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Governance: A Soft Revolution with Hard Political and Legal Effects

by Maria Rosaria Ferrarese

Issue 1 (1,1) – January-June 2014 ISSN (online): 2539/2239 ISSN (print): 2389-8232 DOI: 34-56

Abstract

The basic assumption of this article is that governance marks a departure from the two pillars of the project of modernity: representative democracy and legislative institutions. Governance, as a complex institutional phenomenon that goes far beyond participation, has significantly deconstructed the two main points of reference of modern democracy, that is, people and territory. Furthermore, its inclusive and open nature has not prevented the emergence of a dark side, made of exclusive modes: a theater without publicity. From the perspective of transformations, this article highlights the emergence of a changing and fluid normativity, one capable of adapting to the specificity and the variability of situations and processes, inevitably eclipsing the primacy of the legislation itself.

Keywords

Governance, representative democracy, legal globalization, inclusiveness
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