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Public Participation and Democratic Legitimacy of Rulemaking - A Comparative Analysis

Author

Listed:
  • Iztok Rakar

    (University of Ljubljana, Faculty of Administration)

Abstract

In recent years, public participation has been a frequent object of research, especially in relation to rulemaking procedures. The aim of the paper is to verify a common thesis, that public participation is a means for enhancing democratic legitimacy in rulemaking. In order to do so, the author defines legitimacy and legitimation, presents models of the democratic legitimacy of the executive and compares monistic and pluralistic understanding of democracy. The author then analyzes standpoints of American, English and German legal theory and case law and proposes a possible solution to the main research question.

Suggested Citation

  • Iztok Rakar, 2017. "Public Participation and Democratic Legitimacy of Rulemaking - A Comparative Analysis," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 2, pages 57-77, June.
    • Handle: RePEc:cmn:journl:y:2017:i:2:p:57-77
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    References listed on IDEAS

    as
    1. Johns,Melissa Marie & Saltane,Valentina, 2016. "Citizen engagement in rulemaking -- evidence on regulatory practices in 185 countries," Policy Research Working Paper Series 7840, The World Bank.
    2. Wagner, Sascha Alexander & Vogt, Sebastian & Kabst, Rüdiger, 2016. "The future of public participation: Empirical analysis from the viewpoint of policy-makers," Technological Forecasting and Social Change, Elsevier, vol. 106(C), pages 65-73.
    3. Polonca Kovač & Tina Sever, 2014. "Participatory Administrative Procedure: USA vs. Selected EU States," Palgrave Macmillan Books, in: Eberhard Bohne & John D. Graham & Jos C. N. Raadschelders & Jesse Paul Lehrke (ed.), Public Administration and the Modern State, chapter 9, pages 144-160, Palgrave Macmillan.
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    Cited by:

    1. Igor Kotlán & Daniel Němec & Zuzana Machová, 2019. "Právní nejistota v daňové oblasti a její dopady na nabídku práce v České republice [Legal Uncertainty in Taxation and Its Impacts on Labour Supply in the Czech Republic]," Politická ekonomie, Prague University of Economics and Business, vol. 2019(4), pages 371-384.

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