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Public Participation and Democratic Legitimacy of Rulemaking – A Comparative Analysis Cover

Public Participation and Democratic Legitimacy of Rulemaking – A Comparative Analysis

By: Iztok Rakar  
Open Access
|Jul 2017

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.

DOI: https://doi.org/10.1515/danb-2017-0005 | Journal eISSN: 1804-8285 | Journal ISSN: 1804-6746
Language: English
Page range: 57 - 77
Published on: Jul 13, 2017
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2017 Iztok Rakar, published by European Association Comenius - EACO
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.