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Adjudicating New Governance - Deliberative Democracy in the European Union (Paperback)
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Adjudicating New Governance - Deliberative Democracy in the European Union (Paperback)
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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.
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