New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies. In the US, scholarship on issues such as collaborative problem-solving, democratic experimentalism, and problem-solving courts exemplify the interest in similar developments. This book covers diverse policy sectors and subjects, including the environment, education, anti-discrimination, food safety and many others. While some chapters concentrate on the operation of new governance mechanisms in a federal and multilevel context and others look at the relationship between public and private mechanisms and settings, what all the contributors share in common is the pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism, and of legal and constitutional values.
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This book pursues effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law.
Introduction: New Governance, Law and Constitutionalism Gráinne de Búrca and Joanne Scott PART I: NEW GOVERNANCE, LAW AND CONSTITUTIONALISM 1. EU Constitutionalism and New Governance Neil Walker 2. Toyota Jurisprudence: Legal Theory and Rolling Rule Regimes William H Simon 3. ‘Soft Law’, ‘Hard Law’, and EU Integration David M Trubek, Patrick Cottrell and Mark Nance PART II: CASE STUDIES: EUROPE 4. EU Race Discrimination Law: A Hybrid Model? Gráinne de Búrca 5. New EU Employment Governance and Constitutionalism Claire Kilpatrick 6. Solidarity and New Governance in Social Policy Catherine Barnard 7. The European Union and the Governance of Health Care Tamara K Hervey 8. Law and New Environmental Governance in the European Union Joanne Scott and Jane Holder PART III: CASE STUDIES: UNITED STATES 9. New Governance Practices in US Health Care Louise G Trubek 10. Governing Occupational Safety in the United States Orly Lobel 11. Information-forcing Regulation and Environmental Governance Bradley C Karkkainen 12. Gender Equity Regimes and the Architecture of Learning Susan Sturm PART IV: COMPARATIVE STUDIES 13. EU Constitutionalism and the ‘American Experience’ Paul Magnette and Justine Lacroix 14. Governance and American Political Development Mark Tushnet Epilogue: Accountability Without Sovereignity Charles F Sabel and William H Simon
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The volume is useful reading for an academic, professional and policy audience. Each of the essays is well-organized internally, with clear and appealing structures...an exciting and well-timed contribution to the growing legal scholarship on the relationships between law and new governance. Mark Flear Common Market Law Review Volume 44, issue 6 This book is an impressive exercise in comparative law...the real strength of this book is the case studies.The conceptual chapters would stand on their own as interesting academic contributions to the subject. John Townsend King's Law Journal Volume 18, Issue 1, 2007 This is..a book with a subject-matter that is highly varied...It also provides a rich source of ideas and references to further reflective literature, so that the individual chapters will be extremely useful for those working in the cognate fields concerned...the work provokes a host of questions and will undoubtedly fuel many further enquires. Evelyn Ellis Public Law 2006 The meeting in this book of academic experts from either side of the Atlantic provides a range of essays based on real cases studied, examined from different backgrounds - thereby enabling readers to gain better understanding of this new, evasive form of governance which is at work in the process of evolving the European Union. Frederik Ronse European Library, No 9262/699 September 2006 ...an important contribution to a rapidly growing scholarly, administrative, political and economic debate...The strength of this collection are its contributors, who have already shaped some key concepts of the debate and brought forth some of the most influential criticism of recent developments...this book challenges our understanding of law and constitutionalism in the EU and the US, and it can well serve as a starting and focal point for further and deeper discourse on new governance. Christoph Konrath The Law and Politics Book Review, Vol 16, No 11 Oct 06 ...this volume represents a cogent attempt to bring a big-picture perspective to a vast number of discrete developments within the EU... International and Comparative Law Quarterly
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The essays in this volume examine the rising phenomenon of new governance mechanisms and their effectiveness in addressing complex social problems.
Emerging trends and developments in European law. This series is dedicated to publishing edited collections on a wide range of topics within European law, focussing particularly on analyses of emerging trends and new developments which are not covered in the standard textbooks. The essays are carefully grouped around selected themes which, while frequently at the cutting edge of scholarship, are nonetheless intended to be of widespread interest to EU scholars and practitioners. The books have a variety of origins; some arise from workshops and conferences, while others spring from longer term research initiatives. In all cases the essays selected for publication have not been published elsewhere, and all are subject to peer review and editing.
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Produktdetaljer

ISBN
9781841135434
Publisert
2006-04-26
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Dybde
22 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
440

Biographical note

Grainne de Burca is Professor of Law at Fordham Law School, New York. Joanne Scott is Professor of European Law at University College, London.