Table Of ContentGOOD GOVERNANCE
Good Governance
Concept and Context
HENK ADDINK
1
1
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This book is for Julia
Preface
This book deals with good governance, and more specifically with its concept and
context. The last decades have witnessed the emergence of many principles of good
governance. These principles function in different contexts and their manifestations
are often as different as the contexts themselves. To comprehend this hotchpotch of
principles, the overarching idea of good governance is explained in this book. What is
good governance as a concept and how does it relate to the rule of law and democracy?
Thereby, six particular principles are articulated as the core principles of good govern-
ance: properness, transparency, participation, effectiveness, accountability, and human
rights. These six principles are understood as the substantive core of good governance,
although different jurisdictions can assign different formal names to these principles.
In this book, it is argued that good governance has risen as a third dominant con-
cept in the modern state. Alongside the rule of law and democracy, good governance is
becoming increasingly important for the legitimacy of state authorities, as the former
predominant function of the nation state gradually declines. However, good govern-
ance is also used in nongovernmental contexts, and this is briefly mentioned over the
course of the eighteen chapters. This book remains primarily concerned with the state
and its relationship with the citizens, but also its relevance for good governance on a
regional and international level.
The book consists of three parts. The first part explores good governance from a
rather abstract perspective in which general aspects of good governance are elaborated
upon, such as the concept of good governance, the multilevel developments (national,
regional, and international), and the conceptual links between good governance and
the rule of law and democracy. The second part is focused on an in-d epth analysis of
the six individual principles of good governance, based on four criteria: the develop-
ments, the concept, the institutions involved, and the sources. The third part deals
with the application of the principles of good governance on the national level. In
this part, we give a description of their application in each region, as well as country
by country, using the same structure and with a strong focus on the countries of the
European Union. Similarly, we also look at three countries in other regions of the
world: Australia, Canada, and South Africa. It is my hope and expectation that profes-
sionals and students will profit from the work presented here, so that good governance
becomes properly consolidated in law and governance.
In preparing this book I have benefited from the support of many colleagues and
friends, too numerous to mention here. My thanks go to Paul Craig who stimulated
my interest in this area and has been a steadfast supporter of this project and a con-
stant source of inspiration. I am grateful to (former) Dean Timothy Endicott and the
Faculty of Law of Oxford University for hosting me and giving me the opportunity to
spend long hours in the library and have discussions with several staff members. Special
thanks also go to my colleagues, including (former) (vice)deans Henk Kummeling
and Ige Dekker, here at the Faculty of Law, Economics and Governance of Utrecht
University, who made this study possible and with many of whom I have had inter-
esting discussions.
I also want to thank the members of the ‘good governance research group’ for their
inspiring discussions on the topic. PhD studies by members of this group have been
published or are on the way to publication: ‘Good Governance and Enforcement, the
Principle of Transparency’, ‘Good Governance and Public Contracts, the Principle of
viii Preface
Effectiveness’, ‘Ombudsman and Good Governance, the Principle of Participation’,
‘Principles of Good Governance and Public Procurement’, ‘Good Governance and
Integrity and Principles of Good Supervision’.
I am very grateful for the help from several students of the course Principles of Good
Governance and student assistants and especially from Ms Mariette van der Tol and
Mr George Necsa- Damacus. Many thanks also to Julia for being there and bearing
with me when writing this book.
Henk Addink
October 2018
Contents
Table of Cases xiii
Tables of Legislation, Treaties, and Conventions xvii
List of Abbreviations xxiii
I. DEVELOPING THE CONCEPT OF GOOD
GOVERNANCE
1. Good Governance: An Introduction 3
1. Good Governance: A Cornerstone of the Modern State 3
2. Good Governance and Law 5
3. Good Governance and Human Rights 7
4. Good Governance and the Main Developments 9
5. Structure of the Three Parts of this Book 12
6. Conclusions 13
2. An Overview of Good Governance 15
1. Need for Good Governance 15
2. Concept of Good Governance 16
3. Specification of the Principles of Good Governance 19
4. Institutions Involved within a Framework of Checks and Balances 20
5. Relevant Sources of Good Governance 23
6. Enforcement of Good Governance 23
7. Conclusions 24
3. Good Governance on Multiple Levels 25
1. Good Governance on the National Level: The Netherlands 25
2. Good Governance on the National Level in Europe 32
3. Good Governance and the Europeanization of National Law 41
4. Good Governance on the European Union Level 43
5. Good Governance on the International Level 48
6. Conclusions 53
4. Principles of Good Governance: The Theoretical Perspective 55
1. Fundamental Aspects of the Principles of Good Governance 55
2. Dworkin and Hart 56
3. The Relationship between Law and Values 59
4. The Nature of Principles in the Legal Theory 61
5. Good Governance and Integrity 64
6. Concepts of Values 71
7. Conclusions 73
5. The Rule of Law and Good Governance 75
1. Rule of Law in the Classical Liberal Tradition 75
