Governing by Goals: Governance as a Legal Style

Westerman, Pauline

doi:10.1080/17521467.2007.11424659

Cited by 18 publications

(6 citation statements)

References 17 publications

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“…Regulations and agreements can be based on a procedural, a substantive or a combined approach, depending on the need for flexibility and adaptability on the one hand and (legal) certainty and an enforceable protection level on the other. Flexibility and adaptiveness can be achieved by open (less detailed) norms (that can be further substantively developed in mutually communication and interaction), the use of principles and duties of care, while certainty on duties, rights and accountability can better be achieved by substantive norms and standards and a clear allocation of responsibilities (Westerman, 2007a(Westerman, , 2007b. Regulations and agreements should be based on a right balance between adaptivity and flexibility on the one hand and legal certainty at the other (Green, Garmestani, Van Rijswick, & Keessen, 2013;Keessen & Van Rijswick, 2012).…”

Section: Legal Certainty and Adaptivenessmentioning

confidence: 99%

Ten building blocks for sustainable water governance: an integrated method to assess the governance of water

Rijswick

Edelenbos

Hellegers

et al. 2014

Water International

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A three-step interdisciplinary method to assess approaches to water shortage, water quality and flood risks is presented. This method, based on water system analysis, economics, law and public administration, seeks to create common understanding based on newly developed concepts and definitions. First, generating content knowledge about the water system and about values, principles and policy discourses. Second, providing an organizational process with sufficient stakeholder involvement, insight into the trade-off between social objectives, and attribution of responsibilities in addition to regulations and agreements. Finally, implementing the agreed service level through adequate infrastructure, enforcement and conflict resolution.

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Section: Legal Certainty and Adaptivenessmentioning

confidence: 99%

Ten building blocks for sustainable water governance: an integrated method to assess the governance of water

Rijswick

Edelenbos

Hellegers

et al. 2014

Water International

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“…This is a form of what I analysed elsewhere under the heading of "goal-regulation" [11,12], a legislative and regulatory practice which is nowadays common in many European countries. Usually the imposition of the obligation to achieve goals is there addressed to a set of institutions that consequently set out to analyse, concretise and determine the results that should be obtained, relying on a vast amount of empirical knowledge concerning the proper strategies to achieve these results [13].…”

Section: The Principle Of Differential Treatmentmentioning

confidence: 99%

The Uneasy Marriage between Law and Equality

Westerman

2015

Laws

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There are two ways in which the social ideal of equality has found expression in the law: in the principle of equal treatment and in the principle of non-discrimination. In this article the meaning of these two legal principles is analysed, in order to answer the question to what extent they can be said to contribute to equality in the sense of an equal distribution of collective resources. It is argued that whereas the first just requires decision-making to be rule-based, the second principle demands that rules should be based on sound categorical distinctions. Neither of the two can, however, sensibly be linked to equality as equal distribution. The article concludes that the only way to establish such a link is by adding to the principle of non-discrimination "financial resources" as a suspect ground.

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“…As I noted elsewhere 32 the rules that are issued at the central level and with which the lower echelons are confronted, may exhibit a certain amount of 30 Th is is refl ected in European governance: a white paper, Brussels 2001, Commission of the EC, which diagnoses the problems with rules in much the same way as Dutch reports, and off ers roughly the same therapy. 31 Westerman 2007a, p. 51-72. 32 Westerman 2007b abstraction, but cannot be understood as ordinary rules.…”

Section: Alternatives: the Normaddresseesmentioning

confidence: 99%

Social Security as a Public Interest: A Multidisciplinary Inquiry into the Foundations of the Regulatory Welfare State

Vonk¹

2010

European Journal of Social Security

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Corrà, Plantinga & De Ridder 2009. 'something that might be changed or abolished whenever the administration changes its political hue' but a constitutive element of social citizenship. 31 4. SOCIAL SECURITY AS A FUNDAMENTAL SOCIO ECONOMIC RIGHT; STATE RESPONSIBILITY Every person, as a member of society, has the right to social security (…); so proclaimed article 2 of the Universal Declaration of human rights in 1948. Since then the right has also been adopted in international and regional human rights instruments, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR, art. 9), the European Social Charter (ESC, art. 12), the EU Charter of Fundamental Rights (CFREU, art. 34), as well as in the national constitutions of a growing number of states.

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Governing by Goals: Governance as a Legal Style

Cited by 18 publications

References 17 publications

Ten building blocks for sustainable water governance: an integrated method to assess the governance of water

Ten building blocks for sustainable water governance: an integrated method to assess the governance of water

The Uneasy Marriage between Law and Equality

Social Security as a Public Interest: A Multidisciplinary Inquiry into the Foundations of the Regulatory Welfare State

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