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.
By:
Emilia Korkea-aho
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Spine: 23mm
Weight: 476g
ISBN: 9781138788039
ISBN 10: 1138788031
Pages: 266
Publication Date: 11 February 2015
Audience:
College/higher education
,
Primary
,
A / AS level
Format: Hardback
Publisher's Status: Active
1 Out With the Courts, In With New Governance?, 2 New Governance in the European Union, 3 Deliberative Democracy in the EU, 4 The Environmental Dimension of the Lisbon and EU 2020 Strategies, 5 European Chemicals Agency, 6 Common Implementation Strategy for the Water Framework Directive, 7 Adjudicating New Governance
Emilia Korkea-aho is Visiting Fellow 2014-15 at the European University Institute, Florence, and Academy of Finland Postdoctoral Researcher, University of Helsinki
Reviews for Adjudicating New Governance: Deliberative Democracy in the European Union
Discursive, closely argued and thorough, this book... is nothing if not forward-looking. - Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
