Towards Legitimacy in Above-National Rule-Making: Proceduralisation in Multi-Stakeholder Public Regulation

‘Law & Legitimacy’ (eds. Per Andersen and Bjarke Viskum), Copenhagen: DJØF Publishing, Forthcoming

21 Pages Posted: 30 Sep 2014

See all articles by Karin Buhmann

Karin Buhmann

Copenhagen Business School (CBS) - CBS Centre for CSR; Dpt of Management, Society and Communication

Date Written: September 28, 2014

Abstract

In view of the growth and economic as well as political and lobbying power of private transnational and other businesses, the inclusion of business in rule-making organised under intergovernmental organisations offer interesting perspectives. Yet the inclusion of business in such rule-making also offers a range of legitimacy challenges. Focusing on the process that connects the ‘input’ to the ‘output’, this chapter discusses legitimacy from the ‘throughput’ perspective. The focus is on proceduralisation, informed by Jürgen Habermas’ theory of deliberative law-making. With a point of departure in the socio-legal reflexive law regulatory theory, proceduralised equalisation of participation in the process of deliberation is suggested as a modality to close a significant gap in reflexive law theory as regards balancing power disparities. The discussion highlights that combining these otherwise diverse theories offers interesting benefits in order to address important legitimacy challenges related to global regulation and decision-making on global sustainability challenges.

Keywords: legitimacy, participation in rule-making, multi-stakeholder rule-making, the role of private non-state actors in international law, deliberation, power disparities, proceduralisation, global regulation, reflexive law

Suggested Citation

Buhmann, Karin, Towards Legitimacy in Above-National Rule-Making: Proceduralisation in Multi-Stakeholder Public Regulation (September 28, 2014). ‘Law & Legitimacy’ (eds. Per Andersen and Bjarke Viskum), Copenhagen: DJØF Publishing, Forthcoming , Available at SSRN: https://ssrn.com/abstract=2502484

Karin Buhmann (Contact Author)

Copenhagen Business School (CBS) - CBS Centre for CSR; Dpt of Management, Society and Communication ( email )

Solbjerg Plads 3
Frederiksberg C, DK - 2000
Denmark

HOME PAGE: http://www.cbs.dk/en/research/departments-and-centres/department-of-intercultural-communication-and-

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