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Law and New Governance in the EU and the US: Essays in European Law

Editat de Gráinne de Búrca, Joanne Scott
en Limba Engleză Paperback – 25 apr 2006
New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies. In the US, scholarship on issues such as collaborative problem-solving, democratic experimentalism, and problem-solving courts exemplify the interest in similar developments. This book covers diverse policy sectors and subjects, including the environment, education, anti-discrimination, food safety and many others. While some chapters concentrate on the operation of new governance mechanisms in a federal and multilevel context and others look at the relationship between public and private mechanisms and settings, what all the contributors share in common is the pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism, and of legal and constitutional values.
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Specificații

ISBN-13: 9781841135434
ISBN-10: 1841135437
Pagini: 440
Ilustrații: 1
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.62 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Essays in European Law

Locul publicării:London, United Kingdom

Caracteristici

The essays in this volume examine the rising phenomenon of new governance mechanisms and their effectiveness in addressing complex social problems.

Notă biografică

Gráinne de Búrca is Professor of Law at Fordham Law School, New York.Joanne Scott is Professor of European Law at University College, London.

Cuprins

Introduction: New Governance, Law and Constitutionalism Gráinne de Búrca and Joanne ScottPART I: NEW GOVERNANCE, LAW AND CONSTITUTIONALISM 1. EU Constitutionalism and New GovernanceNeil Walker2. Toyota Jurisprudence: Legal Theory and Rolling Rule RegimesWilliam H Simon3. 'Soft Law', 'Hard Law', and EU Integration David M Trubek, Patrick Cottrell and Mark NancePART II: CASE STUDIES: EUROPE4. EU Race Discrimination Law: A Hybrid Model?Gráinne de Búrca5. New EU Employment Governance and Constitutionalism Claire Kilpatrick6. Solidarity and New Governance in Social PolicyCatherine Barnard7. The European Union and the Governance of Health Care Tamara K Hervey8. Law and New Environmental Governance in the European UnionJoanne Scott and Jane HolderPART III: CASE STUDIES: UNITED STATES9. New Governance Practices in US Health Care Louise G Trubek10. Governing Occupational Safety in the United States Orly Lobel11. Information-forcing Regulation and Environmental GovernanceBradley C Karkkainen12. Gender Equity Regimes and the Architecture of Learning Susan SturmPART IV: COMPARATIVE STUDIES13. EU Constitutionalism and the 'American Experience'Paul Magnette and Justine Lacroix14. Governance and American Political DevelopmentMark TushnetEpilogue: Accountability Without SovereignityCharles F Sabel and William H Simon

Recenzii

The volume is useful reading for an academic, professional and policy audience. Each of the essays is well-organized internally, with clear and appealing structures...an exciting and well-timed contribution to the growing legal scholarship on the relationships between law and new governance.
This book is an impressive exercise in comparative law...the real strength of this book is the case studies.The conceptual chapters would stand on their own as interesting academic contributions to the subject.
This is..a book with a subject-matter that is highly varied.It also provides a rich source of ideas and references to further reflective literature, so that the individual chapters will be extremely useful for those working in the cognate fields concerned...the work provokes a host of questions and will undoubtedly fuel many further enquires.
The meeting in this book of academic experts from either side of the Atlantic provides a range of essays based on real cases studied, examined from different backgrounds - thereby enabling readers to gain better understanding of this new, evasive form of governance which is at work in the process of evolving the European Union.
.an important contribution to a rapidly growing scholarly, administrative, political and economic debate.The strength of this collection are its contributors, who have already shaped some key concepts of the debate and brought forth some of the most influential criticism of recent developments.this book challenges our understanding of law and constitutionalism in the EU and the US, and it can well serve as a starting and focal point for further and deeper discourse on new governance.
...this volume represents a cogent attempt to bring a big-picture perspective to a vast number of discrete developments within the EU...

Descriere

This book pursues effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law.