Law and New Governance in the EU and the US

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Format: Paperback
Pub. Date: 2006-03-01
Publisher(s): Hart Publishing
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Summary

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. It concentrates on the operation of new governance mechanisms in a federal and multilevel context, and looks at the relationship between public and private mechanisms and settings. All the contributors share the common pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism.

Author Biography

Gráinne de Búrca is Florence Ellinwood Allen Professor of Law at NYU Law School.
Joanne Scott is Professor of European Law at University College London.

Table of Contents

Introduction : new governance, law and constitutionalismp. 1
EU constitutionalism and new governancep. 15
Toyota jurisprudence : legal theory and rolling rule regimesp. 37
'Soft law', 'hard law', and EU integrationp. 65
EU race discrimination law : a hybrid model?p. 97
New EU employment governance and constitutionalismp. 121
Solidarity and new governance in social policyp. 153
The European Union and the governance of health carep. 179
Law and new environmental governance in the European Unionp. 211
New governance practices in US health carep. 245
Governing occupational safety in the United Statesp. 269
Information-forcing regulation and environmental governancep. 293
Gender equity regimes and the architecture of learningp. 323
EU constitutionalism and the 'American experience'p. 363
Governance and American political developmentp. 381
Epilogue : accountability without sovereignityp. 395
Table of Contents provided by Blackwell. All Rights Reserved.

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