TY - JOUR
T1 - Exploring the relationship between law and governance
T2 - a proposal
AU - Colombi Ciacchi, Aurelia
AU - von der Pfordten, Dietmar
N1 - Publisher Copyright:
© 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.
PY - 2023
Y1 - 2023
N2 - 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.
AB - 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.
KW - concept of governance
KW - concept of law
KW - governance
KW - Law
KW - relationship between law and governance
UR - http://www.scopus.com/inward/record.url?scp=85160917871&partnerID=8YFLogxK
U2 - 10.1080/20508840.2023.2215657
DO - 10.1080/20508840.2023.2215657
M3 - Article
AN - SCOPUS:85160917871
SN - 2050-8840
VL - 11
SP - 151
EP - 167
JO - Theory and Practice of Legislation
JF - Theory and Practice of Legislation
IS - 2
ER -