Good Governance , Concept & Context

Page 38

Conclusions

13

for citizens is discussed. The last chapter of Part I concerns the theoretical position of good governance as a principle, a fundamental right, or a value. The second part of the book further examines the individual elements of good governance, the principles of good governance. The six principles are discussed: properness, transparency, participation, effectiveness, accountability, and human rights. On a very abstract level these principles can be seen as six individual elements of the same general and abstract principle, on a more concrete level there are six distinct principles of law. In this second part, each chapter on good governance follows a comparable structure. This structure facilitates the comparison between the different principles and contributes to a better insight. The first point of interest is why a certain principle has been developed and what the underlying concept of the principle is. Then we look at the way each principle has taken on different forms in different countries. Then which institutions are involved in the development of the principles is outlined. The different sources of the principles are described as well. Whenever possible, concrete legislation and policy rules are brought into the discussion. Finally, how the controlling institution contributes to the further development of the principles of good governance is elaborated upon. The third part deals with the application of the principles of good governance on a national level in the member states of the European Union but also in states of other continents in the world. In this part we give a description of the application region wise and country by country and according to the same structure. We start with Europe with a strong focus on the countries of the European Union. We give an explanation on the research questions, the normative framework, and the used methodology. Then we will give an overview of the results of the study by distinguishing the following regions of Europe: Northern, Western, Southern, Central, and the United Kingdom and Ireland. Similarly, we are doing it for three countries in other regions of the world: Australia, Canada, and South Africa.

6.  Conclusions In this introduction chapter, we started to position the concept of good governance in relation to the developments of a modern state. In the first phase of the development, the rule of law concept has been developed, in the second phase this concept has been deepened in relation to the concept of democracy. The third phase shows a deepening of the concepts of the rule of law and of democracy in relation to the concept of good governance. That process of deepening the concepts of the rule of law and of democracy takes place in close connection to the concept of good governance. We concluded that good governance can be seen as the third cornerstone of the modern democratic rule of law. Principles of good governance can only be legal principles when they have been integrated in the legal system and there is legal effect of the application of these principles. That process takes place in three phases of the legal process: in the process of making regulation, the process of implementing regulation, and in the process of controlling and enforcing the regulation by the different controlling institutions. In each of these phases we see the legal consequences of the principles of good governance. These principles are norms which are used by the legislator, the administration, and the controlling institutions like the judiciary. The principles sometimes function as norms for the administration and in other situations as protecting norms for the citizens.


Turn static files into dynamic content formats.

Create a flipbook

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
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.