Law and New Governance in the EU and the USGráinne de Búrca, Joanne Scott 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. |
Contents
EU Constitutionalism and New Governance | 19 |
Legal Theory and Rolling | 37 |
Soft Law Hard Law and EU Integration | 65 |
Copyright | |
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accountability action programme activities actors administrative agency approach argued Búrca chapter collaborative comitology Commission Community compliance Constitutional Treaty constitutionalism constructivist context cooperation coordination Council Court decision destabilisation Directive discrimination EC Treaty economic effective employment governance Endangered Species Act enforcement EU's Europe European Council European Employment Strategy European Social Fund European Union example experimental experimentalist federal framework funding gender goals groups hard law hybridity Ibid implementation incentives initiatives institutions integration International involved Journal Law Review legislation litigation Member ment monitoring Neil Walker networks norms operate organisations OSHA participation penalty default political practice principle problem-solving problems procedure proposed Proposition 65 protection reform regime regulation regulatory response role root cause analysis Sabel safety soft law solidarity stakeholders standards strategy structure tion tional TMDL traditional transformation Trubek University values workers