Democratic Legitimacy and Executive Rule-making: Positive Political Theory in Comparative Public Law This paper builds on material in S Rose-Ackerman , S Egidy and J Fowkes , ‘The Law of Lawmaking: Positive Political Theory in Comparative Public Law’ in F Bignami and D Zaring (eds), Comparative Administrative Law and Regulation ( Cheltenham , Edward Elgar Publishing, 2015) and on: S Rose-Ackerman , S Egidy and J Fowkes , Due Process of Lawmaking : The United States, South Africa, and the European Union ( Cambridge , Cambridge University Press, 2015) . My discussion of Germany and South Africa draws heavily on the work of my co-authors.

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