Download or read book Adjudicating New Governance written by Emilia Korkea-aho and published by Routledge. This book was released on 2015-02-11 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Normalizing of Adjudication in Complex International Governance Regimes written by and published by . This book was released on 2009 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Multilevel Governance in Enforcement and Adjudication written by and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays explores how, in the areas of law enforcement and adjudication, the basic principles of the rule of law can be embedded in a system of multilevel governance.
Download or read book Guidelines for Understanding Adjudicating and Resolving Disputes in Elections written by Chad Vickery and published by IFES. This book was released on 2011 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Current Legal Problems 2010 written by George Letsas and published by Current Legal Problems. This book was released on 2011-01-30 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Registries for Evaluating Patient Outcomes written by Agency for Healthcare Research and Quality/AHRQ and published by Government Printing Office. This book was released on 2014-04-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Adjudicating Climate Change written by William C. G. Burns and published by Cambridge University Press. This book was released on 2009-07-27 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Towards Shockproof European Legal and Governance Strategies written by Stavros Zouridis and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-06-01 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Negotiating Water Governance written by Emma S. Norman and published by Routledge. This book was released on 2016-03-09 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Those who control water, hold power. Complicating matters, water is a flow resource; constantly changing states between liquid, solid, and gas, being incorporated into living and non-living things and crossing boundaries of all kinds. As a result, water governance has much to do with the question of boundaries and scale: who is in and who is out of decision-making structures? Which of the many boundaries that water crosses should be used for decision-making related to its governance? Recently, efforts to understand the relationship between water and political boundaries have come to the fore of water governance debates: how and why does water governance fragment across sectors and governmental departments? How can we govern shared waters more effectively? How do politics and power play out in water governance? This book brings together and connects the work of scholars to engage with such questions. The introduction of scalar debates into water governance discussions is a significant advancement of both governance studies and scalar theory: decision-making with respect to water is often, implicitly, a decision about scale and its related politics. When water managers or scholars explore municipal water service delivery systems, argue that integrated approaches to salmon stewardship are critical to their survival, query the damming of a river to provide power to another region and investigate access to potable water - they are deliberating the politics of scale. Accessible, engaging, and informative, the volume offers an overview and advancement of both scalar and governance studies while examining practical solutions to the challenges of water governance.
Download or read book Deliberative Democracy in America written by Ethan J. Leib and published by Penn State Press. This book was released on 2010-11-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are taught in civics class that the Constitution provides for three basic branches of government: executive, judicial, and legislative. While the President and Congress as elected by popular vote are representative, can they really reflect accurately the will and sentiment of the populace? Or do money and power dominate everyday politics to the detriment of true self-governance? Is there a way to put &"We the people&" back into government? Ethan Leib thinks there is and offers this blueprint for a fourth branch of government as a way of giving the people a voice of their own. While drawing on the rich theoretical literature about deliberative democracy, Leib concentrates on designing an institutional scheme for embedding deliberation in the practice of American democratic government. At the heart of his scheme is a process for the adjudication of issues of public policy by assemblies of randomly selected citizens convened to debate and vote on the issues, resulting in the enactment of laws subject both to judicial review and to possible veto by the executive and legislative branches. The &"popular&" branch would fulfill a purpose similar to the ballot initiative and referendum but avoid the shortcomings associated with those forms of direct democracy. Leib takes special pains to show how this new branch would be integrated with the already existing governmental and political institutions of our society, including administrative agencies and political parties, and would thus complement rather than supplant them.
Download or read book Private Law in the External Relations of the EU written by Marise Cremona and published by Oxford University Press. This book was released on 2016-03-18 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.
Download or read book New Challenges to Constitutional Adjudication in Europe written by Zoltán Szente and published by Routledge. This book was released on 2018-03-09 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.
Download or read book Open Government Concepts Methodologies Tools and Applications written by Management Association, Information Resources and published by IGI Global. This book was released on 2019-09-06 with total page 2581 pages. Available in PDF, EPUB and Kindle. Book excerpt: Open government initiatives have become a defining goal for public administrators around the world. As technology and social media tools become more integrated into society, they provide important frameworks for online government and community collaboration. However, progress is still necessary to create a method of evaluation for online governing systems for effective political management worldwide. Open Government: Concepts, Methodologies, Tools, and Applications is a vital reference source that explores the use of open government initiatives and systems in the executive, legislative, and judiciary sectors. It also examines the use of technology in creating a more affordable, participatory, and transparent public-sector management models for greater citizen and community involvement in public affairs. Highlighting a range of topics such as data transparency, collaborative governance, and bureaucratic secrecy, this multi-volume book is ideally designed for government officials, leaders, practitioners, policymakers, researchers, and academicians seeking current research on open government initiatives.
Download or read book Guide to Compounding Adjudication and Prosecution written by K S Ravichandran and published by Bloomsbury Publishing. This book was released on 2020-05-23 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights ? A complete guide to provisions, procedure and judicial precedents on offences and contraventions under the Company Law, Securities Laws and FEMA. ? Compounding of offences and adjudication of penalties and appeals thereof. ? Directions, disgorgement and settlement of proceedings under Securities Laws and other Relief and Remedies under the Companies Act, 2013. ? Search, seizure, enquiry, inspection and investigation under the Company Law, Securities Laws and FEMA. ? Crisp account of cognizable, bailable and non-bailable offences ? Trial procedures, and quashing of criminal complaints under the Criminal Procedure Code.
Download or read book International Adjudication on Trial written by Sivan Shlomo Agon and published by Oxford University Press, USA. This book was released on 2019-09-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book puts forward a multidimensional goal-based framework for analysing the effectiveness of the WTO dispute settlement system, while challenging the tendency in current literature to capture the effectiveness of this complex international adjudicatory system through the narrow and fixed concept of compliance. Drawing on the goals - based approach-the book broadly conceptualizes the effectiveness of the WTO dispute settlement system as the extent to which this system achieves its goals, while using the multiple conflicting and shifting objectives set for the system by WTO Members as the key effectiveness benchmarks. In so doing, it offers a comprehensive empirical account of the manifold and contradictory goals-beyond compliance-entrusted with the WTO dispute settlement system by its mandate providers, and probes the complex trade-offs struck between the multiple goals on the ground. This work addresses cutting-edge legal and institutional questions while implementing a qualitative empirical research design. Drawing on numerous interviews with WTO adjudicators, staff members of the WTO Secretariat, state officials, and trade lawyers, Agon crafts an insider's look into the actual world of WTO adjudication and sets out a framework for a more nuanced and complex analysis of judicial effectiveness at the WTO.
Download or read book The Oxford Handbook of Governance written by David Levi-Faur and published by Oxford University Press. This book was released on 2012-03-29 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook will be the definitive study of governance for years to come. 'Governance' has become one of the most popular terms in contemporary political science; this Handbook explores the full range of meaning and application of the concept and its use in a number of research fields.
Download or read book Adjudication in Religious Family Laws written by Gopika Solanki and published by Cambridge University Press. This book was released on 2011-04-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.
