Adjudicating New Governance

Deliberative Democracy in the European Union

Nonfiction, Reference & Language, Law, Courts, Social & Cultural Studies, Political Science, Government, Democracy
Cover of the book Adjudicating New Governance by Emilia Korkea-aho, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Emilia Korkea-aho ISBN: 9781317658290
Publisher: Taylor and Francis Publication: February 11, 2015
Imprint: Routledge Language: English
Author: Emilia Korkea-aho
ISBN: 9781317658290
Publisher: Taylor and Francis
Publication: February 11, 2015
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book The Shadow of the Second Mother by Emilia Korkea-aho
Cover of the book The Funeral of a Giraffe: Seven Stories by Emilia Korkea-aho
Cover of the book Education for Young Adults by Emilia Korkea-aho
Cover of the book Community Activation for Integral Development by Emilia Korkea-aho
Cover of the book The Brentano Puzzle by Emilia Korkea-aho
Cover of the book Imaginings of Time in Lydgate and Hoccleve's Verse by Emilia Korkea-aho
Cover of the book Transnational Construction Arbitration by Emilia Korkea-aho
Cover of the book The Practice of Reform in Health, Medicine, and Science, 1500–2000 by Emilia Korkea-aho
Cover of the book Applications of Group Analysis for the Twenty-First Century by Emilia Korkea-aho
Cover of the book The Routledge Handbook of Neoplatonism by Emilia Korkea-aho
Cover of the book Constitutional History of the UK by Emilia Korkea-aho
Cover of the book Thai: An Essential Grammar by Emilia Korkea-aho
Cover of the book Confessions of a Secular Jew by Emilia Korkea-aho
Cover of the book Research in International Marketing (RLE International Business) by Emilia Korkea-aho
Cover of the book Becoming a Primary Mathematics Specialist Teacher by Emilia Korkea-aho
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy