Outsourcing Rulemaking Powers
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Outsourcing Rulemaking Powers
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Author : Cedric Jenart
language : en
Publisher: Oxford University Press
Release Date : 2022-01-20
Outsourcing Rulemaking Powers written by Cedric Jenart and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-20 with Law categories.
Within democratic states, parliaments have always been regarded as playing a pivotal role in the creation of rules. Through its composition, parliament represents the opinions and interests of society, which it serves through the legislative process. But in an increasingly globalized world, nation-states are confronted with issues that require international cooperation, expert knowledge and flexibility to resolve. Rather than taking the lead, parliaments are increasingly settling for a managerial position and have begun to outsource their rulemaking powers (and other constitutional responsibilities) rather than exercising them themselves. Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. It asks fundamental questions of its readers, such as: which powers should be outsourced? And to whom? What mechanisms are in place to guarantee the quality of the rules they make? 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. Offering a bridge between traditional constitutional law and transnational private law, this book will be of interest to both practitioners and scholars within the global communities of comparative constitutionalism, global administrative law and transnational private law.
Outsourcing Rulemaking Powers
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Author : Cedric Jenart
language : en
Publisher:
Release Date : 2022
Outsourcing Rulemaking Powers written by Cedric Jenart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Constitutional law categories.
"Within democratic states, parliaments have always been regarded as playing a pivotal role in the creation of rules. Through its composition, parliament represents the opinions and interests of society, which it serves through the legislative process. But in an increasingly globalized world, nation-states are confronted with issues that require international cooperation, expert knowledge and flexibility to resolve. Rather than taking the lead, parliaments are increasingly settling for a managerial position and have begun to outsource their rulemaking powers (and other constitutional responsibilities) rather than exercising them themselves. Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. It asks fundamental questions of its readers, such as: which powers should be outsourced? And to whom? What mechanisms are in place to guarantee the quality of the rules they make? 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. Offering a bridge between traditional constitutional law and transnational private law, this book will be of interest to both practitioners and scholars within the global communities of comparative constitutionalism, global administrative law and transnational private law."-- from publisher's website.
Global Standards And Eu Law
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Author : Mariolina Eliantonio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-06-09
Global Standards And Eu Law written by Mariolina Eliantonio and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-09 with Law categories.
This book examines the interplay between global standards and the EU legal system, examining how the process of incorporating technical standards set at international level poses challenges for principles of good governance, such as accountability, participatory openness and transparency. It contributes to the ongoing debate concerning the democratic credentials of decision-making in Europe by focusing on the specific juncture where globally produced standards are used by the EU institutions for EU regulatory purposes.
Ex Ministers As Constitutional Judges
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Author : Mathias Möschel
language : en
Publisher: Oxford University Press
Release Date : 2025-03-06
Ex Ministers As Constitutional Judges written by Mathias Möschel and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-06 with Law categories.
The appointment of former politicians to constitutional courts is a global phenomenon. While ex-politician appointees may bring status, visibility, knowledge, and political awareness to the job, their previous roles may influence their assessment of legislations' constitutionality. Ex-Ministers as Constitutional Judges sheds light on this practice in four of the world's oldest and most established constitutional courts: Austria, France, Germany, and Italy. Weaving together legal, political, sociological, and historical sources, including press articles, surveys, and interviews with constitutional judges and high-level personnel, the book provides the first comprehensive exploration of ex-politicians becoming constitutional court judges. It analyses the advantages and disadvantages such personalities bring to constitutional courts, as well as assessing what limitations supranational law may set for such participation. Whereas the participation of ex-ministers does not seem to have posed serious structural issues to constitutional courts so far, this volume posits that the risks have been underestimated. In this context, Ex-Ministers as Constitutional Judges ultimately suggests normative steps for minimizing such risks and strengthening the independence and impartiality of constitutional courts in view of democratic and constitutional backsliding.
Redefining Comparative Constitutional Law
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-11-20
Redefining Comparative Constitutional Law written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-20 with Law categories.
Over the past two decades, the field of comparative constitutional law has emerged as a major domain of scholarly inquiry. It has also been a notable feature in judicial practice. Many of the world's leading courts are now composed of at least some members who engage with comparative materials, and thinking comparatively has developed into one of the most significant ways of engaging in constitutional analyses. Redefining Comparative Constitutional Law: Essays for Mark Tushnet reflects upon the field of comparative constitutional law. Among the most prominent figures in the development of the field in its ongoing renaissance has been Mark Tushnet. This book uses the occasion of Professor Tushnet's recent retirement from Harvard Law School to think critically about the field. Each essay takes up one of Professor Tushnet's major recent themes which focuses on variations within liberal constitutionalism and the possibility of other forms of constitutionalism that find articulation under other political regimes. In this book, leading scholars contribute to the debate over the nature of the field, including the role of empiricism and language; discussions of democracy and entrenchment; analyses of rights and courts; consideration of constitutional design; and explorations of the extent to which there are varieties of constitutionalism. At a moment of renewed stress and political debate over the relationship between democracy and constitutionalism, Redefining Comparative Constitutional Law: Essays for Mark Tushnet offers timely insights into comparative analyses of constitutional rights. Academics and students alike will benefit from the essays that range across both methodological questions and substantive analysis in the development of constitutions throughout the globe.
The Politics Of Constitutional Rigidity
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Author : Mariana Velasco-Rivera
language : en
Publisher: Oxford University Press
Release Date : 2025-05-31
The Politics Of Constitutional Rigidity written by Mariana Velasco-Rivera and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-31 with Law categories.
What makes a constitution difficult to amend? Many assume it's the stringency of the amendment rules, as seen with the U.S. Constitution. However, Mexico, with similar rules, has one of the most amended constitutions globally. So, if it's not the stringency of the rules, what is it? The Politics of Constitutional Rigidity: Unveiling Pathways to Change in Mexico focuses on Mexico as a case study to explore the non-institutional factors that influence the relative ease of amendment to its constitution. This book proposes a new analytical framework for understanding constitutional change, suggesting that both formal and informal changes occur within an 'economy of change.' This framework highlights how the interplay of political parties, party systems, constitutional culture, and key political actors' decisions influence political entrenchment. Timely and original, The Politics of Constitutional Rigidity offers a systematic study of constitutional change and challenges dominant approaches to constitutional rigidity.
Courts And Lgbtq Rights In An Age Of Judicial Retrenchment
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Author : Rehan Abeyratne
language : en
Publisher: Oxford University Press
Release Date : 2025-03-19
Courts And Lgbtq Rights In An Age Of Judicial Retrenchment written by Rehan Abeyratne and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-19 with Law categories.
Over the past two decades, liberal constitutionalism has been in decline. Yet some courts - including the U.S. Supreme Court, the Supreme Court of India, and the Hong Kong Court of Final Appeal - have continued to progressively realize the rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons. How can the seeming paradox of LGBTQ+ rights advancement amid liberal constitutional regression be understood? And what, in turn, does that tell us about the state of liberal constitutionalism and rights adjudication? Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment addresses these questions by exploring rights adjudication within the broader context of declining liberal constitutionalism within the U.S., India, and Hong Kong. By analysing landmark LGBTQ+ rights judgments and topical case studies in increasingly challenging political and institutional contexts, this book provides detailed, qualitative accounts of constitutionalism in these jurisdictions over the past two decades. Progressive and original, this book explores how courts often use LGBTQ+ rights to demonstrate their rhetorical commitment to liberal and global constitutionalism, even as their judgments may fall short of, or even undermine, those ideals.
Foreign Relations Federalism
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Author : Thomas Verellen
language : en
Publisher: Oxford University Press
Release Date : 2023
Foreign Relations Federalism written by Thomas Verellen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.
Through a comparative analysis of the United States, Canada, Belgium, and the EU, this book examines the constitutional framework in which foreign relations are conducted in federal unions. In doing so, this book contributes to debates on how the EU's foreign affairs constitution should be structured.
Constitutional Principles On Outsourcing Rulemaking Powers To Non Politically Accountable Actors In European States
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Author : Cedric Jenart
language : en
Publisher:
Release Date : 2019
Constitutional Principles On Outsourcing Rulemaking Powers To Non Politically Accountable Actors In European States written by Cedric Jenart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
East Asian Executive Reports
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Author :
language : en
Publisher:
Release Date : 1999
East Asian Executive Reports written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Commercial law categories.