Democracy, Law and Governance

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Release : 2013-02-28
Genre : Law
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Book Rating : 127/5 ( reviews)

Democracy, Law and Governance - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Democracy, Law and Governance write by Professor Jacques Lenoble. This book was released on 2013-02-28. Democracy, Law and Governance available in PDF, EPUB and Kindle. Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Democracy, Law and Governance

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Release : 2016-05-13
Genre : Law
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Book Rating : 030/5 ( reviews)

Democracy, Law and Governance - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Democracy, Law and Governance write by Jacques Lenoble. This book was released on 2016-05-13. Democracy, Law and Governance available in PDF, EPUB and Kindle. Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Democratic Governance and International Law

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Release : 2000-05-11
Genre : Law
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Book Rating : 968/5 ( reviews)

Democratic Governance and International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Democratic Governance and International Law write by Gregory H. Fox. This book was released on 2000-05-11. Democratic Governance and International Law available in PDF, EPUB and Kindle. PART V CRITICAL APPROACHES.

Limits Of Law

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Release : 2018-03-08
Genre : Political Science
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Book Rating : 73X/5 ( reviews)

Limits Of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Limits Of Law write by Peter Schuck. This book was released on 2018-03-08. Limits Of Law available in PDF, EPUB and Kindle. Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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Release : 2019-05-29
Genre : Law
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Book Rating : 732/5 ( reviews)

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law write by Anneli Albi. This book was released on 2019-05-29. National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law available in PDF, EPUB and Kindle. 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.