Public Participation and Democratic Legitimacy of Rulemaking - A Comparative Analysis

Iztok Rakar ()
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Iztok Rakar: University of Ljubljana, Faculty of Administration

DANUBE: Law and Economics Review, 2017, issue 2, 57-77

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.

Keywords: Rulemaking; Public Participation; Legitimacy; Democracy (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:cmn:journl:y:2017:i:2:p:57-77

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