A1 Refereed original research article in a scientific journal

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




AuthorsHämäläinen, Hanna; Salminen, Janne

PublisherTaylor & Francis

Publication year2025

JournalThe theory and practice of legislation

ISSN2050-8840

eISSN2050-8859

DOIhttps://doi.org/10.1080/20508840.2025.2513176

Web address https://www.tandfonline.com/doi/full/10.1080/20508840.2025.2513176

Self-archived copy’s web addresshttps://research.utu.fi/converis/portal/detail/Publication/492105510


Abstract

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.


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Funding information in the publication
This work was supported by the Strategic Research Council established within the Research Council of Finland under Grant [358263, 358264].


Last updated on 2025-03-06 at 09:09