Abstract

This issue of the Potchefstroom Electronic Law Journal (PELJ) is entirely dedicated to the concept of good governance. It is the outcome of the first Summer/Winter school on Good Governance which was held at North-West University, Potchefstroom (SA) in January 2006 and at Tilburg University, Tilburg (NL) in January 2007. This Summer/Winter school has now become a yearly event with a bi-annual theme. Academic staff from both universities collaborate in teaching this course. Students from the two universities who participate in the Summer/Winter school have the unique possibility to deepen their knowledge on a particular subject while enjoying a cross-cultural learning environment. The subject of good governance was not selected by chance but was chosen because of its impact in many fields and the many ways in which the concept is used. It was time for a deeper insight into this multiple role of the concept of good governance. The contributions to this journal are the analytical outcome of the research done in preparation for the lectures given during the Summer/Winter school. As the contributions directly apply the good governance concept to various specific fields of expertise, this introduction will be used to give a short reflection on the concept as such.

Highlights

  • This issue of the Potchefstroom Electronic Law Journal (PELJ) is entirely dedicated to the concept of good governance

  • Many definitions and interpretations of good governance exist they seem to represent the following common idea: Good governance refers to the realization of the fundamental values of democracy, rule of law, human rights and social justice by all governmental or non-governmental authorities whose legal acts or activities affect the position of citizens in the process of the formulation, the creation and the implementation of binding and nonbinding legal norms.[10]

  • 4 Operationalisation of the concept of good governance. According to these core principles of good governance, the application of the concept, as well as the definition used by several organisations it seems that at least the principles of transparency, accountability and participation must be upheld before one can speak of good governance

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Summary

Introduction

This issue of the Potchefstroom Electronic Law Journal (PELJ) is entirely dedicated to the concept of good governance. In this regard Hancher and others have identified the following principles of good market governance: transparency, accountability, proportionality, consistency, predictability, flexible powers, clear legal mandate, independence and respect for competition law and policy.[4] Those who favour a more social approach to good governance state that good governance involves ideas and values about how a state should act towards individuals. Despite the economic aims of the World Bank, it did not hesitate to demand accountability, the rule of law, transparency, anticorruption and respect for human rights from the borrowing states as evident from its reports In doing so they integrated both approaches and upgraded these aspects to become the core principles of good governance.[6] In this sense these principles of good governance reflect important aspects of human rights law which are and must be applied by non-state actors. Looking at these three prongs it is clear that the significance of the concept of good governance has grown and that its impact has increased and broadened to other fields

Definitions
Operationalisation of the concept of good governance
Transparency
Participation
Accountability
Good governance and human rights
Content of this issue
Conclusion
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