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Allocating Authority: Who Should Do What in European and International Law?

Allocating Authority: Who Should Do What in European and International Law?

Author: Joana Mendes; Ingo Venzke
Publisher: Hart Publishing
ISBN: 9781509911936

Published In: January 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509938223

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The question of which European and international institutions get to exercise public authority is a hugely contested one. This important new collection offers an innovative approach to the question by arguing that by viewing such authority as relative, it allows for greater understanding of both the allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into the process of governance. Put succinctly, it illustrates that public authority is relative between actors and relative to specific legitimacy assets.

Drawing on the expertise of leading scholars in the field, Allocating Authority offers a thought-provoking and rigorous analysis of this long debated question.

1. Introducing the Idea of Relative Authority

Joana Mendes and Ingo Venzke

Part I: Empirical and Normative Traction

2. Democratic Legitimacy and Executive Rule-making: Positive Political Theory in Comparative Public Law

Susan Rose-Ackerman

3. In Search of a New Model of Checks and Balances for the EU: Beyond Separation of Powers

Eoin Carolan and Deirdre Curtin

4. Bolstering Authority by Enhancing Communication: How Checks and Balances and Feedback Loops can Strengthen the Authority of the European Court of Human Rights

Mikael Rask Madsen

5. Authority Monism in International Organisations: A Historical Sketch

Jochen von Bernstorff

6. No Institution is an Island: Checks and Balances in Global Governance

Andreas von Staden

Part II: Iterations in Practice

7. The Role of the Court of Justice in Shaping the Institutional Balance in the EU

Bruno De Witte

8. Refining Relative Authority: The Judicial Branch in the New Separation of Powers

Joseph Corkin

9. Judicial Review of EU Administrative Discretion: How Far Does the Separation of Powers Matter?

Dominique Ritleng