Adjudicating New Governance
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Adjudicating New Governance
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Author : Emilia Korkea-aho
language : en
Publisher: Routledge
Release Date : 2015-02-11
Adjudicating New Governance written by Emilia Korkea-aho and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-11 with Law categories.
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.
Multilevel Governance In Enforcement And Adjudication
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Author :
language : en
Publisher:
Release Date : 2006
Multilevel Governance In Enforcement And Adjudication written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Conflict of laws categories.
This collection of essays explores how, in the areas of law enforcement and adjudication, the basic principles of the rule of law can be embedded in a system of multilevel governance.
New Challenges To Constitutional Adjudication In Europe
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Author : Zoltán Szente
language : en
Publisher: Routledge
Release Date : 2018-03-09
New Challenges To Constitutional Adjudication In Europe written by Zoltán Szente and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-09 with Law categories.
In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.
Experiments In International Adjudication
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Author : Ignacio de la Rasilla
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-28
Experiments In International Adjudication written by Ignacio de la Rasilla and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-28 with Law categories.
Examines many seminal experiments in international adjudication and the origins of several major existing international courts.
Guidelines For Understanding Adjudicating And Resolving Disputes In Elections
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Author : Chad Vickery
language : en
Publisher: IFES
Release Date : 2011
Guidelines For Understanding Adjudicating And Resolving Disputes In Elections written by Chad Vickery and has been published by IFES this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Contested elections categories.
Adjudicating Climate Change
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Author : William C. G. Burns
language : en
Publisher: Cambridge University Press
Release Date : 2009-07-27
Adjudicating Climate Change written by William C. G. Burns and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-27 with Law categories.
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.
Current Legal Problems 2010
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Author : George Letsas
language : en
Publisher: Current Legal Problems
Release Date : 2011-01-30
Current Legal Problems 2010 written by George Letsas and has been published by Current Legal Problems this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-30 with Law categories.
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.
Adjudicating Global Business In And With India
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Author : Leïla Choukroune
language : en
Publisher: Routledge
Release Date : 2021-07-22
Adjudicating Global Business In And With India written by Leïla Choukroune and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with Law categories.
This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
Administrative Tribunals And Adjudication
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Author : Peter Cane
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-08-03
Administrative Tribunals And Adjudication written by Peter Cane and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-03 with Law categories.
Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals'. Their main function is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than courts, tribunals and their role as dispensers of 'administrative justice' receive relatively little scholarly attention. This wide-ranging book-length treatment of the subject compares tribunals in three major jurisdictions: Australia the UK and the US. It analyses and offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability.
Legitimacy Of Unseen Actors In International Adjudication
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Author : Freya Baetens
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-22
Legitimacy Of Unseen Actors In International Adjudication written by Freya Baetens and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-22 with Law categories.
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.