Inclusive participation in law-making: good governance or a constitutional obligation?

Abstract

<p>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.<br></p>