2025/05/04 by Hanna Hämäläinen, Janne Salminen · 1 voice
Social Sciences · #Business #Constitution #Constitutional law #Constitutional right #Corporate governance #Law #Legal Issues in South Africa #Obligation #Political science #Public administration
paper · doi:10.1080/20508840.2025.2513176
published in The Theory and Practice of Legislation 13(2), 213-235 (Taylor & Francis)
openalex publication_date 2025/05/04 · openalex created_date 2025/10/10 · openalex updated_date 2026/08/01
In this article, we discuss the right to participate in law-making processes from a constitutional law perspective. The study frames the inclusion of people affected by legislation in the legislative process as a legal obligation of public power. According to various better regulation guidelines, the involvement of affected people and the quality of a law-making procedure are traditionally considered good governance, rendering them subject to political consideration. However, we argue that beyond these guidelines, there is a constitutional mandate for inclusive participation rooted in generally accepted constitutional principles and human rights. The article provides insights into the constitutional basis of participation, offering a clearer understanding of regulatory frameworks and their implications for the inclusion of people affected by legislation. This work’s thesis understands and accounts for the nature of law-making as both a political and legal practice.