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Eurolegalism
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Download or read book Eurolegalism written by R. Daniel Kelemen and published by Harvard University Press. This book was released on 2011-04-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.
Download or read book Eurolegalism written by R. Daniel Kelemen and published by Harvard University Press. This book was released on 2011-04 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.
Book Synopsis The Rules of Federalism by : R. Daniel. KELEMEN
Download or read book The Rules of Federalism written by R. Daniel. KELEMEN and published by Harvard University Press. This book was released on 2009-06-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Book Synopsis Routledge Handbook of European Politics by : José M. Magone
Download or read book Routledge Handbook of European Politics written by José M. Magone and published by Routledge. This book was released on 2014-12-17 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Treaty of the European Union was ratified in 1993, the European Union has become an important factor in an ever-increasing number of regimes of pooled sovereignty. This Handbook seeks to present a valuable guide to this new and unique system in the twenty-first century, allowing readers to obtain a better understanding of the emerging multilevel European governance system that links national polities to Europe and the global community. Adopting a pan-European approach, this Handbook brings together the work of leading international academics to cover a wide range of topics such as: the historical and theoretical background the political systems and institutions of both the EU and its individual member nations political parties and party systems political elites civil society and social movements in European politics the political economy of Europe public administration and policy-making external policies of the EU. This is an invaluable and comprehensive resource for students, scholars, researchers and practitioners of the European Union, European politics and comparative politics.
Book Synopsis The Neoliberal Republic by : Antoine Vauchez
Download or read book The Neoliberal Republic written by Antoine Vauchez and published by Cornell University Press. This book was released on 2021-01-15 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Neoliberal Republic traces the corrosive effects of the revolving door between public service and private enrichment on the French state and its ability to govern and regulate the private sector. Casting a piercing light on this circulation of influence among corporate lawyers and others in the French power elite, Antoine Vauchez and Pierre France analyze how this dynamic, a feature of all Western democracies, has developed in concert with the rise of neoliberalism over the past three decades. Based on interviews with dozens of public officials in France and a unique biographical database of more than 200 civil-servants-turned-corporate-lawyers, The Neoliberal Republic explores how the always-blurred boundary between public service and private interests has been critically compromised, enabling the transformation of the regulatory state into either an ineffectual bystander or an active collaborator in the privatization of public welfare. The cumulative effect of these developments, the authors reveal, undermines democratic citizenship and the capacity to imagine the public good.
Book Synopsis Lawyering Europe by : Antoine Vauchez
Download or read book Lawyering Europe written by Antoine Vauchez and published by Bloomsbury Publishing. This book was released on 2013-03-13 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process.
Book Synopsis Lessons from Europe? by : R. Daniel Kelemen
Download or read book Lessons from Europe? written by R. Daniel Kelemen and published by CQ Press. This book was released on 2014-02-05 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can American policymakers learn from the experiences of European democracies? While we can look to our own history and to the ideas emanating from our own public sphere, by looking abroad we can also learn lessons from European policies – from both those that have proven successful and those that have failed. The contributors in this volume examine the ways our European allies have dealt with issues such as rising healthcare and pension costs, large-scale immigration, childcare and work-life balance, and climate change, and ask whether such policies might prove effective in the U.S. context. Brief and engaging, R. Daniel Kelemen’s Lessons from Europe? What Americans Can Learn from European Public Policies is an ideal supplement for comparative public policy courses and would add a provocative comparative component to U.S. public policy courses.
Book Synopsis Standing to Enforce European Union Law before National Courts by : Hilde K Ellingsen
Download or read book Standing to Enforce European Union Law before National Courts written by Hilde K Ellingsen and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.
Book Synopsis Policymaking in Latin America by : Pablo T. Spiller
Download or read book Policymaking in Latin America written by Pablo T. Spiller and published by Inter-American Development Bank. This book was released on 2008-01-01 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: What determines the capacity of countries to design, approve and implement effective public policies? To address this question, this book builds on the results of case studies of political institutions, policymaking processes, and policy outcomes in eight Latin American countries. The result is a volume that benefits from both micro detail on the intricacies of policymaking in individual countries and a broad cross-country interdisciplinary analysis of policymaking processes in the region.
Book Synopsis The European Union after Brexit by : Scott L. Greer
Download or read book The European Union after Brexit written by Scott L. Greer and published by Manchester University Press. This book was released on 2020-04-27 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union after Brexit addresses the forces and mechanisms at work during an unprecedented transformation of the European polity. How will the EU operate without one of its key diplomatic and international military partners? What will happen to its priorities, internal balance(s) of power and legislation without the reliably liberal and Eurosceptic United Kingdom? In general, what happens when an 'ever closer union' founded on a virtuous circle of economic, social, and political integration is called into question? Though this volume is largely positive about the future of the EU after Brexit, it suggests that the process of European integration has gone into reverse, with Brexit coming amidst a series of developments that have disrupted the optimistic trajectory of integration. Covering topics such as international trade, freedom of movement, and security relations, this book answers a need for a one-stop source of strong research-based discussions of Brexit.
Download or read book The New Despotism written by John Keane and published by Harvard University Press. This book was released on 2020-05-12 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Australian Book Review Best Book of the Year A disturbing in-depth exposé of the antidemocratic practices of despotic governments now sweeping the world. One day they’ll be like us. That was once the West’s complacent and self-regarding assumption about countries emerging from poverty, imperial rule, or communism. But many have hardened into something very different from liberal democracy: what the eminent political thinker John Keane describes as a new form of despotism. And one day, he warns, we may be more like them. Drawing on extensive travels, interviews, and a lifetime of thinking about democracy and its enemies, Keane shows how governments from Russia and China through Central Asia to the Middle East and Europe have mastered a formidable combination of political tools that threaten the established ideals and practices of power-sharing democracy. They mobilize the rhetoric of democracy and win public support for workable forms of government based on patronage, dark money, steady economic growth, sophisticated media controls, strangled judiciaries, dragnet surveillance, and selective violence against their opponents. Casting doubt on such fashionable terms as dictatorship, autocracy, fascism, and authoritarianism, Keane makes a case for retrieving and refurbishing the old term “despotism” to make sense of how these regimes function and endure. He shows how they cooperate regionally and globally and draw strength from each other’s resources while breeding global anxieties and threatening the values and institutions of democracy. Like Montesquieu in the eighteenth century, Keane stresses the willing complicity of comfortable citizens in all these trends. And, like Montesquieu, he worries that the practices of despotism are closer to home than we care to admit.
Book Synopsis Varieties of Legal Order by : Thomas F. Burke
Download or read book Varieties of Legal Order written by Thomas F. Burke and published by Routledge. This book was released on 2017-08-14 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan’s concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, “Eurolegalism,” Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which “law on the books” shapes social life. Like Kagan’s scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.
Book Synopsis Republics and Kingdoms Compared by : Aurelio Lippo Brandolini
Download or read book Republics and Kingdoms Compared written by Aurelio Lippo Brandolini and published by Harvard University Press. This book was released on 2009 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Socratic dialogue set in the court of King Mattias Corvinus of Hungary (the book was written ca. 1490), the work depicts a debate between the king himself and a Florentine merchant. This is the first critical edition and the first translation into any language. --publisher's description.
Book Synopsis Social policy in the European Union: state of play 2015 by : David Natali (OSE)
Download or read book Social policy in the European Union: state of play 2015 written by David Natali (OSE) and published by ETUI. This book was released on 2015-09-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixteenth edition of Social policy in the European Union: state of play has a triple ambition. First, it provides easily accessible information to a wide audience about recent developments in both EU and domestic social policymaking. Second, the volume provides a more analytical reading, embedding the key developments of the year 2014 in the most recent academic discourses. Third, the forward-looking perspective of the book aims to provide stakeholders and policymakers with specific tools that allow them to discern new opportunities to influence policymaking. In this 2015 edition of Social policy in the European Union: state of play, the authors tackle the topics of the state of EU politics after the parliamentary elections, the socialisation of the European Semester, methods of political protest, the Juncker investment plan, the EU’s contradictory education investment, the EU’s contested influence on national healthcare reforms, and the neoliberal Trojan Horse of the Transatlantic Trade and Investment Partnership (TTIP).
Book Synopsis Adversarial Legalism by : Robert A. KAGAN
Download or read book Adversarial Legalism written by Robert A. KAGAN and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Book Synopsis The Oxford Handbook of Law and Politics by : Keith E. Whittington
Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-11 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Download or read book Lighting the Way written by Douglas Rice and published by University of Virginia Press. This book was released on 2020-03-03 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do our federal courts, including the Supreme Court, lead or merely implement public policy? This is a critical question in the study and practice of law, with a long history of continued dispute and contradictory evidence. In Lighting the Way, Douglas Rice systematically examines both sides of this debate. Introducing compelling new data on the policy focuses of federal courts, Rice presents the first long-term, comprehensive consideration of the judicial agenda. In doing so, he details the essential role of the Supreme Court and other federal courts in directing attention to issues in American politics through influential relationships with Congress, the presidency, and the public. The dynamics Rice illustrates grow from the strengths of political constituencies in various policy areas and the constitutional powers accorded to the courts. Lighting the Way provides strong evidence that, as long argued but never empirically demonstrated, the courts systematically lead the attention of other institutions on civil rights. The research speaks to a broad and growing literature in political science and sociolegal research on the interactive nature of policymaking and the critical role of legal institutions and social movements in shaping policy agendas.
