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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.
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.
This User’s Guide is intended to support the design, implementation, analysis, interpretation, and quality evaluation of registries created to increase understanding of patient outcomes. For the purposes of this guide, a patient registry is an organized system that uses observational study methods to collect uniform data (clinical and other) to evaluate specified outcomes for a population defined by a particular disease, condition, or exposure, and that serves one or more predetermined scientific, clinical, or policy purposes. A registry database is a file (or files) derived from the registry. Although registries can serve many purposes, this guide focuses on registries created for one or more of the following purposes: to describe the natural history of disease, to determine clinical effectiveness or cost-effectiveness of health care products and services, to measure or monitor safety and harm, and/or to measure quality of care. Registries are classified according to how their populations are defined. For example, product registries include patients who have been exposed to biopharmaceutical products or medical devices. Health services registries consist of patients who have had a common procedure, clinical encounter, or hospitalization. Disease or condition registries are defined by patients having the same diagnosis, such as cystic fibrosis or heart failure. The User’s Guide was created by researchers affiliated with AHRQ’s Effective Health Care Program, particularly those who participated in AHRQ’s DEcIDE (Developing Evidence to Inform Decisions About Effectiveness) program. Chapters were subject to multiple internal and external independent reviews.
The European Union is facing today the greatest crisis since its creation. Brexit could mean not only the reversal of its steady enlargement—from 6 to 28 member states—but also the beginning of an inexorable decline leading to its disintegration. However, few today seem to recollect that it was precisely the British who were the first to promulgate the political culture which inspired the European Union’s construction—democracy and federalism—and the first who tried to realise, in June 1940, a European federation on the basis of an Anglo-French union. This volume traces the fundamental stages of the European unification process, placing it in relation to the wider process of world economic and political integration. In particular, it analyses the historical significance of the European Revolution, which is identified in the overcoming of the nation state—namely the modern political formula which institutionalised the political division of mankind—and the birth of the first truly international state. The universal historical significance of the European Revolution lies in its exportability—as for the other great European revolutions—and, therefore, its potential as progressively extensible to all the states of the planet. Europe was indeed the first region of the world where the barriers between national states fell, and a post-national political identity emerged, complementary to national political identities. It is, in fact, in the context of the European Union that democracy beyond the borders of the nation state has first been realized, constituting a guiding principle for global governance.
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.
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.
This edited volume provides a comprehensive overview of the diverse and multi-faceted research on governance in multilevel systems. The book features a collection of cutting-edge trans-Atlantic contributions, covering topics such as federalism, decentralization as well as various forms and processes of regionalization and Europeanization. While the field of multilevel governance is comparatively young, research in the subject has also come of age as considerable theoretical, conceptual and empirical advances have been achieved since the first influential works were published in the early noughties. The present volume aims to gauge the state-of-the-art in the different research areas as it brings together a selection of original contributions that are united by a variety of configurations, dynamics and mechanisms related to governing in multilevel systems.
Offering a wealth of thought-provoking insights, this topical Research Handbook analyses the interplay between the law and politics of the EU and examines the role of law and legal actors in European integration.
This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.