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The End of the Eurocrats' Dream
This volume argues that the crisis of the European Union is not merely a fiscal crisis but reveals and amplifies deeper flaws in the structure of the EU itself. It is a multidimensional crisis of the economic, legal and political cornerstones of European integration and marks the end of the technocratic mode of integration which has been dominant since the 1950s. The EU has a weak political and administrative centre, relies excessively on governance by law, is challenged by increasing heterogeneity and displays increasingly interlocked levels of government. During the crisis, it has become more and more asymmetrical and has intervened massively in domestic economic and legal systems. A team of economists, lawyers, philosophers and political scientists analyse these deeper dimensions of the European crisis from a broader theoretical perspective with a view towards contributing to a better understanding and shaping the trajectory of the EU.
A Companion to European Union Law and International Law
Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others
The Plurality Trilemma
This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to its new social preconditions, a variety of transnational regulatory levels compete for legal authority. In this process of change, there is more need than ever to guide the theoretical understanding because academic concepts have a crucial influence on the emerging practice of global law. This book highlights which choices are available and argues that global law requires taking a stand in mutually irreconcilable choices.
Beyond the Crisis
In the wake of the euro crisis, the European Union has been transformed in many ways. Is it now on the right track? The euro crisis, the steps taken to manage it, and the resulting transformations have triggered a necessary process of reconsidering economic governance in the European Union. This volume— the third in a series of annual editions tackling different aspects of governance— examines the long list of open political, legal, and economic questions related to the functioning and fundamental structure of the Union as a whole and the economic and monetary union in particular. Organised in three main sections, the contributions to this collection bring the perspectives of different a...
Transnational Governance and Constitutionalism
The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.
Democracy in Theory and Practice
Democracy is an issue of major importance in theory and practice in politics throughout the world. However, democracy’s study and advancement has been significantly compromised by a dichotomy between theorising about democracy, and empirical studies of democracy in practice. In addition to highlighting the need for this gap to be overcome, this book contributes to overcoming this divide, by demonstrating a number of ways that democracy in theory and practice can be synthesised; deepening our understanding of the relationship between democracy in theory and practice in the process. Different, but related, democratic principles and concepts are considered such as legitimacy, political equality, deliberation, and participation. A range of practical contexts are also investigated including multi-level polities, deeply divided societies, whole polities, local rural and urban areas, and a range of democratic processes, innovations and spectacular events. Moreover, the book sets the agenda for future work to combine democracy in theory and practice. This book was originally published as a special issue of Representation.
Law and Anthropology
Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. Focussing on the inter-connections between the two disciplines it also includes case studies from around the world.
Constitutional Fragments
The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.
The Market or the Public Domain
Examining the powerful idea of the return, reconstitution and redeployment of the public domain in a post-Seattle and post-Washington consensus world order, this innovative book is the most forward-looking and comprehensive examination of the need to rethink the tenants of global free trade. In the past two decades, countries have focused on broadening and guaranteeing market access, and as the pendulum swings back for the market, the issue of investing in the public domain becomes a priority. The authors believe that devising new institutions of governance for a globalizing world requires fundamental change nationally and internationally. They argue that new public spaces, places and servic...
Democracy in Europe
This book calls for a philosophical consideration of the development, challenges and successes of the European Union. The author argues that conceptual innovation is essential if progress on the European project is to be made; new meanings, rather than financial or institutional engineering solutions, will help solve the crisis. By applying a philosophical approach to diagnosing the EU crisis, the book reconsiders the basic concepts of democracy in the context of the complex reality of the EU and the globalised world where profound social and political changes are taking place. It will be of interest to students and scholars interested in EU politics, political theory and philosophy.
