Adjudicating New Governance PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Adjudicating New Governance PDF full book. Access full book title Adjudicating New Governance by Emilia Korkea-aho. Download full books in PDF and EPUB format.
Author: Emilia Korkea-aho
Publisher: Routledge
ISBN: 1317658299
Category : Law
Languages : en
Pages : 290
Get Book Here
Book Description
This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally – and political experimentation more broadly – weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of ‘soft law’, participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.
Author: Emilia Korkea-aho
Publisher: Routledge
ISBN: 1317658299
Category : Law
Languages : en
Pages : 290
Get Book Here
Book Description
This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally – and political experimentation more broadly – weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of ‘soft law’, participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.
Author: Emilia Korkea-aho
Publisher: Routledge
ISBN: 1317658302
Category : Law
Languages : en
Pages : 267
Get Book Here
Book Description
This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally – and political experimentation more broadly – weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of ‘soft law’, participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.
Author: Chad Vickery
Publisher: IFES
ISBN: 1931459622
Category : Contested elections
Languages : en
Pages : 356
Get Book Here
Book Description
Author: William C. G. Burns
Publisher: Cambridge University Press
ISBN: 1139480898
Category : Law
Languages : en
Pages : 413
Get Book Here
Book Description
Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.
Author: George Letsas
Publisher: Current Legal Problems
ISBN: 0199602581
Category : Law
Languages : en
Pages : 695
Get Book Here
Book Description
This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more.
Author: Augusto Lopez-Claros
Publisher: Cambridge University Press
ISBN: 1108476961
Category : Law
Languages : en
Pages : 561
Get Book Here
Book Description
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Author: Stavros Zouridis
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283480235
Category : Law
Languages : en
Pages : 175
Get Book Here
Book Description
Author: Ignacio de la Rasilla
Publisher: Cambridge University Press
ISBN: 1108474942
Category : Law
Languages : en
Pages : 341
Get Book Here
Book Description
Examines many seminal experiments in international adjudication and the origins of several major existing international courts.
Author: Emma S. Norman
Publisher: Routledge
ISBN: 1317089162
Category : Nature
Languages : en
Pages : 350
Get Book Here
Book Description
Those who control water, hold power. Complicating matters, water is a flow resource; constantly changing states between liquid, solid, and gas, being incorporated into living and non-living things and crossing boundaries of all kinds. As a result, water governance has much to do with the question of boundaries and scale: who is in and who is out of decision-making structures? Which of the many boundaries that water crosses should be used for decision-making related to its governance? Recently, efforts to understand the relationship between water and political boundaries have come to the fore of water governance debates: how and why does water governance fragment across sectors and governmental departments? How can we govern shared waters more effectively? How do politics and power play out in water governance? This book brings together and connects the work of scholars to engage with such questions. The introduction of scalar debates into water governance discussions is a significant advancement of both governance studies and scalar theory: decision-making with respect to water is often, implicitly, a decision about scale and its related politics. When water managers or scholars explore municipal water service delivery systems, argue that integrated approaches to salmon stewardship are critical to their survival, query the damming of a river to provide power to another region and investigate access to potable water - they are deliberating the politics of scale. Accessible, engaging, and informative, the volume offers an overview and advancement of both scalar and governance studies while examining practical solutions to the challenges of water governance.
Author: Agency for Healthcare Research and Quality/AHRQ
Publisher: Government Printing Office
ISBN: 1587634333
Category : Medical
Languages : en
Pages : 396
Get Book Here
Book Description
This User’s Guide is intended to support the design, implementation, analysis, interpretation, and quality evaluation of registries created to increase understanding of patient outcomes. For the purposes of this guide, a patient registry is an organized system that uses observational study methods to collect uniform data (clinical and other) to evaluate specified outcomes for a population defined by a particular disease, condition, or exposure, and that serves one or more predetermined scientific, clinical, or policy purposes. A registry database is a file (or files) derived from the registry. Although registries can serve many purposes, this guide focuses on registries created for one or more of the following purposes: to describe the natural history of disease, to determine clinical effectiveness or cost-effectiveness of health care products and services, to measure or monitor safety and harm, and/or to measure quality of care. Registries are classified according to how their populations are defined. For example, product registries include patients who have been exposed to biopharmaceutical products or medical devices. Health services registries consist of patients who have had a common procedure, clinical encounter, or hospitalization. Disease or condition registries are defined by patients having the same diagnosis, such as cystic fibrosis or heart failure. The User’s Guide was created by researchers affiliated with AHRQ’s Effective Health Care Program, particularly those who participated in AHRQ’s DEcIDE (Developing Evidence to Inform Decisions About Effectiveness) program. Chapters were subject to multiple internal and external independent reviews.
