Exploring the relationship between law and governance: a proposal

Aurelia Colombi Ciacchi*, Dietmar von der Pfordten

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

3 Citations (Scopus)
129 Downloads (Pure)

Abstract

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.

Original languageEnglish
Pages (from-to)151-167
Number of pages17
JournalTheory and Practice of Legislation
Volume11
Issue number2
DOIs
Publication statusPublished - 2023

Keywords

  • concept of governance
  • concept of law
  • governance
  • Law
  • relationship between law and governance

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