If you visit Ashbury Close in Coleridge, as I did last week, you are met with a pretty unwelcoming sight:
It is an example of a rules based approach to regulation - trying to set out in detail what is and isn't allowed.
There are many flaws in this approach.
It can lead to people putting in place restrictions that are unnecessarily restrictive. For example, the only principle I can think of behind 'no cycling' on Ashbury Close is that there might be conflict between cyclists and pedestrians causing alarm/distress or injury to one or other party that should be avoided. But the near complete lack of compliance with this rule, coupled with the lack of any record of problems is a key reason why I am supporting a proper cycle route being established here, and the removal of the no cycling sign - I think the principle that as long as it doesn't cause problems to others, we should be encouraging more environmentally friendly forms of transport, particularly on routes to schools, is more important - and almost all cyclists living in or using the close seem to agree.
With a rule based approach, it can be confusing to those enforcing the rules what is and isn't allowed, reducing the credibility of the system - I am struggling to see what law or regulation would actually be broken for at least two of the signs above if they were just ignored - its not as if Ashbury Close actually has any formal parking restrictions. As a Councillor, it can then lead to residents feeling let down when authorities are powerless to act, even if an apparent rule has been advertised.
But the big problem with a rules based approach is that we live in a complex world, and it is difficult to anticipate in advance every possible scenario, so rules quickly grow and become unwieldy to use as every new situation introduces a new rule, and even then there will be new situations not covered by the new rules.
The USA culturally has preferred a rules based approach in many situations - for example their accounting standards contain many specific rules, in contrast to the UK, which has an approach based more on principles and examples than rules. I wonder if this explains why expensive legal action seems so popular in the US?
The previous Labour government preferred a rules based approach to government - just consider how our tax system grew under the last government, or the number of criminal offences rocketed. The discretion of local authorities and other local bodies was reduced by central targets. Few people will agree that the sum effect of all these new rules was beneficial to the country as a whole.
Whilst rules sometimes have their place, in most cases I much prefer the alternative approach - principle based - where regulation sets out in broad outline what the regulation intends to achieve, and any constraints. And the key principles to me are responsibility, for yourself and those around you, and freedom in its broadest sense for those that are responsible.
If government of whatever form (or any other organisation for that matter) feels the need to set out in great detail what is and isn't allowed through a great set of rules, maintaining the principles of responsibility and freedom is all but impossible.