Regulatory Silence and Institutional Racism

Race has historically received limited attention in regulatory studies, with regulators often remaining silent on systemic inequities. This silence is frequently rooted in the mistaken belief that color-blind policies and economic rationales can deliver fair and objective regulations. However, such approaches overlook the structural disadvantages faced by marginalized communities, thereby exacerbating systemic racial inequalities. These disparities are especially pronounced in turbulent times and in crucial areas such as access to safe housing, a clean environment, and healthcare. This essay discusses the complex interplay between race and regulation, focusing on how regulatory frameworks intersect with institutional racism. It introduces key examples, including the Grenfell Tower fire, to shed light on how regulation has historically perpetuated inequities. Finally, it outlines new pathways for leveraging regulation as a tool to address systemic inequalities and advance racial equity.