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

European Union Law › International Law

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

Edited by Joana Mendes · Ingo Venzke
Hart Publishing January 2018

Specifications

ISBN-13
9781509911936
Publisher
Hart Publishing
Publication
January 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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
10. First or Second Best? Judicial Law-making in European Private Law
Chantal Mak
11. Relative Authority in Global and EU Financial Regulation: Linking the Legitimacy Debates
Maurizia De Bellis
12. Relative Authority and Institutional Decision-making in World Trade Law and International Investment Law
Diane A Desierto"
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