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The European Union is a new subject for theories of legitimacy, posing fundamental questions to the established concepts and principles of democratic theory. General compliance and popular acceptance and respect for European law is at stake. The volume addresses the main challenges of the European Union to democratic theory. The legitimacy of such transnational institutions born by political integration has so far received some but scant attention. The mere existence of the Union proves that the sovereign state cannot remain the sole focus of normative reflection. Indeed, the very conception of sovereignty is at stake. The present volume combines political science and normative political theory to offer concepts, arguments and criteria that further these debates, addressing problems of principle

The welfare state has been developed first and in its largest extent in North-Western Europe, in Germany, Great Britain, the Netherlands, and Sweden. It is also in these countries where the crisis and financial problems of the welfare state are felt first. The need for restructuring the welfare state is a challenge of a supra-national, European and international scale. The book analyses the different welfare states in Germany, Great Britain, the Netherlands, and Sweden with outlooks to Eastern Europe and Japan and examines the proposals for reforming and restructuring the welfare state in Europe. The book offers a unique combination of empirical and philosophical-ethical analysis of the welfare state

The role of consultants in business life has increased dramatically, along with the need for ethical guidelines for their behaviour. This volume explores consultancy at many levels, in different fields and in different countries, including Eastern Europe. The focus is on the ethics of consultants be they in government, private enterprises, or are lobbying large organizations. The ethics of the client is not ignored either and recommendations are given as to how the client and consultant roles should function. An entire section of the book is dedicated to consultancy and ethics in Eastern Europe, where definitions are perhaps not as `black and white' as in Western Europe. Additionally, this volume explores the question of teaching business ethics to the next generation of business leaders. Ethics is a complicated, often very personal subject. This book gives readers an insight into just how difficult it can be to behave `properly' in today's consulting world

The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

Contemporary esearch on federalism is rarely concerned with its philosophical foundations. However, arguments on why and how best to organise a plurality of states in a multilevel political order have first been discussed by philosophers and inspire contemporary reasoning on international relations not only in political philosophy. This book offers a unique overview from both a historical and a systematic perspective.

"How can businesses and their shareholders avoid moral and legal complicity in human rights violations? This central and contemporary issue in the field of ethics, politics and law is of concern to intergovernmental organizations such as the UN and to many NGOs, as well as investors and employees. In this volume legal scholars and political philosophers identify and address the intertwined issues of moral and legal complicity in human rights violations by companies and those who invest in them. By describing the legal aspects of human rights violations in the corporate sphere, addressing the complicity of companies with regard to such norms and exploring the influence of investors, the book provides a thorough introduction to corporate social responsibility. Human Rights, Corporate Complicity and Disinvestment will set the research agenda on socially responsible investment for years to come"--

A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political deliberations in Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights.

The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Résumé Cet article avance, à contre-courant de toutes les théories délibératives existantes, que les intérêts particuliers doivent être pris en compte dans la délibération démocratique. Deux conditions sont cependant nécessaires afin que l'inclusion des intérêts particuliers dans la délibération apparaisse légitime : l'idéal-régulateur d'absence de pouvoir coercitif et l'encadrement des intérêts particuliers par des principes de justice. Ceci conduit à qualifier de « délibératives » des formes de négociation mettant en jeu des intérêts contradictoires, telles que la négociation intégrative et la négociation « parfaitement coopérative ». L'article se conclut en défendant la complémentarité de la délibération et de mécanismes démocratiques agrégatifs et non-délibératifs.