Browsing by Subject "legitimacy"

Title: Official Apologies, Reconciliation, and Settler Colonialism: Australian indigenous alterity and political agency Author(s): MOSES, A. Dirk Date: 2011-01-01 Type of Publication: Article Abstract: The burgeoning literature on transitional justice, truth commissions, reconciliation and official apologies tends to ignore the conditions of settler states in which ‘reconciliation’ needs to take account of indigenous ...

Title: The Crisis of the Eurozone Author(s): BOHLE, Dorothee Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: An important tension had been underlying the first decade of the European Monetary Union. On the one hand, governments had embraced a revolutionary prospect when designing its institutions. They called on market forces and ...

Title: “State-Building for Peace” – A New Paradigm for International Engagement in Post-Conflict Fragile States? Author(s): ROCHA MENOCAL, Alina Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: This paper is intended to analyse two leading approaches that have guided international efforts to promote peace and development in conflict-afflicted fragile states since the 1990s, namely peacebuilding and state-building. ...

Title: The OMC and its Patch in the European Regulatory and Constitutional Landscape Author(s): SENDEN, Linda Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: Multi-level forms of governance, as representing a less top-down and more bottom-up approach, have been promoted with a view to enhancing not only the legitimacy of EU action but increasingly also its effectiveness. At the ...

Title: A Farewell to Constitutional Authorship? A Critique of the Presentist Turn in the Legitimacy of Constitutional Democracy Author(s): KUO, Ming-Sung Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: “We the People” and the corresponding concept of constitutional authorship have gripped our imagination of the legitimacy of constitutional democracy since the American and French Revolutions. In contrast to this Big ...

Title: Governance, Proceduralisation and Justice: Some Challenges to the Legal Paradigm Author(s): HENDRY, Jennifer Date: 2008 Type of Publication: Article Abstract: In 1989, Rudolf Wiethöltner alleged that we are witnessing a ‘failure of law’ in terms of its obligation to achieve ‘just law’. This paradox at the very heart of law – in essence, the impossibility of the realisation of ...

Title: Post-Nationalism and the Problem of Supranational Political Representation: Legitimising the EU without the Nation-State Author(s): GLENCROSS, Andrew Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI SPS Abstract: This paper explores post-nationalism through the lens of representation to assess whether post-nationalism is appropriate for legitimising the supranational EU polity. It claims that the concept and the practice of political ...

Title: Legitimating the European Union: The Contested Meanings of an EU Constitution Author(s): OBERHUBER, Florian Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: Following up on a previous study on the Convention on the Future of Europe, the present article investigates the reception of the EU’s constitutional experience in the public. A qualitative analysis of the press coverage ...

Title: Embedded Law. Political Sociology of the European Community of Law: Elements of a Renewed Research Agenda Author(s): VAUCHEZ, Antoine Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: Rather than considering legal and judicial arenas as the mere surface of the heavy social processes that shape European integration, this article contends that they are actually one the essential spaces where the government ...

Title: Free Trade with Hazardous Products? The Emergence of Transnational Governance with Eroding State Government Author(s): JOERGES, Christian Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The historical evolution of free trade has been accompanied by a plethora of debates, concerning both its positive effects and social costs. During the last decade, the subject of these disputes has markedly changed. The ...

Title: Participatory Governance and European Administrative Law: New Legal Benchmarks for the New European Public Order Author(s): NICKEL, Rainer Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: European Governance is more than just a policy instrument without legal significance. Its regulatory sub-divisions, such as Comitology, the Lamfalussy procedure, and the growing number of European administrative agencies, ...

Title: Private and Public Autonomy Revisited: Jürgen Habermas’ Concept of Co-Originality in Times of Globalisation and the Militant Security State Author(s): NICKEL, Rainer Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper examines the concept of constituent power and constitutional form in Jürgen Habermas’ legal philosophy. It argues that a concept of constituent power needs to be embedded in a constitutional theory that can ...

Title: Le traité de Prüm Une vraie-fausse coopération renforcée dans l’Espace de sécurité de liberté et de justice Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper is a first critical analysis of the 'Prüm Convention on deepening transfrontier cooperation, amongst others in view of combating terrorism, transfrontier crime, and illegal migration', which was signed by Austria, ...

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