The human right to «good governance»: concept and the normative content

International relations and international law Journal, 2017

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DOI 10.26577/irily-2017-3-740
Data confidence 70 medium
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Abstract

The article analyzes the concept of the right to «good governance», which recently been restatedin the regulations of the European Union as one of the «new» human rights. The authors examine therelationship of this right to constitutional acts of states and the European Union regulatory documents, as well as features of the normative content of the right to «good governance» in accordance with theEU Charter of Fundamental Rights in 2000. The right to «good governance» was initially secured in theconstitutional acts of the countries of the British Commonwealth of Nations, and then spread to the constitutionalacts of other states. Thus, the authors cite the constitutional acts of Canada, Greece, Andorraas an example. The analogy of the right to «good governance» is also fixed in the constitutions of the RussianFederation and the Republic of Kazakhstan. According to the authors the right to «good governance»refers to the category of first-generation rights, because it is in a certain sense, a logical continuation ofthe constitutional right of citizens to participate in managing state affairs, in relation to such integrationassociations such as the European Union. The article points to the existing relationship between the rightto «good governance» and the internal and external functions of the state.