2. The Concept of Participation

even a condition sine qua non with regard to participation.10 While these issues are also relevant to local authorities, at the local level matters are sometimes different due to the close proximity to citizens.

The accuracy of the classical concept of the rule of law, in which legislation and regulations define the exercise of government power, has diminished. Nowadays, the growing body of discretionary powers wielded by public entities and the countless vaguely defined terms and standards in legislation continue to distract attention from the normative character of the law. In the literature,11 the claim is made that—with respect to the acceptance of government decisions—it is no longer enough that policies and legislation arise as part of a procedure in accordance with constitutional requirements and the principles of a representative democracy. In addition to a reduction of regulations and a striving for private self-regulation, the solution now requires the involvement of citizens in the decision-making process more than ever. The government’s desire does not only cause this to increase the legitimacy of decisions taken, but also by initiatives undertaken by citizens. The discussion is not limited to decisions, but also covers all of the practices of public entities. Of course, the involvement of citizens will also lead to a defence of the norm by the administration.12 See the problems related to public participation and energy transition in the context of windfarms.13

With this in mind, forms of participation can be distinguished according to the practices of public authorities—decisions, contracts, and specific activities—as well as the phase in which these practices occur during the policymaking process. The number of citizens affected by the particular practices of a public authority is also important. As the scope or impact of such practices increases, a larger number of people should be given the opportunity to participate. In addition, the more far-reaching the practice of the authorities, the earlier the citizens affected by such practice will have to be involved.14

2. The Concept of Participation

How should the forms of participation be valued or what is, in essence, the concept of participation? Three key reference points include the necessity of participation to supplement representative democracy, the consequences for the government’s legitimacy, and the special situation for participation options at the local and regional levels. The importance of legitimacy as part of the traditional rule of law, as well as the content of legitimacy in terms of notions, are similar to ideas of the principles of good governance.15 In the literature, it is also explained that the notion of the rule of law is based on ‘a state-consideration of self-conscious people ... and who want to be involved when major decisions are made’.

Participation is a necessary addition to representative democracy. In a representative democracy, the citizens either directly or indirectly elect their representatives. These representatives then make up the legislative authority, whose task it is to monitor the administration. Why then speak of a necessary addition to representative democracy? There are several reasons for this. First, it appears that public representatives limit themselves in their monitoring task to the main points of the policy being implemented by the administration. Second, party discipline has resulted in public representatives

10 Curtin and Dekker 2005. 11 Burkens and others 2006, 255. 12 Vucsán 1995. 13 Akerboom 2018. 14 Damen 2009. 15 Burkens and others 2006, 17, 41–7, 87–8, 94–100.