Autonomous Public Bodies and the Law

Autonomous Public Bodies and the Law
Author: Stéphanie De SomeR
Publisher: Edward Elgar Publishing
Total Pages: 352
Release: 2017-05-26
Genre: Law
ISBN: 1785364685

This insightful book discusses the impact of EU law on the creation and empowerment of autonomous public bodies (APBs) at Member State level and analyzes recent attempts of European states to rationalize delegation to APBs. It examines the tensions between these trends: under what conditions can APBs be considered legitimate forms of government in the light of modern conceptions of constitutionalism, the rule of law and democracy - values that are deeply rooted in European constitutions? And to what extent do EU obligations on the independence of national regulators, data protection authorities and the like conflict with those conceptions?

Administrative Law of the European Union, Its Member States and the United States

Administrative Law of the European Union, Its Member States and the United States
Author: René Seerden
Publisher: Intersentia nv
Total Pages: 378
Release: 2002
Genre: Administrative law
ISBN: 9050952518

This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format are: 1 What is administrative law? Definitions, general administrative law versus specific areas of administrative law, general administrative law in the context of constitutional law (trias politica, federal-unitary state aspects), basic principles and the practice/evolution of administrative law etc. 2 Who is administrating? An outline of the administration (organs, agencies, individual persons etc. in specific administrative law areas) in the framework of the territorial and functional organisation of the State. 3 Which instruments are available to the administration? An overview of the available public law instruments and the possibility to use private law instruments. 4 Which (formal) rules/principles (written or unwritten) govern administrative actions? An elaboration on decision-making procedures (public participation etc.) under general administrative law and specific areas of administrative law as well as more substantive rules/principles for administrative actions/decisions: 'due process in administrative matters'. 5 Access to (administrative) courts against administrative actions/decisions. Who can go to which courts (constitutional, administrative or ordinary) and are prior out-of-court proceedings necessary? How intensive or marginal is the test (of discretionary administrative powers) by the courts and what are the possible rulings of the court (based on a remedy- system for the plaintiff or on more general powers for the courts). 6 Recent and future developments and conclusions. The final chapter offers comparative remarks by the editors.

Political Struggles and the Forging of Autonomous Government Agencies

Political Struggles and the Forging of Autonomous Government Agencies
Author: Cristopher Ballinas Valdés
Publisher: Springer
Total Pages: 268
Release: 2011-06-30
Genre: Political Science
ISBN: 0230307957

Argues that autonomous agencies are not the result of a systematic design, but are produced by the interactions of political and bureaucratic forces. The case studies illustrate how political struggles between politicians and bureaucrats can create a muddle of agencies that lack coherence and are subject to conflicting levels of political control.

Outsourcing Rulemaking Powers

Outsourcing Rulemaking Powers
Author: Cedric Jenart
Publisher: Oxford University Press
Total Pages: 321
Release: 2022-01-20
Genre: Law
ISBN: 0192652621

Within democratic states, parliaments have always been regarded as playing a pivotal role in the creation of rules. Through its composition, parliament represents the opinions and interests of society, which it serves through the legislative process. But in an increasingly globalized world, nation-states are confronted with issues that require international cooperation, expert knowledge and flexibility to resolve. Rather than taking the lead, parliaments are increasingly settling for a managerial position and have begun to outsource their rulemaking powers (and other constitutional responsibilities) rather than exercising them themselves. Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. It asks fundamental questions of its readers, such as: which powers should be outsourced? And to whom? What mechanisms are in place to guarantee the quality of the rules they make? Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors. Offering a bridge between traditional constitutional law and transnational private law, this book will be of interest to both practitioners and scholars within the global communities of comparative constitutionalism, global administrative law and transnational private law.

International Encyclopedia of Political Science

International Encyclopedia of Political Science
Author: Bertrand Badie
Publisher: SAGE Publications
Total Pages: 4511
Release: 2011-09-07
Genre: Political Science
ISBN: 1483305392

With entries from leading international scholars from around the world, this eight-volume encyclopedia offers the widest possible coverage of key areas both regionally and globally. The International Encyclopedia of Political Science provides a definitive, comprehensive picture of all aspects of political life, recognizing the theoretical and cultural pluralism of our approaches and including findings from the far corners of the world. The eight volumes cover every field of politics, from political theory and methodology to political sociology, comparative politics, public policies, and international relations. Entries are arranged in alphabetical order, and a list of entries by subject area appears in the front of each volume for ease of use. The encyclopedia contains a detailed index as well as extensive bibliographical references. Filling the need for an exhaustive overview of the empirical findings and reflections on politics, this reference resource is suited for undergraduate or graduate students who wish to be informed effectively and quickly on their field of study, for scholars seeking information on relevant research findings in their area of specialization or in related fields, and for lay readers who may lack a formal background in political science but have an interest in the field nonetheless. The International Encyclopedia of Political Science provides an essential, authoritative guide to the state of political science at the start of the 21st century and for decades to come, making it an invaluable resource for a global readership, including researchers, students, citizens, and policy makers. The encyclopedia was developed in partnership with the International Political Science Association. Key Themes: Case and Area Studies Comparative Politics, Theory, and Methods Democracy and Democratization Economics Epistemological Foundations Equality and Inequality Gender and Race/Ethnicity International Relations Local Government Peace, War, and Conflict Resolution People and Organizations Political Economy Political Parties Political Sociology Public Policy and Administration Qualitative Methods Quantitative Methods Religion

Law, Policy and Reproductive Autonomy

Law, Policy and Reproductive Autonomy
Author: Erin Nelson
Publisher: Bloomsbury Publishing
Total Pages: 448
Release: 2013-07-04
Genre: Law
ISBN: 1782251553

Reproductive choices are at once the most private and intimate decisions we make in our lives and undeniably also among the most public. Reproductive decision making takes place in a web of overlapping concerns - political and ideological, socio-economic, health and health care - all of which engage the public and involve strongly held opinions and attitudes about appropriate conduct on the part of individuals and the state. Law, Policy and Reproductive Autonomy examines the idea of reproductive autonomy, noting that in attempting to look closely at the contours of the concept, we begin to see some uncertainty about its meaning and legal implications - about how to understand reproductive autonomy and how to value it. Both mainstream and feminist literature about autonomy contribute valuable insights into the meaning and implications of reproductive autonomy. The developing feminist literature on relational autonomy provides a useful starting point for a contextualised conception of reproductive autonomy that creates the opportunity for meaningful exercise of reproductive choice. With a contextualised approach to reproductive autonomy as a backdrop, the book traces aspects of the regulation of reproduction in Canadian, English, US and Australian law and policy, arguing that not all reproductive decisions necessarily demand the same level of deference in law and policy, and making recommendations for reform.

Distributed Public Governance Agencies, Authorities and other Government Bodies

Distributed Public Governance Agencies, Authorities and other Government Bodies
Author: OECD
Publisher: OECD Publishing
Total Pages: 273
Release: 2002-11-18
Genre:
ISBN: 9264177426

Distributed Public Governance: Agencies, Authorities and other Government Bodies presents the experience of nine countries with the governance of these bodies. It also draws preliminary conclusions from the work carried out on this topic by the OECD.

Autonomy and Control of State Agencies

Autonomy and Control of State Agencies
Author: K. Verhoest
Publisher: Springer
Total Pages: 318
Release: 2010-01-29
Genre: Political Science
ISBN: 0230277276

By comparing the autonomy, control and internal management of public organizations, this book show how New Public Management doctrines work out in three small European states with different politico-administrative regimes. Using survey data on 226 state agencies, hypotheses drawing on organization theory and neo-institutional schools are tested.

Regulation in the European Electricity Sector

Regulation in the European Electricity Sector
Author: Maciej M Sokołowski
Publisher: Routledge
Total Pages: 209
Release: 2016-02-22
Genre: Business & Economics
ISBN: 1317332113

Since the very beginning of European integration, electricity has been within the legal sphere of the EU. Much of this is found within the binding European acts making up the framework of the Energy Packages. The established legal institutions have had a significant impact on the shape of the energy market in Europe. Nevertheless, the European energy market still seems to be developing, as demonstrated by the current lively discussion about the state of the Energy Union. Regulation in the European Electricity Sector delves into European energy law and reflects on some of the primary issues related to the public legal impact on the European energy sector. The book offers a brief explanation of the background operation of the electricity sector, as well as liberalisation within the area, and traces the evolution of the EU’s approach towards the issue of public law regulation within the electricity sector. Finally, the book presents an analysis of European and national laws, considering their interpretation, and explores the future of public law regulation. Aimed at giving the reader a deep insight into a nature of the state’s presence in the power sector, this book will be of great interest to students and scholars of EU energy law and policy.