Law and New Governance in the EU and the US
Series: Essays in European Law; Volume 10;
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Product details:
- Edition number 1
- Publisher Hart Publishing
- Date of Publication 26 April 2006
- Number of Volumes Paperback
- ISBN 9781841135434
- Binding Paperback
- No. of pages440 pages
- Size 234x156x22 mm
- Weight 626 g
- Language English 0
Categories
Short description:
This book pursues effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law.
MoreLong description:
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.
MoreTable of Contents:
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
