Law and new governance in the EU and the US

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Law and new governance in the EU and the US

edited by Gráinne de Búrca and Joanne Scott

Hart, 2006

  • : pbk

Available at  / 15 libraries

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Includes bibliographical references and index

Description and Table of Contents

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.

Table of Contents

Introduction: New Governance, Law and Constitutionalism Grainne de Burca 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? Grainne de Burca 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

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