Good Governance , Concept & Context

Page 217

192

Implementation of Good Governance: National

most essential. Therefore, it is necessary to emphasize the bond between values and principles. Good governance is put into practice through the principles of good governance. These principles may differ in character from one country to another, through the different ways in which the principles are included in different means of legislation and judicial interpretation. Principles are usually laid down in policy documents, which are not generally binding, but can have a binding effect when such documents bear a sufficiently formal character. However, policy documents that have no direct legal effect may still be to a certain extent binding through the principles of proper administration. A different situation exists when a Code is meant to be exemplary to other governmental institutions. We have seen that good governance entails values for public governance, especially related to institutions fulfilling a public task. This concept manifests itself in several principles in different fields of study: legal principles, policy principles, and economic principles. Legal principles are divided into general principles and other principles. General principles refer to fundamental ideas concerning order in society. Yet even when principles are vague, they represent underlying values of the national legal system. As a consequence, these can be looked at when interpreting the law. Some other principles are not really fundamental, but yet invaluable and therefore normative to the legal system.

5. Different Developments in the Practices of Different Countries For each of the three dimensions—​rule of law/​democracy/​institutional—​we made an illustration of two partly overlapping ovals or ellipses for the EU-​member state study. Because of the overlap we created three options. In the first option, we have the original and more general concept of the dimension; in the second option is the full specification by principles; and in the third option of overlapping is a mix of general concept and specified principles. The rule of law concept contains properness and human rights, democracy contains transparency and participation, and the institutional concept contains effectiveness and accountability. For example, in relation to the rule of law dimension, in the general development there is a strong focus on legality, and the specific development by the properness and the human rights principles. The intermediate position is a mix of the general and specific development. The next step was to find out what could be the position of the country: first, second, or third option. For each of the groups of the EU member states we start in alphabetical order. This positioning is based on the information gathered from this research and it is a theoretical position which may be subject to discussion. The idea of presenting the results in this way makes it possible to have a discussion within and between the member states on the developments and the shifts of the principles of good governance. The theoretical positioning of countries is repeated for each of the five groups of countries, based on a certain level of cultural and social coherence. The discussion in practice will be centred around the following points: the institutions which apply good governance norms in relation to their functions; the developments of the concept by specification of principles of good governance; the form and binding effect of the specified principles (including the integrity principle); and the prevention of malgovernance (including corruption) by promoting good governance.


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Articles inside

Index

44min
pages 332-353

Bibliography

38min
pages 306-331

Governance

14min
pages 301-305

2. Part II: The Specification of the Principles of Good Governance

8min
pages 298-300

4. Conclusions

9min
pages 291-294

of Human Rights

2min
page 290

2. Good Governance in International Case Law

2min
page 289

Ombudsman

17min
pages 280-285

4. Conclusions

3min
pages 286-287

Court of Justice

30min
pages 270-279

Institutions

2min
page 269

16. Implementation of Good Governance Principles on the European Level

2min
page 268

5. Conclusions

2min
pages 266-267

South Africa

13min
pages 261-265

3. Implementation of the Good Governance Principles in Canada

21min
pages 253-260

7. Conclusions

12min
pages 220-224

2. Implementation of Good Governance in Northern Europe

2min
page 226

6. Cases about the Implementation of Good Governance Principles

5min
pages 218-219

5. Different Developments in the Practices of Different Countries

2min
page 217

2. Concept and Principles of Good Governance and Integrity

2min
page 212

Practices of Good Governance

6min
pages 214-216

the Non-EU Country Studies

1min
page 213

1. Good Governance: The Need and the Practical Relevance

2min
page 211

6. Conclusions

1min
pages 207-209

5. Sources of the Principle of Human Rights

14min
pages 201-206

3. Specification of the Concept

2min
page 198

2. The Concept of the Principle of Human Rights

2min
page 197

4. Institutions Involved

4min
pages 199-200

6. Conclusions

1min
page 195

5. Sources of the Principle of Accountability

5min
pages 193-194

2. The Concept of Accountability

5min
pages 183-184

6. Sources of the Principle of Effectiveness

5min
pages 179-180

7. Conclusions

1min
page 181

5. Institutions Involved

10min
pages 175-178

4. Specification of this Concept

2min
page 174

3. The Concept of Effectiveness

12min
pages 170-173

6. Conclusions

3min
pages 164-165

2. Development of the Principle of Effectiveness

5min
pages 168-169

3. Specification of the Concept

10min
pages 157-160

5. Sources of the Principle of Participation

5min
pages 162-163

4. Institutions Involved

2min
page 161

1. The Development of the Principle of Participation

2min
page 155

9. The Principle of Participation

2min
page 154

2. The Concept of Participation

2min
page 156

6. Conclusions

2min
pages 152-153

5. Sources of the Principle of Transparency

20min
pages 145-151

4. Institutions Involved

8min
pages 142-144

3. Specification of the Concept

7min
pages 139-141

2. The Concept of Transparency

5min
pages 137-138

2. The Concept of Properness

2min
page 125

5. Conclusions

1min
pages 121-123

3. Specification of the Concept

21min
pages 126-133

3. Democracy and Transparency

2min
page 119

4. Democracy and Participation

2min
page 120

2. Democracy: Direct and Representative

2min
page 118

6. The Role of Good Governance Related to these Developments

2min
page 114

7. Conclusions

1min
page 115

3. Rule of Law and Rechtsstaat: Specification of Differences

5min
pages 106-107

5. Difficulties and Developments of the Traditional Rule of Law

5min
pages 112-113

4. Rule of Law and Rechtsstaat: Formal and Substantial Perspectives

11min
pages 108-111

2. Different Historical Roots and Traditional Perspectives

2min
page 105

7. Conclusions

3min
pages 98-99

5. Good Governance and Integrity

18min
pages 89-95

4. The Nature of Principles in the Legal Theory

7min
pages 86-88

3. The Relationship between Law and Values

5min
pages 84-85

6. Conclusions

4min
pages 78-79

5. Good Governance on the International Level

12min
pages 73-77

2. Dworkin and Hart

8min
pages 81-83

4. Good Governance on the European Union Level

14min
pages 68-72

3. Good Governance and the Europeanization of National Law

4min
pages 66-67

2. Good Governance on the National Level in Europe

25min
pages 57-65

7. Conclusions

2min
page 49

4. Good Governance and the Main Developments

9min
pages 34-36

2. Concept of Good Governance

8min
pages 41-43

6. Conclusions

3min
pages 38-39

4. Institutions Involved within a Framework of Checks and Balances

6min
pages 45-47

Implementation of Good Governance in the United Kingdom

2min
page 31

2. Good Governance and Law

2min
page 30

5. Structure of the Three Parts of this Book

2min
page 37

3. Specification of the Principles of Good Governance

2min
page 44
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