How can we explain the emergence and evolvement of the overlaps between the Colombian Water and Sanitation Regulatory Commission (CRA) and the Constitutional Court? This paper shows the dominant literature's limitations in explaining these overlaps. By contrast, I argue that the "regulatory enterprise" approach developed by Tony Prosser (2010) and the theory of "institutional isomorphism" explained by DiMaggio and Powell (1991) are better equipped to offer plausible explanations. Moreover, I hypothesize that the lack of understanding regarding the differences between the role of a regulatory agency in developed countries and the role of a regulatory agency in Colombia is critical in these overlaps. The specific conditions that determine these differences are a precarious legislature, a "thick" constitution that includes several social rights, and an activist judicial enforcement of these rights. This qualitative research does not allow for generalizable conclusions. However, the intention of this study is to provide insights into the role and specific challenges for a regulatory agency in developing countries. Furthermore, this case study seeks to demonstrate that regulation researchers must focus on the political context to develop tools appropriate for evaluating regulatory agencies outside the developed world.
The Executive Politics and Governance series focuses on central government, its organisation and its instruments. It is particularly concerned with how the changing conditions of contemporary governing affect perennial questions in political science and public administration. Executive Politics and Governance is therefore centrally interested in questions such as how politics interacts with bureaucracies, how issues rise and fall on political agendas, and how public organisations and services are designed and operated. This book series encourages a closer engagement with the role of politics in shaping executive structures, and how administration shapes politics and policy-making. In addition, this series also wishes to engage with the scholarship that focuses on the organisational aspects of politics, such as government formation and legislative institutions. The series welcomes high quality research-led monographs with comparative appeal. Edited volumes that provide in-depth analysis and critical insights into the field of Executive Politics and Governance are also encouraged.
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