Law of Non-State Organisations and State Law
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Abstract
The article analyses rules created by non-state organisations as an alternative to legislation as well as the effect of such rules on legislation. The main methods used in this article are observation and formal analysis. The study describes the types of relationship between legislation and rules formulated by non-state organisations, notably: indirect interaction, overlapping and conflict.
The article also looks into the ways the legislative process may be influenced by rules formulated by non-state organisations. These include acceptance of the rules of non-state organisations, redirection to them and efforts to change them.
The conclusions drawn in the article are that legislation and rules of non-state organisations are two phenomena that often interact and compete with each other. This fact should be taken into account when drafting legislation, and the state should not try to either eliminate the rules of non-state organisations altogether or to absorb all of them into legislation.
The article also looks into the ways the legislative process may be influenced by rules formulated by non-state organisations. These include acceptance of the rules of non-state organisations, redirection to them and efforts to change them.
The conclusions drawn in the article are that legislation and rules of non-state organisations are two phenomena that often interact and compete with each other. This fact should be taken into account when drafting legislation, and the state should not try to either eliminate the rules of non-state organisations altogether or to absorb all of them into legislation.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
