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Table 1 Levels as action situations where legal acts are performed upon power-conferring-rules

From: Smart design rules for smart grids: analysing local smart grid development through an empirico-legal institutional lens

Levels as action situations where legal acts are performed upon power-conferring-rules

Level of action situation

Interaction

Rules structuring the AS (for interaction)

Operational situation (OS)

Performance of factual activities, e.g.:

OS-RiUs following RoCs with ‘deeper origin’ (CCS) involving prohibitions, commands, permissions and dispensations (and freedoms)

• establish smart grid

• manage a neighbourhood cooperative

Outcomes of CCS

⬆CCS-made RoCs for OS use⬆

Collective choice situation (CCS)

Introducing, altering, terminating (only) RoCs, e.g.:

CCS-RiUs following CS-made RoPs (with positions and conditions) about:

• contracting between OS participants (first party regulation)

• how to make/change RoCs at CCS, for OS-RiUs

• permitting/subsidizing by non-OS-participants (second party)

• co-regulating formal or substantive standards for OS interactions

Outcomes of CS

⬆ CS-made RoPs for CCS use ⬆

Constitutional situations (CS)

Making, altering, terminating RiF, e.g.:

CS-RiUs following MS-made RoPs (with positions and conditions) about how to make/change RoPs at CS, for RiUs at CCS

• (RoP for CCS) Civil Law Code; Electricity act;

• (RoP for CCS) as meta-regulation for private rules on products/services

Outcomes of MS

⬆ MS-made CS-RoPs ⬆

Metaconstitutional situations (MS)

Making, altering, terminating RiF, e.g.

MS-RiU following RoR when to make RiF

• constitutions and bills of rights

• conventions, custom

  1. AS action situation, RiU rules-in-use, RoC rules of conduct, RoP rules of power, RiF rules-in-form (RoC and/or RoP), RoR rule of recognition