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All Journal Law & Pass : International Journal of Law, Public Administration and Social Studies
Richard Kwadzo Doe-Dartey
University for Development Studies, Tamale, Ghana
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Between Order and Disorder: Legal Authority and Social Legitimacy in Transitional Governance Richard Kwadzo Doe-Dartey
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 1 (2026): April
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v3i1.116

Abstract

This article examines the relationship between legal authority and social legitimacy in transitional governance. Transitional societies often experience institutional fragility in which constitutional legality alone is insufficient to maintain political stability and public trust. Using a qualitative normative approach, this study analyzes how governance authority is negotiated between formal state institutions and socially embedded actors within contexts of political transition, post-conflict reconstruction, and institutional uncertainty. The findings indicate that legal authority frequently weakens when disconnected from social legitimacy, while informal governance structures may gain stronger societal recognition despite lacking formal constitutional status. The study introduces the concept of “legitimacy-fluid governance,” referring to the dynamic shift of authority between formal and informal institutions depending on political performance, public trust, and social acceptance. The article argues that sustainable transitional governance requires balancing institutional legality with inclusive participation and socially grounded legitimacy. This study contributes to governance and socio-legal scholarship by offering an interdisciplinary framework for understanding governance between order and disorder in contemporary transitional societies.
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