{"title":"Exploring the relationship between law and governance: a proposal","authors":"Aurelia Colombi Ciacchi, D. von der Pfordten","doi":"10.1080/20508840.2023.2215657","DOIUrl":null,"url":null,"abstract":"ABSTRACT The present article assumes that it is possible to explore the relationship between governance and law in general, and try to conceptualise it as accurately as possible. This article intends to set the foundations for this exploration. At the same time, it explains why it would be useful to concentrate on four specific relationships between governance and law: (1) governance as law, (2) governance in the law, (3) governance through law, and (4) governance against the law. The article discusses the concepts of ‘governance’ and ‘law’ first separately (sections 2 and 3) and then in their mutual relationship (sections 4 and 5). The possible different relationships between governance and law are briefly outlined on an abstract level (section 4) and subsequently exemplified with reference to concrete phenomena of societal decision- and policy-making (section 5). The last section (6) draws a brief conclusion.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":"11 1","pages":"151 - 167"},"PeriodicalIF":1.5000,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2023.2215657","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT The present article assumes that it is possible to explore the relationship between governance and law in general, and try to conceptualise it as accurately as possible. This article intends to set the foundations for this exploration. At the same time, it explains why it would be useful to concentrate on four specific relationships between governance and law: (1) governance as law, (2) governance in the law, (3) governance through law, and (4) governance against the law. The article discusses the concepts of ‘governance’ and ‘law’ first separately (sections 2 and 3) and then in their mutual relationship (sections 4 and 5). The possible different relationships between governance and law are briefly outlined on an abstract level (section 4) and subsequently exemplified with reference to concrete phenomena of societal decision- and policy-making (section 5). The last section (6) draws a brief conclusion.
期刊介绍：
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.
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