Governance, Normativity And Legitimacy In The Post-Political Context

Abstract

This recent shifts in theoretical understanding of law and governance compel us to (re)consider the links between the categories of the State, institutional and normative legitimacy, law-making, governance and political authority, while at the same time calling on us to chart the possible ways and obstacles through which a future along these trajectories could be envisioned. In this regard, this paper aims to highlight that despite the dispersal of governance and normative agency to supranational, subnational and private spheres, the State still holds a key position within the equation due to its link with political legitimacy and public interest, among other factors. This importance, however, creates another caveat which implies that a weakening of these facets may undermine the entire role and the rationality of the State. The paper will argue that the era of dispersed governance, paradoxically, increases both the importance of the State as well as avenues and the possibilities of its increased legitimacy and greater accountability. Using insights from the fields of governance and legal pluralism, the paper will discuss how the dispersal of governance and law-making raises questions about the legitimacy of authority to formulate law and policies, particularly when imagined through the category of the ‘post-political’. In addition, the paper will provide some key aspects which are to be considered if we are to find an effective way to understand the linkage between law, governance and the state in this post-political era.