Measuring Design Diversity: A New Application of Ostrom’s Rule Types

Abstract

We draw on the Institutional Grammar Tool’s rule types to empirically analyze the design of four major procedural regulatory instruments in the 27 member states of the European Union and the UK. They are: consultation, regulatory impact assessment (RIA), freedom of information (FOI), and the Ombudsman. By adopting the IGT as conceptual lens to direct us towards a single measurement template applicable to a variety of action situations, we are able to derive measures that are conceptually robust and suitable for comparative analysis. With original data gathered on the official legal base in the 28 cases, we carry out principal components analysis. We identify design patterns across countries and instruments; the ‘specialization’ of each instrument in terms of rule type; and the components that best explain cross-country variation. In the conclusions we argue that to reframe the design features of the four instruments in conceptual, theoretical categories is not simply a taxonomical exercise but it extends to the territory of practice and reform.