Hybridity All the Way Down: A Sequencing Framework for the Construction of Regulatory Governance

This paper addresses a critical gap in regulatory governance research by examining how the sequence in which public and private actors as rule-makers or rule-checkers emerge shapes construction of regulatory governance. Building on rational and institutional design work, this paper proposes a novel three-axis sequencing framework: public to private actors; rule-checker to rule-maker; and who comes first or second in the regulatory governance construction. This framework is operationalized through eight case studies, one for each possible interaction of the three axes. These cases reveal that initial actor configurations create institutional path dependencies, influencing adaptability, accountability, and stakeholder power dynamics. For example, sequences beginning with public rule-makers tend to foster stronger democratic accountability but may lack agility, while private-first sequences promote regulatory innovation but face legitimacy challenges and risk obsolescence once public regulation emerge. The proposed framework advances regulatory governance theory by systematically integrating temporal dynamics, offering policymakers a diagnostic tool to anticipate possible path dependencies and design interventions that balance regulatory innovation with oversight. While this paper does not explore why these regulatory governance sequences occur, we offer four hypotheses around possible contributing factors the regulatory governance construction. While the typology clarifies sequencing effects, we acknowledge its limitations in capturing hybrid arrangements and informal governance mechanisms. Ultimately, this paper establishes sequencing as a foundational dimension of regulatory governance, providing a roadmap for future research and practical guidance for designing adaptive and effective regulatory governance arrangements. For P9 (Theoretical innovations in regulatory governance)