Suchergebnisse

Two pre-eminent Norwegian scholars of politics and law offer a comprehensive first-hand account of Norway's relationship with the EU and how this affects the country's legal and political system, setting out what Britain can learn from Norway's experience and how transferable these lessons are.

Cover -- Title -- Copyright -- Contents -- List of tables and figures -- Notes on contributors -- Acknowledgements -- Preface -- 1 Introduction: Asymmetry and the problem of dominance -- PART I Forms of association without membership -- 2 The European Union's different neighbourhood models -- 3 The Swiss way: The nature of Switzerland's relationship with the EU -- 4 Switzerland: Bilateralism's polarising consequences in a very particular/ist democracy -- PART II Welcomed, inside, but still unwilling: Two EEA countries assessed -- 5 Despoiling Norwegian democracy -- 6 The EEA and the case law of the CJEU: Incorporation without participation? -- 7 Iceland: A reluctant European -- 8 Norway's constitutional acrobatics under the EEA Agreement -- 9 Representation under hegemony? On Norway's relationship to the EU -- 10 National administrative sovereignty: Under pressure -- 11 Reinforcing executive dominance: Norway and the EU's foreign and security policy -- PART III Sovereignty under hegemony -- 12 The United Kingdom, a once and future(?) non-member state -- 13 Hegemony by association -- Index.

This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick's work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick's passing. Cast in MacCormick's reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher's work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the 'monolithic' and 'nation-state' centered character of standard legal theories.

The European Union is widely held to suffer from a democratic deficit, and this raises a wider question: can democracy at all be applied to decision-making bodies beyond the nation state? Today, the EU is a highly complex entity undergoing profound changes. This book asks how the type of cooperation that the EU is based on can be explained; what are the integrative forces in the EU and how can integration at a supra-national level come about? The key thinkers represented in this volume stress that in order to understand integration beyond the nation state, we need new explanatory categories associated with deliberation because a supranational entity as the EU posesses far weaker and less well-developed means of coercion - bargaining resources - than do states. The most appropriate term to denote this is the notion of 'deliberative supranationalism'. This pioneering work, headed by major writers such as Habermas, Schlesinger and Bellamy, brings a new perspective to this key issue in contemporary politics and political theory.

While considering the EU Withdrawal Bill, the Lords passed an amendment to require the Commons to vote on remaining in the European Economic Area, bringing the possibility of a 'Norway model' for the UK back on the agenda. John Erik Fossum and Hans Petter Graver explain how this works and how it has affected Norway's relationship with the EU.

A unique political animal, the European Union has given rise to important constitutional conundrums and paradoxes that John Erik Fossum and Agustín José Menéndez explore in detail in this book. The authors consider the process of forging the EU's constitution and the set of fundamental norms that define the institutional structure, the decision-making procedures, and the foundations of the Union's democratic legitimacy. Their analysis illuminates the distinctive features of the EU's pluralist constitutional construct but also the interesting parallels to the Canadian constitutional experience and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform. Organismo politico unico, l'Unione europea ha dato luogo a paradossi e enigmi costituzionali importanti che John Erik Fossum e Agustín José Menéndez analizzano a fondo in questo libro. Essi prendono in considerazione il lungo processo volto a dare una costituzione all'Unione Europea e l'insieme delle norme fondamentali che ne definiscono la struttura istituzionale, le procedure decisionali e i fondamenti della legittimità democratica. La loro analisi fa luce sulle caratteristiche peculiari della struttura pluralistica dell'Unione, ma instaura anche un interessante parallelo con l'esperienza costituzionale canadese. In tal modo gli autori forniscono al lettore gli strumenti per comprendere lo sviluppo dell'Unione Europea in particolar modo durante il processo costituzionale di Laeken (2001–2005) e quello di Lisbona (2007–2009).