adjudicating new governance deliberative democracy in the european union

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Adjudicating New Governance

Author : Emilia Korkea-aho
ISBN : 9781317658306
Genre : Law
File Size : 22. 76 MB
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This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally – and political experimentation more broadly – weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of ‘soft law’, participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.

The Enforcement Of Eu Law And Values

Author : András Jakab
ISBN : 9780191063510
Genre : Law
File Size : 42. 11 MB
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It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

Private Law In The External Relations Of The Eu

Author : Marise Cremona
ISBN : 9780198744566
Genre : Civil law
File Size : 80. 98 MB
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Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.

The European Union And The Public Sphere

Author : John Erik Fossum
ISBN : 9781134174621
Genre : Political Science
File Size : 77. 48 MB
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The European Union is often attacked for its ‘democratic deficit’, namely its deficiencies in representation, transparency and accountability, as well as its lack of popular support. Can these shortcomings be counteracted by the development of a viable European public sphere? This book assesses the possible formation of a communicative space that might enable and engender the creation of a transnational or a supranational public. The contributors consider the EU’s democratic credentials and how well it communicates, and they also evaluate the major institutions and their links to general publics. The European Union and the Public Sphere emphasizes a ‘deliberative democratic’ perspective on the public sphere, addressing some key questions: • What are the prospects for a European public sphere? • Should we think in terms of the EU having a single public sphere, or are overlapping public spheres a more viable option? • What do this book’s findings on the question of the public sphere tell us about the EU as a political entity? Students and scholars of European democracy, political communication, and the politics of institutions will all be greatly interested by this book.

Deliberative Democracy In America

Author : Ethan J. Leib
ISBN : 0271045299
Genre : Political Science
File Size : 42. 74 MB
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We are taught in civics class that the Constitution provides for three basic branches of government: executive, judicial, and legislative. While the President and Congress as elected by popular vote are representative, can they really reflect accurately the will and sentiment of the populace? Or do money and power dominate everyday politics to the detriment of true self-governance? Is there a way to put &"We the people&" back into government? Ethan Leib thinks there is and offers this blueprint for a fourth branch of government as a way of giving the people a voice of their own. While drawing on the rich theoretical literature about deliberative democracy, Leib concentrates on designing an institutional scheme for embedding deliberation in the practice of American democratic government. At the heart of his scheme is a process for the adjudication of issues of public policy by assemblies of randomly selected citizens convened to debate and vote on the issues, resulting in the enactment of laws subject both to judicial review and to possible veto by the executive and legislative branches. The &"popular&" branch would fulfill a purpose similar to the ballot initiative and referendum but avoid the shortcomings associated with those forms of direct democracy. Leib takes special pains to show how this new branch would be integrated with the already existing governmental and political institutions of our society, including administrative agencies and political parties, and would thus complement rather than supplant them.

The Sage Handbook Of European Union Politics

Author : Knud Erik Jørgensen
ISBN : 9781446206492
Genre : Political Science
File Size : 78. 14 MB
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'This volume is one to which anyone trying to make sense of the EU of the early 21st century will return again and again. A terrific line-up that combines diverse talents from North America and Europe. Few books of this kind could live up to the billing 'definitive benchmark', but this one certainly does' - John Peterson, University of Edinburgh 'A most useful book that can be highly recommended. A strong analytical framework coupled with unparalleled coverage of the major issues of the political science research of the EU makes this volume a formidable tool for teaching and a significant input to new scholarly research. It is both relatively sophisticated and very accessible to graduate students and advanced researchers. The clear writing style and the richness of information presented will certainly make this book interesting for non-academic readers' - Igor Vidacak, Institute for International Relations, Zagreb - Journal of Common Market Studies 'An admirably comprehensive source book for those interested in how the tools of political science inspire EU area studies. The editors enlist leading researchers to synthesize the state of the art in their field of expertise. The Handbook of European Union Politics will be an indispensable intellectual resource for researchers, teachers, and graduate students of the European Union' - Liesbet Hooghe, University of North Carolina at Chapel Hill, USA 'Presents an excellent overview of political science research on the EU. It finds the right balance between establishing the state of the art and pointing the reader to theoretical diversity. Highly recommended for advanced students and scholars looking for quick and solid orientation in a fragmented field - and for new ideas for research' - Frank Schimmelfennig, ETH Zurich, Switzerland 'This is a milestone in the study of EU politics. The authors include the most knowledgeable practitioners in the field, and collectively they provide a comprehensive and highly competent overview of the state of theory and research on EU institutions, politics and policies' - Fritz Scharpf, Max Planck Institute for the Study of Societies, Germany The European Union (EU) poses quite profound questions for scholars and students of the social and political sciences. This benchmark handbook is designed to: - provide an authoritative state-of-the art guide to the scope of the field suitable for both established scholars and students of the EU - reflect and contribute to the debates about the nature of the field of EU studies and EU politics in particular - explore in detail the development of the many approaches to the study of EU politics. Divided into four sections, the Handbook focuses on theorizing European integration; the EU as polity; politics and policy making in the EU; and the EU and the international system. Its appeal will reside not only in its comprehensive and authoritative coverage of the field, but also in the quality of its contributors, and the diversity of theoretical and methodological approaches included. The resulting volume is a 'must have' for all scholars and advanced students of the EU and European integration.

Debating The Democratic Legitimacy Of The European Union

Author : Beate Kohler-Koch
ISBN : 0742554910
Genre : Political Science
File Size : 69. 13 MB
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The discussion about a constitution for the European Union and its rejection by referendum in two of the EU founding member states has once again spurred public and scholarly interest in the democratic quality and potential of the European Union. Debating the Democratic Legitimacy of the European Union brings together distinguished thinkers from law, political science, sociology, and political philosophy to explore the potential for democratically legitimate governance in the European Union. Drawing on different theoretical perspectives and strands from democratic theory, this volume is the best resource for students and readers who are interested in democracy in the European Union.

Legal Method

Author : Hanson
ISBN : 9781843140610
Genre : Law
File Size : 58. 79 MB
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Associative Democracy

Author : Paul Hirst
ISBN : 9780745677484
Genre : Political Science
File Size : 21. 32 MB
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In this book Paul Hirst makes a major contribution to democratic thinking, advocating "associative democracy"; the belief that human welfare and liberty are best served when as many of the affairs of society as possible are managed by voluntary and democratically self-governing associations.

The Deliberative Practitioner

Author : John Forester
ISBN : 0262561220
Genre : Business & Economics
File Size : 69. 44 MB
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Citizen participation in such complex issues as the quality of the environment, neighborhood housing, urban design, and economic development often brings with it suspicion of government, anger between stakeholders, and power plays by many -- as well as appeals to rational argument. Deliberative planning practice in these contexts takes political vision and pragmatic skill. Working from the accounts of practitioners in urban and rural settings, North and South, John Forester shows how skillful deliberative practices can facilitate practical and timely participatory planning processes. In so doing, he provides a window onto the wider world of democratic governance, participation, and practical decision-making. Integrating interpretation and theoretical insight with diverse accounts of practice, Forester draws on political science, law, philosophy, literature, and planning to explore the challenges and possibilities of deliberative practice.

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