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Hybrid Governance Across National Jurisdictions As A Challenge To Constitutional Law
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Book Synopsis Constitutional Engagement in a Transnational Era by : Vicki Jackson
Download or read book Constitutional Engagement in a Transnational Era written by Vicki Jackson and published by Oxford University Press, USA. This book was released on 2013-05-30 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Engagement in a Transnational Era explores how transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases. In it, Vicki Jackson looks at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law.
Book Synopsis Restructuring Europe by : Stefano Bartolini
Download or read book Restructuring Europe written by Stefano Bartolini and published by Oxford University Press, USA. This book was released on 2005-10-06 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the historical configuration of the territorial borders and functional boundaries of the European nation state. It presents integration as a process of boundary transcendence, redefinition, shift, and change that fundamentally alters the nature of the European states. Its core concern lies in the relationship between the specific institutional design of the new Brussels centre, the boundary redefinitions that result from its political production, and, finally,the consequences of these two elements on established and developing national European political structures. Integration is examined as a new historical phase in the development of Europe, characterized by a powerful trend toward legal, economic, and cultural de-differentiation after the five-centuryprocess of differentiation that led to the European system of nation states.Considering the EU as the formation of an enlarged territorial system, this work recovers some of the classic issues of political modernization theory: Is the EU an attempt at state formation? Is it an attempt at centre formation without nation building? Is it a process of centre formation without democratization?This work also seeks to sharpen the conceptual tools currently available to deal with processes of territorial enlargement and unification. It develops a theoretical framework for political structuring beyond the nation state, capable of linking all aspects of EU integration (inter-governmentalism, definition of rights, the 'constitutionalization' of treaties, the tensions between the new territorial hierarchy and the nation states, etc.). The book adopts an 'holistic' approach to integration,in the form of a theory from which hypotheses can be generated (even if it is not possible to test all of its components). This theoretical framework has three principal aims: to overcome a rigid distinction between domestic politics and international relations; to link actors' orientations,interests, and motivations with macro outcomes; and to relate structural profiles with dynamic processes of change.
Book Synopsis Negotiating State and Non-State Law by : Michael A. Helfand
Download or read book Negotiating State and Non-State Law written by Michael A. Helfand and published by Cambridge University Press. This book was released on 2015-07-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.
Book Synopsis The Constitution of Private Governance by : Harm Schepel
Download or read book The Constitution of Private Governance written by Harm Schepel and published by Hart Publishing. This book was released on 2005-02 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers the first systematic treatment of European, American and international 'standards law' in the English language.
Book Synopsis New Modes of Governance in the Global System by : M. Koenig-Archibugi
Download or read book New Modes of Governance in the Global System written by M. Koenig-Archibugi and published by Springer. This book was released on 2005-11-30 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization processes are propelling a transformation of governance. As political problems become more transnational, public as well as private actors increasingly perform governance activities beyond the level of individual states. This book examines the wide variety of forms that governance can take in the global system and their consequences. An overarching analytical framework is applied to global institutions and initiatives in areas such as trade liberalization, financial market regulation, privacy protection, cybercrime, and food safety.
Book Synopsis After Public Law by : Cormac Mac Amhlaigh
Download or read book After Public Law written by Cormac Mac Amhlaigh and published by Oxford University Press, USA. This book was released on 2013-05-09 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapidly transforming legal landscape calls into question the conceptual and value structures modern concepts of public law are built upon. Examining the nature and scope of public law, this volume casts new light on the contemporary and future status of public law, asking what might come after public law in a global legal world.
Book Synopsis The Fundamentals of Global Governance by : J. Whitman
Download or read book The Fundamentals of Global Governance written by J. Whitman and published by Springer. This book was released on 2009-04-08 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: What kind of activity is global governance? What do all of the many sectoral forms of global governance – of the planetary environment, of global finance and global health – have in common? Moving beyond sector-specific studies, this book outlines the fundamentals of global governance in eight chapter-length propositions.
Book Synopsis Rough Consensus and Running Code by : Gralf-Peter Calliess
Download or read book Rough Consensus and Running Code written by Gralf-Peter Calliess and published by Bloomsbury Publishing. This book was released on 2010-05-31 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.
Book Synopsis Generating Predictability by : Christoph Engel
Download or read book Generating Predictability written by Christoph Engel and published by Cambridge University Press. This book was released on 2005-11-17 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human behaviour is infinitely complex, the result of thousands of interactions between predispositions, external factors and physical and cognitive processes. It is also highly unpredictable, which makes meaningful social engagement difficult without the aid of some external framework such as that offered by an institution. Both formal and informal institutions can provide the element of predictability necessary for successful, complex interactions, a factor which is often overlooked by institutional analysts and designers. Drawing on a wide range of disciplines including psychology, economics, and sociological and political studies, this book develops a coherent and accessible theory for explaining the unpredictability of individual behaviour. The author then highlights the danger of institutional reforms undermining the very capacity to generate predictability which is so central to their success. This book will appeal to academics, researchers and professionals in many fields including management studies, behavioural economics and the new, interdisciplinary field of institutional design.
Book Synopsis Public Policymaking by Private Organizations by : Catherine E. Rudder
Download or read book Public Policymaking by Private Organizations written by Catherine E. Rudder and published by Brookings Institution Press. This book was released on 2016-07-12 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: How private groups increasingly set public policy and regulate lives—with little public knowledge or attention. From accrediting doctors and lawyers to setting industry and professional standards, private groups establish many of the public policies in today’s advanced societies. Yet this important role of nongovernmental groups is largely ignored by those who study, teach, or report on public policy issues. Public Policymaking by Private Organizations sheds light on policymaking by private groups, which are not accountable to the general public or, often, even to governments. This book brings to life the hidden world of policymaking by providing an overview of this phenomenon and in-depth case studies in the areas of finance, food safety, and certain professions. Far from being merely self regulation or self-governance, policymaking by private groups, for good or ill, can have a substantial impact on the broader public—from ensuring the safety of our home electrical appliances to vetting the credit-worthiness of complex financial instruments in the run-up to the 2008 financial crisis. From nonprofit associations to multinational corporations, private policymaking groups are everywhere. They certify professionals as competent, establish industry regulations, and set technical and professional standards. But because their operations lack the transparency and accountability required of governmental bodies, these organizations comprise a policymaking territory that is largely unseen, unreported, uncharted, and not easily reconciled with democratic principles. Anyone concerned about how policies are made—and who makes them—should read this book.
Book Synopsis Strategies for Urban Network Learning by : Leon van den Dool
Download or read book Strategies for Urban Network Learning written by Leon van den Dool and published by Springer Nature. This book was released on 2020-05-06 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents international experiences in urban network learning. It is vital for cities to learn as it is necessary to constantly adapt and improve public performance and address complex challenges in a constantly changing environment. It is therefore highly relevant to gain more insight into how cities can learn. Cities address problems and challenges in networks of co-operation between existing and new actors, such as state actors, market players and civil society. This book presents various learning environments and methods for urban network learning, and aims to learn from experiences across the globe. How does learning take place in these urban networks? What factors and situations help or hinder these learning practices? Can we move from intuition to a strategy to improve urban network learning?
Book Synopsis Journal of Institutional and Theoretical Economics by :
Download or read book Journal of Institutional and Theoretical Economics written by and published by . This book was released on 2009 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Order from Transfer by : Günter Frankenberg
Download or read book Order from Transfer written by Günter Frankenberg and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Book Synopsis Piercing the Legal Veil by : Peer Zumbansen
Download or read book Piercing the Legal Veil written by Peer Zumbansen and published by . This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Strengthening Forensic Science in the United States by : National Research Council
Download or read book Strengthening Forensic Science in the United States written by National Research Council and published by National Academies Press. This book was released on 2009-07-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Book Synopsis Corporate Governance in the Common-Law World by : Christopher M. Bruner
Download or read book Corporate Governance in the Common-Law World written by Christopher M. Bruner and published by Cambridge University Press. This book was released on 2013-03-29 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.
Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi
Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
