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Erik-hans Klijn - One of the best experts on this subject based on the ideXlab platform.
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public private partnerships in urban regeneration Democratic Legitimacy and its relation with performance and trust
Local Government Studies, 2013Co-Authors: Michiel Kort, Erik-hans KlijnAbstract:Abstract Public-private entities set up specifically to manage and implement urban regeneration projects have been observed across several nations. In these urban regeneration partnerships, public and private partners often work together to improve languishing neighbourhoods. One of the core ideas driving the establishment of these partnerships is that, in order to more effectively tackle the challenging regeneration process, these organisations should function at arm's length from the political institutions that oversee them. A specific question concerning these partnerships is how representative mechanisms work and how the partnership process is linked to traditional representative bodies or in other ways is connected to principles of Democratic Legitimacy. This paper explores the so-called Democratic Legitimacy of urban regeneration companies, as a form of public–private partnership, in more detail. It makes a distinction between three types of Democratic Legitimacy: accountability, voice, and due deli...
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Public–Private Partnerships in Urban Regeneration: Democratic Legitimacy and its Relation with Performance and Trust
Local Government Studies, 2013Co-Authors: Michiel Kort, Erik-hans KlijnAbstract:Abstract Public-private entities set up specifically to manage and implement urban regeneration projects have been observed across several nations. In these urban regeneration partnerships, public and private partners often work together to improve languishing neighbourhoods. One of the core ideas driving the establishment of these partnerships is that, in order to more effectively tackle the challenging regeneration process, these organisations should function at arm's length from the political institutions that oversee them. A specific question concerning these partnerships is how representative mechanisms work and how the partnership process is linked to traditional representative bodies or in other ways is connected to principles of Democratic Legitimacy. This paper explores the so-called Democratic Legitimacy of urban regeneration companies, as a form of public–private partnership, in more detail. It makes a distinction between three types of Democratic Legitimacy: accountability, voice, and due deli...
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The influence of Democratic Legitimacy on outcomes in governance networks
Administration & Society, 2012Co-Authors: Erik-hans Klijn, Jurian EdelenbosAbstract:The literature on (governance) networks and network management in general focuses on the performance of these networks or the way networks are constructed or decision-making or collaborative processes in these networks unfold. Some authors assert that most of the new forms of governance networks have a distinct managerial bias (see, for instance, Pollitt’s 2003 discussion of joint up government or Sullivan & Skelcher, 2002). This certainly is evident in the US literature, which, with some exception (see for instance: O Toole, 1997), pays little attention to the Democratic character of networks, or to the possible tensions between governance networks and the traditional institutions of representative democracy. As compared to the American literature, a greater level of attention is paid in the European literature to the tensions that exist between governance networks, institutions of representative democracy and the overarching need to involve stakeholders in decision making. There is however very little empirical work on the Democratic nature of these networks although theoretical work on this is growing (Sorensen and Torfing, 2007). This paper elaborates on the notion of Democratic Legitimacy and develops a framework for analyzing this phenomenon in governance networks. The paper distinguishes three dimensions of Democratic Legitimacy drawing upon different theories of democracy. These are accountability (tied to more representational theories of democracies), voice (tied to more participative theories of democracies) and due deliberation (tied to more deliberate theories of democracies). The paper operationalizes each form of Democratic Legitimacy and then looks how these various forms of Democratic Legitimacy influence the outcomes in governance networks. We test this with a survey done in the first half of 2010 among respondents in environmental projects/water management projects (n=220). Regression analyses with various forms of outcomes (process or content outcomes) and the forms of Democratic Legitimacy as independent variables show that Democratic Legitimacy in general has a significant positive effect on outcomes in governance networks and that more deliberate dimensions of Democratic Legitimacy have much stronger impact than for instance representational dimensions of Democratic Legitimacy. The paper also shows a fairly strong correlation between network management strategies and Democratic Legitimacy. The paper ends with a reflection on the findings for theories of governance networks and network management.
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Democratic Legitimacy of New Forms of Water Management in the Netherlands
International Journal of Water Resources Development, 2012Co-Authors: Arwin Van Buuren, Erik-hans Klijn, Jurian EdelenbosAbstract:Due to changes in the Dutch flood management paradigm, governance practices have been shifting from technocratic and state-oriented towards more collaborative governance approaches in which many governmental actors, together with private and societal actors, search out integral solutions. This shift has had an impact on how water management is legitimized. This paper evaluates two water governance processes that reflect the new management paradigm in different ways, and analyzes how these changing paradigms influence the Democratic Legitimacy of water governance. It is concluded that the extent to which the new paradigm is implemented influences the way in which Democratic Legitimacy is organized. It is also shown that new forms of Democratic Legitimacy do not replace existing ones but rather contribute to hybrid and contextualized forms of Legitimacy.
Joel I. Colón-ríos - One of the best experts on this subject based on the ideXlab platform.
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Chapter 1 - Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power
2012Co-Authors: Joel I. Colón-ríosAbstract:This is the first chapter of Weak Constitutionalism: Democratic Legitimacy and Constituent Power (Routledge, 2012). It introduces the argument presented in the book and outlines the content of each chapter. The book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy Democratic Legitimacy. In so doing, it advances a Democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The book engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left’s legal and political discourse.
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Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power
2012Co-Authors: Joel I. Colón-ríosAbstract:1. Introduction: Toward a Weak Constitutionalism 2. Constitutionalism's Ends 3. The Second Dimension of Democracy 4. Democracy's Principles 5. The Theory (and Practise) of Constituent Power 6. The Idea of Democratic Legitimacy 7. The Transformation of the Juridical 8. The Beginnings of Weak Constitutionalism 9. Activating Constituent Power 10. Conclusion
Ludvig Beckman - One of the best experts on this subject based on the ideXlab platform.
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Democratic Legitimacy does not require constitutional referendum : On ‘the constitution’ in theories of constituent power
European Constitutional Law Review, 2018Co-Authors: Ludvig BeckmanAbstract:Constitutional referendum – Popular sovereignty – Constituent power – Democratic Legitimacy – Participation in referendum as exercise of constituent power – The legal status conception of the constitution – The legal functions conception of the constitution – Open question whether every provision in codified constitutions is essential to constituent power – Therefore, constitutional referendum not always mandated by Democratic Legitimacy
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Deciding the demos: three conceptions of Democratic Legitimacy
Critical Review of International Social and Political Philosophy, 2017Co-Authors: Ludvig BeckmanAbstract:The prevailing view is that Democratic procedures are unable to confer Democratic Legitimacy to decisions about Democratic procedures. This paper examines this claim in detail and uses referendums ...
Susanne Schaller - One of the best experts on this subject based on the ideXlab platform.
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Report Nr. 91 - The Democratic Legitimacy of Private Governance :
2012Co-Authors: Susanne SchallerAbstract:Private actors increasingly influence global governance and generate transnational rules and regulations. By creating soft law, they adopt governance tasks that were traditionally in the responsibility of sovereign states. These modes of “private governance” are quite disputed. Some hope that by including private actors, democracy on a global level can be enhanced. Others fear that private governance circumvents Democratically legitimated governments and that private regulation competes with national and international law. Thus, questions arise about the legitimisation of private actors and about the Democratic Legitimacy of private governance. This report explores whether private governance can be regarded as Democratically legitimate. As a background, it discusses global democracy gaps and possibilities to conceptualise Democratic Legitimacy in relation to private regulation. The main part consists of a case study of the Ethical Trading Initiative (ETI), a private alliance of companies, non‐governmental organisations and trade unions promoting the implementation of supply chain codes of conduct to improve labour standards. As a multi‐stakeholder initiative, ETI stands for a special form of private governance characterised by the cooperation of different actors. According to the analysis, ETI shows a relatively high degree of Democratic Legitimacy even though critical points can be observed. On the whole, ETI as an example of private governance neither poses a threat, nor can it fulfil all hopes in relation to global democracy. In a preliminary conclusion, the author identifies factors that potentially influence the Democratic Legitimacy of private governance, among others the organisational size, financial resources, the method of operation and specific characteristics of the sector in which private governance operates.
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Report Nr. 91 - The Democratic Legitimacy of Private Governance :: an Analysis of the Ethical Trading Initiative
2012Co-Authors: Susanne SchallerAbstract:Private actors increasingly influence global governance and generate transnational rules and regulations. By creating soft law, they adopt governance tasks that were traditionally in the responsibility of sovereign states. These modes of “private governance” are quite disputed. Some hope that by including private actors, democracy on a global level can be enhanced. Others fear that private governance circumvents Democratically legitimated governments and that private regulation competes with national and international law. Thus, questions arise about the legitimisation of private actors and about the Democratic Legitimacy of private governance. This report explores whether private governance can be regarded as Democratically legitimate. As a background, it discusses global democracy gaps and possibilities to conceptualise Democratic Legitimacy in relation to private regulation. The main part consists of a case study of the Ethical Trading Initiative (ETI), a private alliance of companies, non‐governmental organisations and trade unions promoting the implementation of supply chain codes of conduct to improve labour standards. As a multi‐stakeholder initiative, ETI stands for a special form of private governance characterised by the cooperation of different actors. According to the analysis, ETI shows a relatively high degree of Democratic Legitimacy even though critical points can be observed. On the whole, ETI as an example of private governance neither poses a threat, nor can it fulfil all hopes in relation to global democracy. In a preliminary conclusion, the author identifies factors that potentially influence the Democratic Legitimacy of private governance, among others the organisational size, financial resources, the method of operation and specific characteristics of the sector in which private governance operates.
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The Democratic Legitimacy of Private Governance : An Analysis of the Ethical Trading Initiative
2007Co-Authors: Susanne SchallerAbstract:Private actors increasingly influence global governance and generate transnational rules and regulations. By creating soft law, they adopt governance tasks that were traditionally in the responsibility of sovereign states. These modes of “private governance” are quite disputed. Some hope that by including private actors, democracy on a global level can be enhanced. Others fear that private governance circumvents Democratically legitimated governments and that private regulation competes with national and international law. Thus, questions arise about the legitimisation of private actors and about the Democratic Legitimacy of private governance. This report explores whether private governance can be regarded as Democratically legitimate. As a background, it discusses global democracy gaps and possibilities to conceptualise Democratic Legitimacy in relation to private regulation. The main part consists of a case study of the Ethical Trading Initiative (ETI), a private alliance of companies, non‐governmental organisations and trade unions promoting the implementation of supply chain codes of conduct to improve labour standards. As a multi‐stakeholder initiative, ETI stands for a special form of private governance characterised by the cooperation of different actors. According to the analysis, ETI shows a relatively high degree of Democratic Legitimacy even though critical points can be observed. On the whole, ETI as an example of private governance neither poses a threat, nor can it fulfil all hopes in relation to global democracy. In a preliminary conclusion, the author identifies factors that potentially influence the Democratic Legitimacy of private governance, among others the organisational size, financial resources, the method of operation and specific characteristics of the sector in which private governance operates.
Martin Karlsson - One of the best experts on this subject based on the ideXlab platform.
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Empowering Open and Collaborative Governance - Democratic Legitimacy and Recruitment Strategies in eParticipation Projects
Empowering Open and Collaborative Governance, 2012Co-Authors: Martin KarlssonAbstract:This chapter approaches the complex relationship between eParticipation processes and Democratic Legitimacy by analysing several strategies for recruiting participants, a specific issue in the design of eParticipation processes with far-reaching implications. The central argument of this chapter is that the possibility of strengthening systems of representative democracy through eParticipation initiatives depends on the strategies used to recruit participants into those initiatives. First, a review of the theoretical discussion around strategies for the recruitment of participants and their normative implications for Democratic Legitimacy is presented. Thereafter, a broad empirical overview of eParticipation projects is carried out, surveying the diffusion of different recruitment strategies in local eConsultations. This is followed by a case study of the European Citizens’ Consultations (ECC). In the chapter’s concluding discussion, lessons are drawn from the ECC case, and a set of questions are formulated that should be considered in the design of eParticipation projects related to the normative implications of different recruitment strategies.
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Democratic Legitimacy and recruitment strategies in eparticipation projects
Empowering Open and Collaborative Governance, 2012Co-Authors: Martin KarlssonAbstract:This chapter approaches the complex relationship between eParticipation processes and Democratic Legitimacy by analysing several strategies for recruiting participants, a specific issue in the design of eParticipation processes with far-reaching implications. The central argument of this chapter is that the possibility of strengthening systems of representative democracy through eParticipation initiatives depends on the strategies used to recruit participants into those initiatives. First, a review of the theoretical discussion around strategies for the recruitment of participants and their normative implications for Democratic Legitimacy is presented. Thereafter, a broad empirical overview of eParticipation projects is carried out, surveying the diffusion of different recruitment strategies in local eConsultations. This is followed by a case study of the European Citizens’ Consultations (ECC). In the chapter’s concluding discussion, lessons are drawn from the ECC case, and a set of questions are formulated that should be considered in the design of eParticipation projects related to the normative implications of different recruitment strategies.