Governance and Constitutionalism Law, Politics and Institutional Neutrality

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Synopsis

This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ‘independent agencies’ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission.
The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ‘agentification’ as a result of internationalisation, and ‘agentification’ as a reflex and consequence of transnational polity-building within the EU.

Book details

Series:
Studies in the Sociology of Law
Author:
Bogdan Iancu, Elena Simina Tă, N 259, Sescu
ISBN:
9781351798938
Related ISBNs:
9781315207216, 9780367519902, 9781138633674, 9781138633674, 9780367519902
Publisher:
Taylor and Francis
Pages:
206
Reading age:
Not specified
Includes images:
No
Date of addition:
2020-03-08
Usage restrictions:
Copyright
Copyright date:
2019
Copyright by:
N/A 
Adult content:
No
Language:
English
Categories:
Law, Legal Issues and Ethics, Nonfiction, Politics and Government