Risk Regulation And Administrative Constitutionalism
DOWNLOAD
Download Risk Regulation And Administrative Constitutionalism PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Risk Regulation And Administrative Constitutionalism book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Risk Regulation And Administrative Constitutionalism
DOWNLOAD
Author : Elizabeth Charlotte Fisher
language : en
Publisher:
Release Date : 2007
Risk Regulation And Administrative Constitutionalism written by Elizabeth Charlotte Fisher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Administrative law categories.
The regulation of environmental and public health risks is a controversial area of government activity. This book studies the public law dimension of these controversies, particularly the interrelationship between risk regulation, public law and theories of legitimate administrative governance.
Risk Regulation And Administrative Constitutionalism
DOWNLOAD
Author : Elizabeth Fisher
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-07-30
Risk Regulation And Administrative Constitutionalism written by Elizabeth Fisher and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-30 with Law categories.
Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting 'scientific' approaches to risk evaluation and those promoting 'democratic' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. This is shown by five case studies taken from five different legal cultures: an analysis of the bifurcated role of the Southwood Working Party in the UK BSE crisis; the development of doctrines in relation to judicial review of risk evaluation in the US in the 1970s; the interpretation of the precautionary principle by environmental courts and generalist tribunals carrying out merits review in Australia; the interpretation of the WTO Sanitary and Phytosanitary Agreement as part of the WTO dispute settlement process; and the interpretation of the precautionary principle in the EU context. A strong argument is thus made for re-orienting the focus of scholarship in this area.
Administrative Competence
DOWNLOAD
Author : Elizabeth Fisher
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-15
Administrative Competence written by Elizabeth Fisher 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 2020-10-15 with Law categories.
This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.
The Constitution Of Risk
DOWNLOAD
Author : Adrian Vermeule
language : en
Publisher: Cambridge University Press
Release Date : 2014
The Constitution Of Risk written by Adrian Vermeule 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 2014 with Law categories.
The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.
Uncertain Risks Regulated
DOWNLOAD
Author : Ellen Vos
language : en
Publisher: Routledge
Release Date : 2009-01-26
Uncertain Risks Regulated written by Ellen Vos and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-26 with Law categories.
Uncertain Risks Regulated compares various models of risk regulation in order to understand how these systems shape the relationship between law and science, and how they attempt to overcome public distrust in science-based decision-making. The book contributes to the ongoing debate relating to uncertainty and risks - and the difficulties faced by the European Union in particular - in regulating theses issues, taking account of both national and international constraints. The term 'uncertain risk' is comparable with notions of hazard and indeterminate risk, as deployed within the social sciences; but it also aims to capture the modern regulatory reality that a non-quantifiable hazard must still be addressed by society, law and its regulators. Decisions must be taken in the face of uncertainty. And, whilst it is not possible to provide clear cut models of risk regulation, in focusing on regulatory practices at a national, EU and international level, the contributors to this volume aim to use fact finding as a core instrument of learning for risk regulation.
Regulating Risks In The European Union
DOWNLOAD
Author : Maria Weimer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
Regulating Risks In The European Union written by Maria Weimer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
A growing body of EU law and regulation is preoccupied with the protection of EU citizens from health and environmental risks. Which chemicals are safe and should be allowed on the market? How should the EU respond to public health emergencies, such as Ebola and other infectious diseases? Regulatory responses to these questions confront deep uncertainty, limited knowledge and societal contestation. In a time where the use of scientific expertise in EU policy-making is particularly contested, this book offers a timely contribution to both the academic and policy debate on the role of specialised expertise in EU public decision-making on risk and technology as well as on its intertwinement with executive power. It draws on insights from law, governance, political sciences, and science and technology studies, bringing together leading scholars in this field. Contributions are drawn together by a shared theoretical perspective, namely by their use of co-production as an analytical lens to study the intricate interplay between techno-scientific expertise and EU executive power. By so doing, this collection produces highly original insights into the development of the EU administrative state, as well as into the role of regulatory science in its construction. This book will be useful to scholars, practitioners, and policy-makers working on risk regulation and the role of expertise in public decision-making.
The Foundations And Future Of Public Law
DOWNLOAD
Author : Elizabeth Fisher
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-03-26
The Foundations And Future Of Public Law written by Elizabeth Fisher and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-26 with Law categories.
Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.
Implementing The Precautionary Principle
DOWNLOAD
Author : Elizabeth Charlotte Fisher
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006-01-01
Implementing The Precautionary Principle written by Elizabeth Charlotte Fisher 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 2006-01-01 with Political Science categories.
This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, the essays within the book explore the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change.
Beyond Constitutionalism
DOWNLOAD
Author : Nico Krisch
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-10-28
Beyond Constitutionalism written by Nico Krisch and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-28 with Law categories.
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Constitutionalism Multilevel Trade Governance And Social Regulation
DOWNLOAD
Author : Christian Joerges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-10-19
Constitutionalism Multilevel Trade Governance And Social Regulation written by Christian Joerges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-10-19 with Law categories.
This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental "society of states" into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational "cosmopolitan democracy".