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Topic 5
1. Topic 5. National legal instruments for creation and implementation of an electronic state
2. E-government is usually associated with:
• effective dissemination of information, increasing the amount of available information toindividuals about the activities of government entities;
• the formation of new effective ways of communication of individuals with executive
bodies;
• increasing management efficiency through the use of network technologies;
• increasing the level of confidence of individuals in the system of executive bodies of state
power;
• reducing the level of costs of citizens associated with the receipt of public services;
improvement of the decision-making procedure by the subjects of management;
• increasing the level of transparency and accountability of executive bodies;
• the development of representative, deliberative and direct democracy;
• providing an opportunity to discuss the problems of individuals and decisions made by
government bodies.
3. BUT…?
4. THE wave concept
5. The “Pacing Problem”
6. Legal sociology
America - Philippe Nonet,Philip Selznick
RESPONSIVE LAW
• to make law “more responsive to social needs”
• the
legal
order
has
shifted
from formal to substantive (purposive) modes of
rationality;
• the legislator has to look for new, more flexible and open
forms of influence of the law on public relations;
• adaptive rule-making is the setting of a goal that meets
the criteria of objectivity, authority, which would allow
for the consideration of individual characteristics of the
environment, while maintaining its integrity, excluding
abuse.
EU - Gunther Teubner
Reflexive Law
• the transition from formal rationality, which provided
in law a strict orientation to the rules reflected in the
law to reflexive rationality;
• reflexive rationality in law relies on procedural
norms, mechanisms of self-regulation and their
control, as well as the creation of procedural
prerequisites for future actions.