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Public participation in artificial intelligence (AI) development by public administrations is increasingly proposed as a potential silver bullet for mitigating the risks associated with the use of AI in the public sector. This paper examines whether public participation can serve as a viable solution from a doctrinal and practical perspective by analyzing the availability of legal avenues for natural and legal persons to participate in AI development procedures by the EU and member states’ public entities. While the idea is appealing, there are significant obstacles. Notably, EU law currently lacks specific legal frameworks to enable public involvement in the design and development of AI systems by public entities. Neither traditional European administrative law nor the new Artificial Intelligence Act provides effective legal avenues for involving the broader public in AI development in the public sector, posing challenges to implementing meaningful participation. Furthermore, drawing an analogy from environmental law, where public participation often ends up being formalistic and ineffective, suggests that similar outcomes might arise in the context of Public-Sector AI development. Therefore, despite the theoretical advantages of involving the public, this paper argues that, without robust legal structures and meaningful procedural designs, public participation in Public-Sector AI development may ultimately fall short of achieving its promises, proving to be a dead end.
The Constitution of Uganda does not expressly provide for citizens’ right to participate in law-making processes. However, it can be inferred from the National Objectives and Directive Principles of State Policy and Article 38(1) of the Constitution. The drafting history of Article 38 shows that Ugandans are expected to participate in all affairs of government. In Male Mabirizi and Others v Attorney-General and Others, Supreme Court judges invoked foreign case law to interpret Article 38 as requiring meaningful public participation in the law-making process; however, in Hon. Fox Odoi and Others v Attorney-General and Others, it was held that those criteria were not applicable. I argue that the Constitutional Court erred in this, and that the process followed to pass the Uganda Peoples’ Defence Forces (Amendment) Act (2025) did not meet the criteria of meaningful participation. It was also contrary to the practice adopted by Parliament in processing other bills.
The public local inquiry in the planning system is expected to facilitate public participation in environmental decision-making. Public participation in environmental decision-making has the aim of enhancing environmental democracy, making better decisions and improving environmental protection. This paper argues that, despite the long history of participation in the planning system, public local inquiries in their present state are limited in their capacity to facilitate public participation. It contends that the public participation responsibilities of the public local inquiry are hampered by its adversarial procedures. Planning scholars have argued that the formal, adversarial nature of the public local inquiry makes it difficult for people with little legal experience to participate, thus acting as an obstacle to public participation and good decision-making. Drawing on inquiry case law and scholarship, this paper investigates the multiple purposes of the inquiry and how tensions between these purposes have been interpreted by the courts. In exploring the reasons for these conflicts, the paper provides an opportunity to refine the system to facilitate public participation and to ensure that the public local inquiry is fair to its participants and serves the democratic purpose it is expected to meet.
CONTEXTperts (Context and Topic Experts) bring real-world experience in the context of the study topic and setting to enhance research team expertise, capacity, and creativity. They complement but do not replace authentic patient and community engagement, professional consultants, or formal advisory boards. Individual CONTEXTpert consultations or group meetings can help improve research questions, study designs, implementation plans, dissemination, and application of findings. They have added value to a variety of projects with varied research methods and study designs, including research with and without patient or community involvement. CONTEXTperts can bring vision, challenge, and reality checks to a variety of research teams with a practical, affordable model.
Poor air quality has been affecting the Chinese people for many years due to the country’s speedy industrialization and urbanization. However, very few initiatives had been taken by civil society until 2011. The air pollution campaign between October 2011 and March 2012 initiated on a Chinese microblogging website, mobilized millions of citizens and effected policy change. It is often seen as a milestone in the chronology of public participation in China. Using process tracing, participant observations, framing analysis and in-depth interviews, the article analyses this campaign by revealing its major actors and frames mobilizing issue entrepreneurs and environmental publics. Our analysis generates two findings: first, microblogging platforms can greatly expand the networks of Chinese environmental activists by involving public figures and governmental agencies; second, the frame which links air pollution to health and appreciates governmental efforts is critical to the success of civic participation in China’s environmental governance.
Alternative forms of political participation that place little emphasis on traditional representative forms of democracy are becoming more prevalent. Typifying the shift from government to governance, forest certification provides important opportunities for political participation with local, national, and global influence. Using Pippa Norris's three dimensions of political participation—agencies, repertoires, and targets—this article explores political participation within the practice of forest certification. The article highlights how traditional and alternative forms of political participation do not act as a dualism and instead occur simultaneously in practice due to historical, spatial, and practical influences.
This study examines the anti-incinerator protest in Guangzhou in China. It uses the advocacy coalition framework to analyze the dynamics between Guangzhou Municipal Government and the protesters. The research covers the establishment of a Public Consultative and Supervision Committee for Urban Waste Management in Guangzhou, a public consultative mechanism for waste management, which is a new development in the policy-making process in socialist China. The ultimate plan will be to demonstrate how policy adjustment is not determined solely by the outcome of protests but is also affected by both a decentralized political structure and the socio-cultural foundation. Consequently, the discussion also explores the gradual transformation of public participation in China’s environmental policy.
The OPTN routinely secures public comment on its proposals. The public generally consists of organ transplantation practitioners, individual patients, and organizations representing patients with transplant-relevant diseases. Thus, it might be better labeled “community participation.” Community participation occurs within the organ-specific committees that lead on the development of allocation rules as well as through interaction with committees with crosscutting portfolios, such as those considering patient and minority interests, and regional meetings. Committees issue white papers, progress reports, and proposals for community comment. Particularly with respect to proposals, committees respond to community comments in their submission of final proposals to the Board of Directors. For the CD initiative, the OPTN also sought community input from analytical hierarchy process (AHP) exercises at both the committee and community level. Information from the AHP had some influence in the development of the CD proposal for lungs. More generally, its value was in providing a focus for eliciting more participation and obtaining more focused qualitative comments.
This article explores a continuum of environmental participation, from formalized participation in decision-making processes, protected by law, at one end, to protest on the streets, criminalized by law, at the other. Participation across this continuum is partially constituted, but also constrained, by law. We share and extend Brian Wynne’s evocative language of ‘uninvited’ participation to describe the contributions that fall outside institutionalized participation, so that our continuum is composed of ‘invited participation’, ‘uninvited participation’, and ‘forbidden participation’. Focusing especially on those states where liberal democracy is thought to be most secure, this article looks across the interconnections between different categories of environmental participation, highlighting the breadth and intensity of the shrinking of civic space in Europe, and the role of law in that.
Dealing with cumulative environmental problems unavoidably requires repeated interactions (coordination) among multiple and often many actors relevant to the other three CIRCle functions (conceptualization, information, and regulatory intervention). Coordination can promote effective approaches, avoid policy drift, and resolve disputes. Key actors may include multiple agencies and levels of government, quasi-governmental organizations, supranational and international institutions, and nongovernmental organizations representing stakeholders of different kinds. Rules can help overcome significant cost, time, and political disincentives to establishing and maintaining coordination. Two broad types of formal rules for coordination emerge in mechanisms for coordinating conceptualization, information, and intervention: those that establish an institution, and those that provide for interaction in other ways, such as duties to notify or cooperate or undertake joint planning. Legal mechanisms can also expressly provide for dealing with policy drift and resolving disputes between regulatory actors. Real-world examples are provided of legal mechanisms to support these forms of coordination.
Chapter 2 explores the constitutive elements of global environmental governance. International environmental governance works when states fulfill the commitments they undertake under international law, such as the obligation to exchange information on transboundary environmental risks and impacts and the duty to notify and consult with other states with regard to such risks and impacts. Mechanisms of global environmental governance include also environmental impact assessments and strategic impact assessments. The chapter examines, furthermore, how the monitoring, control, and surveillance (MCS) of compliance with international environmental obligations has been modernized by the wide application of technologies. It explores whether green democracy has become a universal aspirational principle, and how the system for the protection of human rights has been used as a tool for the protection of the environment, lending support to the emergence of a right to a healthy environment. Whether nature, as a legal entity, should be accorded rights and have a say on the development plans of states is also analyzed.
The Citizen Initiative (CI) in the context of the legislative process is now a common mechanism in different parts of Europe and Latin America. However, it is rarely used as a participatory formula in constitution-making processes. This article documents the case of the CI (Iniciativas Populares de Norma) in Chile’s two failed constitution-making processes between 2021 and 2023, during which more than a million people actively participated in its formulation. The Chilean case matters for comparative constitutional studies due to its innovative use of technology to advance forms of digital democracy and the demonstrable impact of the CI standards on both constitutional proposals, which were ultimately rejected in the final national referendums. We argue that despite these rejections, the CI as a participatory mechanism is likely to endure over time and in future constitution-making processes. The article provides a detailed study of the Chilean experience and seeks to draw lessons for other countries’ attempts at participatory constitutional reform.
Dispute settlement is at the heart of trade agreements in the twenty-first century. As rules have proliferated, the importance of enforcement has likewise grown. In the late 1990s and early 2000s, the focus in trade agreements was state-to-state dispute settlement where one state would bring an action against another for the latter’s breach of the agreement. In recent years, however, the role and design of dispute settlement mechanisms have begun to evolve. This chapter examines that evolution and its future direction. It begins by reviewing recent innovations and the disputes that have arisen under those mechanisms. Next, it studies how these trends have highlighted additional areas for study in the areas of procedures, institutions, and remedies. Finally, the chapter turns to the purpose of dispute settlement mechanisms in trade agreements and argues that the future of dispute settlement is multipurpose and multi-optional.
This article seeks to understand the evolving democratic legitimacy demands of the United Nations Framework Convention on Climate Change (UNFCCC) by reflecting on the challenges of catering to a globally affected public and enhanced participation opportunities given to some highly affected groups. It argues that the principle of democratic equality at a global scale fails to take account of inequities in affectedness and power within the demos and, instead, an approach that strives towards a principle of proportionality based on degrees of affectedness could enhance the UNFCCC’s democratic legitimacy. This builds on existing scholarship identifying a turn to an affectedness paradigm in international institutions more generally and the emerging influence of affected peoples organisations, characterised by the more direct forms of representation they facilitate and emphasis placed on the affectedness of their constituents to claim recognition and influence. The normative appeal of giving enhanced participatory opportunities to those most affected by climate governance is weighed against its challenges and risks. It is concluded that, despite conceptual and practical difficulties connected to the subjective nature of affectedness, a pragmatic approach that treats such a proportionality principle as a democratic ideal to be strived towards could have a legitimising effect on the UNFCCC.
As underlined by the EU`s Hydrogen Strategy for a Climate Neutral Europe and the REPowerEU programme, the development of a hydrogen economy is considered of strategic importance for the achievement of the EU Climate goals by both the EU and several of its Member States. As for any socio-technical transition, the development of the hydrogen economy requires careful policy and regulatory drafting, as well as the concrete implementation of projects affecting the living environment of people. Public participation is mandated under international, European and national law to ensure that the hydrogen economy best fits within the environmental and societal needs of the interested regions. This chapter uses the first fully fledged hydrogen valley in Europe as a case study to map the participatory requirements that should be applied in the development of a hydrogen economy and to show how these requirements have not been (fully) respected so far. In doing so, the chapter will provide data for comparative purposes and for the further development of the conceptual and applied frameworks for the hydrogen economy.
This chapter examines practical forms of citizen engagement occurring in collective problem-solving efforts such as civic enterprises, grassroots initiatives, and self-help groups. Drawing empirical evidence from diverse policy fields, it articulates the distinct experimental and disruptive policy work that citizens enact in these citizens’ governance spaces and challenges dominant interpretations that view them as either a testament to the capacity of citizens to effectively solve complex public problems or a symptom of advanced neoliberalism where states off-load complex problems onto citizens. The chapter moves beyond this dualism to consider the motivations, challenges, available resources, and distinct democratic work enacted by citizens in these spaces of bottom-up governance. It also discusses issues of growth and sustainability over time as well as the implications posed for conventional state and civil society institutions. Citizens’ governance spaces offer important lessons – in terms of both potential benefits and risks – for the project of deepening the quality and reach of citizen participation in modern democratic systems.
This article examines the interplay between traditional leaders, democratically elected leaders and succession in Makapanstad Village, North West Province, South Africa. The article stems from community-based participatory action research conducted in Makapanstad in 2018. The article uses research data, in the form of community dialogue, together with desktop literature on the same subject. The article analyses the significance and role of traditional leadership in a democratic South Africa. It considers traditional leadership and democratically elected leadership in conjunction with succession and the demarcation of roles and responsibilities. The article analyses participants’ views to explore the form of leadership preferred by the residents of Makapanstad. It argues that, despite the recognition of traditional leadership in South Africa's Constitution, the roles and responsibilities of traditional leaders in local and provincial arms of government are limited, in contrast to those of democratically elected leaders.
The Escazú Agreement has brought a myriad of environmental rights and duties to Latin America and the Caribbean (LAC), including the recognition of a right to a healthy environment and rights of environmental defenders. As a new agreement, the task of implementing the Escazú Agreement still lies ahead. Significantly, a non-judicial, non-punitive, consultative and transparent Committee to support Implementation and Compliance was established as a subsidiary body of the Conference of the Parties to promote implementation. Concomitantly, the Inter-American Court of Human Rights recognised an autonomous right to a healthy environment, establishing it as directly justiciable within the Inter-American System of Human Rights (IASHR). This chapter draws on comparative law to understand the non-compliance and judicial mechanisms available under the IASHR and Escazú, with an especial focus on the right to a healthy environment. Given the broad reach of the regional recognition available in LAC, what are the best mechanisms to use the right to prevent environmental harm? And how does this broad endeavour relate to the need to ensure that parties comply with the Escazú Agreement?
Edited by
Richard Williams, University of South Wales,Verity Kemp, Independent Health Emergency Planning Consultant,Keith Porter, University of Birmingham,Tim Healing, Worshipful Society of Apothecaries of London,John Drury, University of Sussex
This chapter summarises how understandings of the role of the public in emergencies have changed over time. It proceeds to outline a conceptual framework, the social identity approach, that has proved fruitful for understanding how the public responds during these events. The focus here is on behaviour. However, social identity processes also have implications for mental health. The chapter explains these connections and points to the other chapters that elaborate on these arguments, with empirical examples.
While patient participation in individual health technology assessments (HTAs) has been frequently described in the literature, patient and citizen participation at the organizational level is less described and may be less understood and practiced in HTA bodies. We aimed to better understand its use by describing current practice.
Method
To elicit descriptive case studies and insights we conducted semi-structured interviews and open-ended questionnaires with HTA body staff and patients and citizens participating at the organizational level in Belgium, France, Quebec, Scotland, and Wales.
Results
We identified examples of organizational participation in managerial aspects: governance, defining patient involvement processes, evaluation processes and methods, and capacity building. Mechanisms included consultation, collaboration, and membership of standing (permanent) groups. These were sometimes combined. Participants were usually from umbrella patient organizations and patient associations, as well as individual patients and citizens.
Discussion
Although the concept, participation at the organizational level, is not well-established, we observed a trend toward growth in each jurisdiction. Some goals were shared for this participation, but HTA bodies focused more on instrumental goals, especially improving participation in HTAs, while patients and citizens were more likely to offer democratic and developmental goals beyond improving participation processes.
Conclusion
Our findings provide rationales for organizational-level participation from the perspectives of HTA bodies and patients. The case studies provide insights into how to involve participants and who may be seen as legitimate participants. These findings may be useful to HTA bodies, the patient sector, and communities when devising an organizational-level participation framework.