Lawmaking In Multi Level Settings
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| Author | : Patricia Popelier |
| Publisher | : Nomos Verlag |
| Total Pages | : 318 |
| Release | : 2019-09-18 |
| Genre | : Law |
| ISBN | : 3748900864 |
Die Rechtsetzung ist bereits im nationalen Kontext schwer genug; in mehrstufigen Umfeldern wie den Bundesländern oder der EU ist sie jedoch noch komplizierter. Auf zentraler Ebene müssen Gesetze der Autonomie und Diversität der einzelnen Einheiten Rechnung tragen und trotzdem effektiv, kohärent, einfach und zugänglich sein. Auf der dezentralen Ebene müssen Gesetzgeber die Gesetze, die auf zentraler Ebene erarbeitet wurden, in einem festgelegten Zeitraum in ihrem eigenen Rechtsrahmen implementieren. Diese Herausforderungen werden in diesem Werk, das ausgewählte Beiträge der 2018 an der Universität Antwerpen stattgefundenen Konferenz der Internationalen Gesellschaft für Gesetzgebung enthält, diskutiert. Es befasst sich mit allen Mehrebenensystemen; ein besonderer Fokus liegt jedoch auf der EU, wo die Spannung zwischen Autonomie und Effizienz besonders offensichtlich ist. Teil I untersucht das Thema auf allgemeinster Ebene und umfasst alle Typen von Mehrebenensystemen. Teil II befasst sich mit der EU-Perspektive und Teil III mit der Perspektive der Mitgliedsstaaten. Die Autoren sind Experten in verschiedenen Disziplinen und Praktiker, was einen interdisziplinäre Herangehensweise sicherstellt.
| Author | : I. Stefuriuc |
| Publisher | : Springer |
| Total Pages | : 169 |
| Release | : 2013-04-08 |
| Genre | : Political Science |
| ISBN | : 1137300744 |
This book examines how parties negotiate coalition deals at the subnational level using the examples of Germany and Spain. In such multi-level settings, parties are present at various negotiation tables often having to make difficult choices about their role in the coalition and the relative merits of being in government over the opposition.
| Author | : Adina Akbik |
| Publisher | : Cambridge University Press |
| Total Pages | : 253 |
| Release | : 2022-02-03 |
| Genre | : Law |
| ISBN | : 1108882056 |
This book provides the first in-depth empirical study of the European Parliament's powers of scrutiny of the executive in the European Union (EU) political system, focusing on the politically salient field of the Economic and Monetary Union. The expansion of executive decision-making during the euro crisis was accompanied by an empowerment of the European Parliament through legislative oversight. This book examines how the European Parliament exercises that oversight on a day-to-day basis and thus contributes to political accountability at the EU level. Building on an innovative analytical framework for the study of parliamentary questions and answers, Adina Akbik sheds light on the European Parliament's possibilities and limitations to hold EU executive bodies accountable more generally. Case studies cover the period 2012 to 2019 and include the European Central Bank in banking supervision, the European Commission, the Eurogroup, and the Economic and Financial Affairs Council. This title is Open Access.
| Author | : Andrea Kretschmann |
| Publisher | : Taylor & Francis |
| Total Pages | : 194 |
| Release | : 2024-06-28 |
| Genre | : Law |
| ISBN | : 1040041973 |
This book contributes to a better understanding of the role laypeople hold in the social functioning of law. It adopts the scholarly insight that the law is unthinkable without an everyday legal understanding of the law pursued by laypeople. It engages with the assumption that not only the law’s existence but also its development is shaped by the layperson’s affirmations, oppositions, ignorance, or negations of the law. This volume thus aims to fill a void in socio-legal studies. Whereas many sociolegal theories tend to conceptualize the law through legal experts’ actions, institutions, procedures, and codifications, it argues that such a viewpoint underestimates the role of laypeople in the law’s processing and advocates for a strengthened conceptual place in socio-legal theory. This book will appeal to socio-legal scholars and sociologists (of law), as well as to legal practitioners and laypersons themselves.
| Author | : Cristina Dallara |
| Publisher | : Routledge |
| Total Pages | : 190 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 1317088891 |
Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.
| Author | : Henry (Chip) Carey |
| Publisher | : Springer Nature |
| Total Pages | : 308 |
| Release | : 2023-01-01 |
| Genre | : Law |
| ISBN | : 3031171691 |
This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.
| Author | : Matthew Flinders |
| Publisher | : Oxford University Press |
| Total Pages | : 801 |
| Release | : 2024-06-24 |
| Genre | : Political Science |
| ISBN | : 0198896409 |
From coping with Covid-19 through to manging climate change, from Brexit through to the barricading of Congress, from democratic disaffection to populist pressures, from historical injustices to contemporary social inequalities, and from scapegoating through to sacrificial lambs... the common thread linking each of these themes and many more is an emphasis on blame. But how do we know who or what is to blame? How do politicians engage in blame-avoidance strategies? How can blaming backfire or boomerang? Are there situations in which politicians might want to be blamed? What is the relationship between avoiding blame and claiming credit? How do developments in relation to machine learning and algorithmic governance affect blame-based assumptions? By focusing on the politics and governance of blame from a range of disciplines, perspectives, and standpoints this volume engages with all these questions and many more. Distinctive contributions include an emphasis on peacekeeping and public diplomacy, on source-credibility and anthropological explanations, on cultural bias and on expert opinions, on polarisation and (de)politicisation, and on trust and post-truth politics. With contributions from the world's leading scholars and emerging research leaders, this volume not only develops the theoretical, disciplinary, empirical, and normative boundaries of blame-based analyses but it also identifies new research agendas and asks distinctive and original questions about the politics and governance of blame.
| Author | : Regine Paul |
| Publisher | : Routledge |
| Total Pages | : 206 |
| Release | : 2021-05-11 |
| Genre | : Business & Economics |
| ISBN | : 0429638299 |
This book sets out a novel conceptual and analytical framework to explain why risk analysis, cost-benefit analysis, and similar analytical tools have gained sizeable currency in public administrations, in comparative perspective. Situated in critical interpretive policy analysis methodology, the book systematizes and innovates respective debates in three ways. First, it develops a novel typology of actors’ appreciations of analytical tools as instrumental problem-solving, legitimacy-seeking, and power-seeking. It conceptualizes the latter two as "polity policies" with actors seeking to confirm or rework decision-making structures. Second, the book theorizes how executive fragmentation and the multiplication of coordination requirements – often treated as hindrances to substantial analytical turns in an administration – nourish actors’ ideal typical appreciations of analytical tools in distinct ways. Lastly, it scrutinizes varieties of risk analysis across three risk-heavy policy domains in Germany (including the EU) and discusses the potential of risk analysis to stabilize or transform decision-making in multi-level settings. This book will be of key interest to policy analysts and risk analysts, and scholars of European politics, comparative politics, policy studies, public administration, multi-level governance, EU studies, risk analysis, policy evaluation, and the political sociology of quantification.
| Author | : Anna Szajkowska |
| Publisher | : BRILL |
| Total Pages | : 155 |
| Release | : 2023-09-04 |
| Genre | : Law |
| ISBN | : 9086867502 |
Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.
| Author | : Łucja Biel |
| Publisher | : John Benjamins Publishing Company |
| Total Pages | : 632 |
| Release | : 2023-12-15 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 9027249385 |
As a core component of legal language used to draft, enforce and practice law, legal terms have fascinated lawyers, linguists, terminologists and other scholars for centuries. Third in the series, this Handbook offers a comprehensive compendium of the current state of knowledge on legal terminology. It is the first attempt to bring together perspectives from the domains of Terminology, Translation Studies, Linguistics, Law and Information Technology in a single place. This interdisciplinary endeavour comprises systematic reviews, case studies and research papers which overview key properties of legal terms and concepts, terminological tools and resources, training aspects, as well as translation in national contexts and multilingual organizations. The Handbook attests to the complex multifaceted nature of legal terminology and showcases its cultural, communicative, cognitive and social contexts in diverse legal systems. It is a rich resource for scholars, practitioners, trainers and students, presenting vibrant research and practice in this area.
