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Constitutionalism in the Global Realm
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 his...
The Law of Political Economy
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Between Governing and Governance
This book explains the emergence and functioning of three forms of governance structures within the context of the European integration and constitutionalisation 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 constitutionalisation 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 analysing the phenomenon of integration and constitutionalisation in Europe. The...
The Evolution of Intermediary Institutions in Europe
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.
Regulatory Hybridization in the Transnational Sphere
This book examines hybridization as a defining phenomenon of regulatory frameworks in the transnational sphere. The contributions illustrate that globalization contributes to blurring the distinctions between national and international, public and private law; and that hybridization therefore necessitates a rethinking of fundamental legal concepts.
The Financial Crisis in Constitutional Perspective
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 managem...
A Sociology of Constitutions
Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
World Trade and Investment Law Reimagined
World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefits more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in "World Trade and Investment Law Reimagined".
Critical Theories of Crisis in Europe
This book provides truly interdisciplinary analysis, bridging the gap between humanities, legal and social science approaches to the ongoing crisis in Europe.
The Challenge of Inter-legality
The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.
