On Lawmaking and Public Trust

Author: Suzanne Comtois; Kars de Graaf
Publisher: Eleven International Publishing
ISBN: 9789462366848
Published In: May 2016
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 551.95

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Description
Contents

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Over the last decades, the evolution of public law has been marked by a trend towards the diversification of sources and forms of law, processes and governance tools. In our globalized world, various factors – such as the increasing importance of European law, international law and fundamental rights, as well as the greater prevalence of social and economic concerns – have tended to justify the need to harmonize legal norms and practices and, thus, to open the borders of legal normativity. The increased interaction between legal systems and other sources of normativity that has followed has led to the coexistence of a diversity of normative authorities (ranging from civil society and the industry itself, to European and international organizations). It has also resulted in the emergence, within domestic law, of a broad range of norms grounded in different sources of legitimacy and with varying degrees of normative force, not merely constrained to the narrow formal definition of “legal norm”.

This book explores ways in which public lawmaking is changing and examines the impact of such changes on the law itself, on the lawmaking processes, and on the role of decision-makers (judges, public administrators and stakeholders). It also questions the legitimacy of the new governance tools that have emerged from this transformation as well as their impact on the public’s trust and confidence.

Introduction

Contemporary Lawmaking and Public Trust: Challenges, Threats and Opportunities

Chapter 1 "Front-Door" Versus "Back-Door" Lawmaking. A Case Study Concerning German Responses to the Challenges of the Aarhus Convention

Chapter 2 Who Decides What is Significant? The Case of Nitrogen Deposition on Dutch and German Natura 2000 Sites

Chapter 3 Goal Regulation, Democracy and Organised Distrust

Chapter 4 Principles-Based Regulation and Public Trust in the Post-Crisis World: The Dutch Case of Financial Services

Chapter 5 Public Trust and the Preparation of Regulation: The Case of Ex Ante Studies in the Netherlands

Chapter 6 Policy Change and Public Trust The Case of the Atomausstieg in Germany: Who Has to Pay?

Chapter 7 On Administrative Adjudication, Administrative Justice and Public Trust. Analyzing Developments on Access to Justice in Dutch Administrative Law and its Application in Practice

Chapter 8 Participation Societies or Repressive Welfare States?

Chapter 9 Public Trust in the Regulatory Welfare State

Chapter 10 Crowding Out Administrative Justice

Chapter 11 Mediation and the Psychology of Trust within Organizations

Chapter 12 Tacit Authorization: a Legal Solution for Administrative Silence

Chapter 13 The European Citizens' Initiative's Role in Having the Grass Roots Associations Connect to the European Public Sphere

Chapter14 The Influence of Economic Agents in the Lawmaking Process of Environmental Laws: The Case of Waste Electrical and Electronic Equipment (WEEE) Legislation in Europe

Closing Chapter Rethinking Lawmaking and Public Trust: Five Lessons from the Low Countries.