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OverviewBoth democratic legitimacy and the separation of powers as concepts have very much evolved alongside the state and over the last decades the state has been giving up ground to other power holders, particularly international (and even supranational) actors. This brings up the question of whether the combination of these concepts is still viable outside a traditional state context, and if so, in what form? This is the central question the current volume seeks to answer. In 2013 Christoph Moellers published his impressive monograph, The Three Branches; A Comparative Model of Separation of Powers. This inspirational book led to the idea to pitch it against both the agenda of us as researchers of the Institute of Public Law at Leiden Law School (resulting from a 2012 conference) and our own insights, as well as that of fellow travellers in the field. Full Product DetailsAuthor: Hans Martien ten Napel , Wim VoermansPublisher: Leiden University Press Imprint: Leiden University Press Dimensions: Width: 15.60cm , Height: 2.30cm , Length: 23.40cm Weight: 0.544kg ISBN: 9789087282516ISBN 10: 9087282516 Pages: 384 Publication Date: 01 February 2016 Audience: Professional and scholarly , Professional & Vocational Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsTable of Contents Introduction Hans-Martien ten Napel, Joost Luiten and Wim Voermans Part I: Separation of Powers in a Transnational Era Chapter 1: The Separation of Powers and Constitutional Scholarship Maarten Stremler Chapter 2: Separation of Powers beyond the State: The 'inconveniences of [a]bsolute power' Aoife O'Donoghue Chapter 3: The Agony of Political Constitutionalism within the European Legal Space Patricia Popelier Chapter 4: Accountability and the New Separation of Powers Joseph Corkin Chapter 5: Trias Europea: Notes on Moellers Three Branches Tom Eijsbouts Part II: Legislative Power Chapter 6: The Changing Role of National Parliaments in National Budgetary Matters in Light of the Increasing Centralisation of Fiscal Policy in the EMU Michal Diamant Chapter 7: The Rise of Regulators Wim Voermans Chapter 8: Constitutional Conventions and the UK Human Rights Act: From Parliamentary Sovereignty Towards the Separation of Powers? Gert Jan Geertjes & Luc Verhey Part III: Executive Power Chapter 9: EU Administrative Soft Law and the Separation of Powers Claartje van Dam Chapter 10: Making a Virtue of Necessity: The Role of Discretion in Administrative Implementation Josephine Hartmann Chapter 11: Legitimising Transnational Decision-Making in the EU State Aid Regime Paul Adriaanse Part IV: Judicial Power Chapter 12: Enhancing the Legitimacy of the European Court of Human Rights: Emphasising the Margin of Appreciation Is Not the Way to Go Titia Loenen Chapter 13: Separation of Powers and the Limits to the Constitutionalisation of Fundamental Rights Adjudication by the ECtHR and the CJEU Ingrid Leijten Chapter 14: 'Make it a Better Place': Transnational Public Interest Litigation and the Separation of Powers Jerfi Uzman & Geerten Boogaard Epilogue Chapter 15: Separation of Powers - a Short Manual for the Perplexed Christoph Moellers References Case Law About the Authors IndexReviewsThis work exemplifies the approach European legal scholarship should take: theoretically ambitious, deeply comparative, discursive but pluralistic, and embedded in the challenges of our time. --Armin von Bogdandy, director of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and professor of public law at Goethe University Frankfurt This work exemplifies the approach European legal scholarship should take: theoretically ambitious, deeply comparative, discursive but pluralistic, and embedded in the challenges of our time. --Armin von Bogdandy, director of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and professor of public law at Goethe University Frankfurt This work exemplifies the approach European legal scholarship should take: theoretically ambitious, deeply comparative, discursive but pluralistic, and embedded in the challenges of our time. --Armin von Bogdandy, director of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and professor of public law at Goethe University Frankfurt Author InformationHans-Martien ten Napel is an Associate Professor of Constitutional and Administrative Law at Leiden University. In 2014 he was awarded a Research Fellowship in Legal Studies at the Center of Theological Inquiry (CTI) in Princeton, which enabled him to be in full-time residence at CTI for the academic year 2014-2015. Wim Voermans is a Full Professor of Constitutional and Administrative Law at Leiden University. He is the acting President of the International Association for Legislation. Voermans' current research focuses on Dutch and European constitutional law, with a particular interest in the Dutch and European legislature. Tab Content 6Author Website:Countries AvailableAll regions |
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