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This book develops a sociologically informed theory of
constitutionalism in the global realm, addressing both national and
transnational forms of constitutional ordering. The book begins
with the argument that current approaches to constitutionalism
remain tied to a state-based conception of constitutions, and
overlooks underlying structural transformations that trigger the
emergence of constitutional forms of ordering. Poul F. Kjaer aims
to address this shortcoming by offering a sociological and
historically informed analysis of the evolution of
constitutionalism in the face of globalisation. The analysis
contextualises on-going constitutional developments through the use
of a long-term historical perspective, which is capable of
highlighting the impact of deeper structural transformations
unfolding within society. The book looks at the ways in which
national and transnational legal forms have evolved alongside one
another. It demonstrates that the formation of global constitutions
has not resulted in a corresponding decrease in the power of nation
states, but instead, legal and political aspects of both the nation
state and the transnational have been reconfigured and intensified
in a mutually supportive manner. In combining insights from a range
of fields, this interdisciplinary book will be of great interest to
students and scholars of constitutional law, sociology, global
governance studies, and legal, social and political theory.
This book investigates the consecutive shifts between three types
of intermediary institutions in the European context: Corporatist,
Neo-corporatist and Governance institutions. It does so by
combining insights from European Political Economy; European
Integration and governance studies; and, socio-legal studies in the
European context.
This book develops a sociologically informed theory of
constitutionalism in the global realm, addressing both national and
transnational forms of constitutional ordering. The book begins
with the argument that current approaches to constitutionalism
remain tied to a state-based conception of constitutions, and
overlooks underlying structural transformations that trigger the
emergence of constitutional forms of ordering. Poul F. Kjaer aims
to address this shortcoming by offering a sociological and
historically informed analysis of the evolution of
constitutionalism in the face of globalisation. The analysis
contextualises on-going constitutional developments through the use
of a long-term historical perspective, which is capable of
highlighting the impact of deeper structural transformations
unfolding within society. The book looks at the ways in which
national and transnational legal forms have evolved alongside one
another. It demonstrates that the formation of global constitutions
has not resulted in a corresponding decrease in the power of nation
states, but instead, legal and political aspects of both the nation
state and the transnational have been reconfigured and intensified
in a mutually supportive manner. In combining insights from a range
of fields, this interdisciplinary book will be of great interest to
students and scholars of constitutional law, sociology, global
governance studies, and legal, social and political theory.
This volume presents the first thorough sociologically-informed
legal analysis of the financial crisis which unfolded in 2008. It
combines a multitude of theoretically informed analyses of the
causes, dynamics and reactions to the crisis and contextualises
these within the general structural transformations characterising
contemporary society. It furthermore explores the constitutional
implications of the crisis and suggests concrete changes to the
constitutional set-up of contemporary society. Although the
question of individual responsibility is of crucial importance, the
central idea animating the volume is that the crisis cannot be
reduced to a mere failure of risk perception and management for
which individual and collective actors within and outside of
financial organisations are responsible. The 2008 crisis should
rather be understood as a symptom of far deeper structural
transformations. For example contemporary society is characterised
by massive accelerations in the speed with which societal processes
are reproduced as well as radical expansions in the level of
globalisation. These transformations have, however, been
asymmetrical in nature insofar as the economic system has outpaced
its legal and political counterparts. The future capability of
legal and political systems to influence economic reproduction
processes is therefore conditioned by equally radical
transformations of their respective operational forms and
self-understanding. Potentially the 2008 crisis, therefore, has
far-reaching constitutional implications.
This book develops the law of political economy as a new field of
scholarly enquiry. Bringing together an exceptional group of
scholars, it provides a novel conceptual framework for studying the
role of law and legal instruments in political economy contexts,
with a focus on historical transformations and central challenges
in both European and global contexts. Its chapters reconstruct how
the law of political economy plays out in diverse but central
fields, ranging from competition and consumer protection law to
labour and environmental law, giving a comprehensive overview of
the central challenges of the law of political economy. It also
provides a sophisticated and multifaceted framework for further
enquires while outlining the contours of new law of political
economy.
What is to be learned from the chaotic downfall of the Weimar
Republic and the erosion of European liberal statehood in the
interwar period vis-a-vis the ongoing Europeancrisis? This book
analyses and explains the recurrent emergence of crises in European
societies. It asks how previous crises can inform our understanding
of the present crisis. The particular perspective advanced is that
these crises not only are economic and social crises, but must also
be understood as crises of public power, order and authority. In
other words, it argues that substantial challenges to the
functional and normative setup of democracy and the rule of law
were central to the emergence and the unfolding of these crises.
The book draws on and adds to the rich 'crises literature'
developed within the critical theory tradition to outline a
conceptual framework for understanding what societal crises are.
The central idea is that societal crises represent a discrepancy
between the unfolding of social processes and the institutional
frameworks that have been established to normatively stabilize such
processes. The crises at issue emerged in periods characterized by
strong social, economic and technological transformations as well
as situations of political upheaval. As such, the crises
represented moments where the existing functional and normative
grid of society, as embodied in notions of public order and
authority, were severely challenged and in many instances
undermined. Seen in this perspective, the book reconstructs how
crises unfolded, how they were experienced, and what kind of
responses the specific crises in question provoked.
What is to be learned from the chaotic downfall of the Weimar
Republic and the erosion of European liberal statehood in the
interwar period vis-a-vis the ongoing Europeancrisis? This book
analyses and explains the recurrent emergence of crises in European
societies. It asks how previous crises can inform our understanding
of the present crisis. The particular perspective advanced is that
these crises not only are economic and social crises, but must also
be understood as crises of public power, order and authority. In
other words, it argues that substantial challenges to the
functional and normative setup of democracy and the rule of law
were central to the emergence and the unfolding of these crises.
The book draws on and adds to the rich 'crises literature'
developed within the critical theory tradition to outline a
conceptual framework for understanding what societal crises are.
The central idea is that societal crises represent a discrepancy
between the unfolding of social processes and the institutional
frameworks that have been established to normatively stabilize such
processes. The crises at issue emerged in periods characterized by
strong social, economic and technological transformations as well
as situations of political upheaval. As such, the crises
represented moments where the existing functional and normative
grid of society, as embodied in notions of public order and
authority, were severely challenged and in many instances
undermined. Seen in this perspective, the book reconstructs how
crises unfolded, how they were experienced, and what kind of
responses the specific crises in question provoked.
This book explains the emergence and functioning of three forms of
governance structures within the context of the European
integration and constitutionalization process: comitology,
(regulatory) agencies, and the Open Method of Co-ordination. The
point of departure is the insight that the
intergovernmental/supranational distinction, which most theories of
European integration and constitutionalization rely on, has lost
its strength. A new paradigm of EU research is therefore needed.
Against this background, it is suggested that the distinction
between governing and governance provides a more appropriate basis
for analyzing the phenomenon of integration and
constitutionalization in Europe. The distinction between governing
and governance allows for an understanding of the EU as a hybrid
consisting of a governing dimension, characterized by legal and
organizational hierarchy, and a governance dimension which operates
within a network form characterized by legal and organizational
heterarchy. The function of governance structures is to ensure the
embeddedness of the governing dimension in the wider society.
Instead of representing contradictory developments, the two
dimensions are therefore mutually constitutive in the sense that
more governing implies more governance and vice versa. These
theoretical insights are illustrated through two detailed case
studies which respectively reconstruct the operational mode of the
Open Method of Coordination within EU Research & Development
Policy and the regulatory system for the EU chemicals market
(REACH). The book is inter-disciplinary in nature and incorporates
insights from law, political science, and sociology.
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