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Autonomous Public Bodies and the Law
  • Language: en
  • Pages: 384

Autonomous Public Bodies and the Law

  • Categories: Law

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?

Outsourcing Rulemaking Powers
  • Language: en
  • Pages: 321

Outsourcing Rulemaking Powers

  • Categories: Law

Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. 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.

Handbook of Regulatory Authorities
  • Language: en
  • Pages: 529

Handbook of Regulatory Authorities

Featuring a comprehensive analytical collection of interdisciplinary research on regulatory authorities, this innovative Handbook combines contributions from leading scholars and regulatory practitioners to present the fundamental theoretical concepts, empirical achievements and challenges in the contemporary study of regulatory authorities.

Constitutional Preambles
  • Language: en
  • Pages: 320

Constitutional Preambles

While their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and the constitutional systems in which they are situated.

Constitutional Law and Regionalism
  • Language: en
  • Pages: 304

Constitutional Law and Regionalism

  • Categories: Law

This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states

Comparative Constitutional Studies
  • Language: en
  • Pages: 360

Comparative Constitutional Studies

  • Categories: Law

Comparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practice realism, demonstrate critical spirit and examine the dark side of framers’ reports and normative theories.

Judging Regulators
  • Language: en
  • Pages: 192

Judging Regulators

  • Categories: Law

Drawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion.

Constitutional Crowdsourcing
  • Language: en
  • Pages: 192

Constitutional Crowdsourcing

  • Categories: Law

Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.

The Language of Constitutional Comparison
  • Language: en
  • Pages: 288

The Language of Constitutional Comparison

  • Categories: Law

In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.

Populism and Contemporary Democracy in Europe
  • Language: en
  • Pages: 341

Populism and Contemporary Democracy in Europe

This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the “rules of the game” of democracy from an eminently legal perspective. Weaving together normative and empiri...