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A Union of Peoples
This book delves into the legal theory of the European Union, offering an internationalist theory of European Union law as part of the law of nations, where its central principles are not the principles of a single constitution, but the cosmopolitan principles of accountability, liberty, and fairness.
Authoritarian Liberalism and the Transformation of Modern Europe
Oxford Constitutional Theory has rapidly established itself as the primary point of reference for theoretical reflections on the growing interest in constitutions and constitutional law in domestic, regional, and global contexts. The majority of the works published in the series are monographs that advance new understandings of their subject. But the series aims to provide a forum for further innovation in the field by also including well-conceived edited collections that bring a variety of perspectives and disciplinary approaches to bear on specific themes in constitutional thought and by publishing English translations of leading monographs in constitutional theory that have originally been written in languages other than English. Book jacket.
Science and Risk Regulation in International Law
The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.
The European Union
This volume seeks to answer the question 'Which institutional architecture for which kind of democracy for the EU?' and discusses a series of institutional architectures in light of the democratic quality of the processes and decisions generated by them.
The Eurogroup
This book is the first study on the work of the Eurogroup - monthly informal meetings between euro area finance ministers, the Commission and the European Central Bank. Puetter convincingly demonstrates how this small, secretive circle of senior decision-makers shapes European economic governance through a routinised informal policy dialogue. Although the role of the Eurogroup has been contested since before the group's creation, its actual operation has never been subject to systematic evaluation. This book opens the doors of the meeting room and shows how an understanding of the interplay of formal provisions and informal processes is pivotal to the analysis of euro area governance. The book advances the conceptual understanding of informal negotiations among senior European and national decision-makers, and provides a unique in-depth analysis of historical episodes of policy coordination. As other areas of European decision-making rely increasingly on informal, voluntary policy coordination amongst member states, the Eurogroup model can be seen as a template for other policy areas.
Constitutionalism Justified
This volume analyzes Rainer Forst's theory of the right to justification from legal-philosophical and constitutional-theoretical perspectives. The contributions address issues such as the philosophical foundations of justification and constitutionalism, the justification of human rights, the requirements of social justice, and important elements of constitutional law. Forst responds to the contributions in a concluding chapter.
Deliberation Behind Closed Doors
Do transparency and publicity have the power to civilise politics? In deliberative democratic theory this is a common claim. Publicity, it is argued, forces actors to switch from market-style bargaining to a behaviour more appropriate for the political sphere, where the proper way of reaching agreement is by convincing others using public-spirited arguments. Daniel Naurin has conducted the first comprehensive analysis and test of the theory of publicity's civilising effect. The theory is tested on business lobbyists - presumably the most market-oriented actors in politics - acting on different arenas characterised by varying degrees of transparency and publicity. Innovative scenario-interviews with lobbying consultants in Brussels and in Stockholm are compared and contrasted with a unique sample of previously confidential lobbying letters. The results are both disappointing and encouraging to deliberative democratic theorists. While the positive force of publicity seems to be overrated, it is found that even behind closed doors business lobbyists must adapt to the norms of the forum.
The Political Commissioner
This book develops a sociology of international political work, based on four years of embedded observation inside the cabinet of a European Commissioner.
Democracy across Borders
An innovative conception of democracy for an era of globalization and delegation of authority beyond the nation-state: rule by peoples across borders rather than by "the people" within a fixed jurisdiction. Today democracy is both exalted as the "best means to realize human rights" and seen as weakened because of globalization and delegation of authority beyond the nation-state. In this provocative book, James Bohman argues that democracies face a period of renewal and transformation and that democracy itself needs redefinition according to a new transnational ideal. Democracy, he writes, should be rethought in the plural; it should no longer be understood as rule by the people (dêmos), sin...
Legislative Authority and Interpretation in the European Union
Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
