Public procurement, services and supplies Books

Book SynopsisPart of a series designed to explore the role of law in structuring human relationships, this collection of essays re-evaluates the public-private divide to examine how it affects the legal forms that shape our personal relationships.Table of ContentsIntroduction / Nathalie Des Rosiers1 There’s Only One Worker: Toward the Legal Integration of Paid Employment and Unpaid Caregiving / Lisa Philipps2 Private Needs and Public Space: Politics Poverty and Anti-Panhandling Bylaws in Canadian Cities / Damian Collins and Nicholas Blomley3 Private Life: Biotechnology and the Public-Private Divide / Nathan Brett4 Invasions of Publicity: Digital Networks and the Privatization of the Public Sphere / Darin Barney5 Green Revolution or Greenwash? Voluntary Environmental Standards, Public Law, and Private Authority in Canada / Stepan Wood6 The Emergence of Identity-Based Associations in Collective Bargaining Relations / Christian BrunelleContributorsIndex

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Book SynopsisAn in-depth exploration of welfare fraud in America, focusing on both victims of complex public policy and those who manipulate the systemTrade ReviewThe 1990s ushered in an era of neoliberal changes in the US in public policies aimed at the poor. Key to these modifications was a shift in ideological thought that mandated personal responsibility for all. Poverty researchers have always paid attention to the hegemonic discourses that shaped public policy, ranging from regulating the behaviors of the poor, to determining which poor are worthy of assistance, to punishing the poor (e.g., Loïc Waquant, Punishing the Poor, 2009; Michael Katz, The Undeserving Poor, 1989). Gustafson (law, Connecticut) continues this tradition by focusing on how US welfare policy has increasingly become criminalized despite the polyvocality of welfare recipients. She examines the similarities and differences of 34 female and male respondents concerning their knowledge, perspectives, and experiences of the rules and sanctions governing welfare. The author begins by offering a comprehensive overview of US poverty embedded within a criminalization of poverty,and draws upon rational choice theory to conceptually frame her arguments. She adeptly demonstrates the need for a new paradigm that embodies the words of the Founding Fathers to "promote the general Welfare" of all US citizens. Students and researchers alike will benefit from her multidisciplinary approach. Summing Up:Recommended.Most levels/libraries. * Choice *Cheating Welfare is simultaneously compassionate and scholarly. Gustafson provides a rare insider perspective on how citizens understand and use welfare. The stories that she relates are a testament to the resilience and strength of people caring for others as best they can in the face of great adversity. Her discussion of necessary, sometimes inadvertent, non-compliance as a form of resistance brings a more complex understanding to theories of rule abidance. This compelling book is a must-read for students, policymakers, and scholars who wish to have informed opinions based on how policies actually shape the behavior of and outcomes for low-income citizens in the context of their complex lived reality. -- Corey Shdaimah,author of Negotiating JusticeThe book is a readable account of welfare mothers (and a few fathers), emphasizing how these people understand and often violate the rules they are supposed to follow. It would be useful in a course on welfare or perhaps as supplementary reading in a course on poverty. -- C. Emory Burton * Contemporary Sociology *Three categories of welfare recipients emerged from these interviews, the Informed, the Misinformed, and the Preoccupied/Disengaged. Gustafson's main contribution to our understanding of welfare is to show how these categories differ from our assumptions regarding recipients. Through liberal use of interviewee quotes, matched with relevant background on their lives, Gustafson proves that the welfare recipients differ in significant ways from each other and also from the monolithic stereotype. In doing so, Gustafson shows that by listening to the voices of the poor we can better understand the shortfalls of policies designed to help the poor. -- Ezra Rosser * Yale Human Rights & Development *Table of ContentsAcknowledgments List of Abbreviations 1 Introduction 2 Reconstructing Social Ills: From the Perils of Poverty to Welfare Dependency 3 The Criminalization of Poverty 4 A Glimpse at the Interviewees 5 Living within and without the Rules 6 Engaging with Rules and Negotiating Compliance 7 Contextualizing Criminality, Noncompliance, and Resistance 8 Cheating Ourselves Appendix A: Critical Methodology Appendix B: Interview Schedule Works Cited Index About the Author

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Book SynopsisChallenges assumptions about welfare policies, welfare recipients, and crime controlTrade Review"The 1990s ushered in an era of neoliberal changes in the US in public policies aimed at the poor. Key to these modifications was a shift in ideological thought that mandated personal responsibility for all. Poverty researchers have always paid attention to the hegemonic discourses that shaped public policy, ranging from regulating the behaviors of the poor, to determining which poor are worthy of assistance, to punishing the poor (e.g., Loïc Waquant, Punishing the Poor, 2009; Michael Katz, The Undeserving Poor, 1989). Gustafson (law, Connecticut) continues this tradition by focusing on how US welfare policy has increasingly become criminalized despite the polyvocality of welfare recipients. She examines the similarities and differences of 34 female and male respondents concerning their knowledge, perspectives, and experiences of the rules and sanctions governing welfare. The author begins by offering a comprehensive overview of US poverty embedded within a criminalization of poverty,and draws upon rational choice theory to conceptually frame her arguments. She adeptly demonstrates the need for a new paradigm that embodies the words of the Founding Fathers to "promote the general Welfare" of all US citizens. Students and researchers alike will benefit from her multidisciplinary approach. Summing Up:Recommended.Most levels/libraries." * Choice *"Cheating Welfare is simultaneously compassionate and scholarly. Gustafson provides a rare insider perspective on how citizens understand and use welfare. The stories that she relates are a testament to the resilience and strength of people caring for others as best they can in the face of great adversity. Her discussion of necessary, sometimes inadvertent, non-compliance as a form of resistance brings a more complex understanding to theories of rule abidance. This compelling book is a must-read for students, policymakers, and scholars who wish to have informed opinions based on how policies actually shape the behavior of and outcomes for low-income citizens in the context of their complex lived reality." -- Corey Shdaimah,author of Negotiating Justice"The book is a readable account of welfare mothers (and a few fathers), emphasizing how these people understand and often violate the rules they are supposed to follow. It would be useful in a course on welfare or perhaps as supplementary reading in a course on poverty." -- C. Emory Burton * Contemporary Sociology *"Three categories of welfare recipients emerged from these interviews, the Informed, the Misinformed, and the Preoccupied/Disengaged. Gustafson's main contribution to our understanding of welfare is to show how these categories differ from our assumptions regarding recipients. Through liberal use of interviewee quotes, matched with relevant background on their lives, Gustafson proves that the welfare recipients differ in significant ways from each other and also from the monolithic stereotype. In doing so, Gustafson shows that by listening to the voices of the poor we can better understand the shortfalls of policies designed to help the poor." -- Ezra Rosser * Yale Human Rights & Development *Table of ContentsAcknowledgments List of Abbreviations 1 Introduction 2 Reconstructing Social Ills: From the Perils of Poverty to Welfare Dependency 3 The Criminalization of Poverty 4 A Glimpse at the Interviewees 5 Living within and without the Rules 6 Engaging with Rules and Negotiating Compliance 7 Contextualizing Criminality, Noncompliance, and Resistance 8 Cheating Ourselves Appendix A: Critical Methodology Appendix B: Interview Schedule Works Cited Index About the Author

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Book SynopsisThis book explores the application of concepts of fiduciary duty or public trust in responding to the policy and governance challenges posed by policy problems that extend over multiple terms of government or even, as in the case of climate change, human generations. The volume brings together a range of perspectives including leading international thinkers on questions of fiduciary duty and public trust, Australia''s most prominent judicial advocate for the application of fiduciary duty, top law scholars from several major universities, expert commentary from an influential climate policy think-tank and the views of long-serving highly respected past and present parliamentarians. The book presents a detailed examination of the nature and extent of fiduciary duty, looking at the example of Australia and having regard to developments in comparable jurisdictions. It identifies principles that could improve the accountability of political actors for their responses to major problems thaTrade Review'These stimulating essays confront the incapacity of our democratic and international institutions to meet the challenge of Carbon emissions. The authors canvass the possibility of refining and developing existing legal concepts, including the public trust doctrine, the fiduciary duty, integrity regimes and sovereign trust obligations, so as to breathe life into our institutions and equip them to meet that challenge.' Sir Anthony Mason, AC, KBE, QC, formerly ninth Chief Justice of the High Court of AustraliaTable of ContentsChapter 1 Rulers’ Duties to Our Environment?, Ken Coghill, Charles Sampford, Tim Smith; Chapter 2 Fiduciary Duty and Climate Governance: Challenges for International Diplomacy and Law, Will McGoldrick, Donald Feaver, Andrew Maver; Chapter 3 Public Trusts and Fiduciary Relations, Paul Finn; Chapter 4 Trust, Governance and the Good Life, Lisi Oliver, Charles Sampford; Chapter 5 Public Officials, Public Trusts and Fiduciary Duties, John Glover; Chapter 6 Atmospheric Trust Litigation Across the World, Mary Christina Wood; Chapter 7 Fiduciary Principles and International Organizations, Donald Feaver; Chapter 8 High Court of Australia on Fiduciary Theory, Rosemary Teele Langford; Chapter 9 Applying Fiduciary Duty in Real Politik, Andrew Murray; Chapter 10 Fiduciary Duty, Democracy and the Rule of Law, Robert Clark; Chapter 11 The Role of Fiduciary Duty in Safeguarding the Future, Kelvin Thomson; Chapter 12 A Ponzi Scheme on the Environment? Failures of Fiduciary Duty and the Challenges of Climate Governance, Fiona Haines; Chapter 13 From Fiduciary States to Joint Trusteeship of the Atmosphere: The Right to a Healthy Environment through a Fiduciary Prism, Evan Fox-Decent; Chapter 14 Conclusion, Ken Coghill, Charles Sampford, Tim Smith;

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Book SynopsisThe history of incorporations legislation and its administration is intimately tied to changes in social beliefs in respect to the role and purpose of the corporation. By studying the evolution of the corporate form in Britain and a number of its colonial possessions, the book illuminates debates on key concepts including the meanings of laissez faire, freedom of commerce, the notion of corporate responsibility and the role of the state in the regulation of business. In doing so, A Social History of Company Law advances our understanding of the shape, effectiveness and deficiencies of modern regulatory regimes, and will be of much interest to a wide circle of scholars.Trade Review'McQueen's timely book fills a gap in the literature by covering a period that was not studied comprehensively in recent decades. Its social history approach, particularly apt in the current period of corporate governance crisis, places company law in a thicker context. The book extends beyond Britain into its Empire and thus should interest a wider circle of scholars.' Ron Harris, Tel Aviv University, Israel 'This is a carefully argued and richly detailed piece of corporate law and legal history scholarship which should become a standard reference. It underlines the vital importance of understanding history for anyone who wishes to be truly engaged in current debates about the regulation, governance and social responsibility of corporations. ' Stephen Bottomley, ANU College of Law, Australia 'Rob McQueen reveals the modern corporate form as an embodiment of narrow interests and values; a product of political and ideological choices. Brilliant, thoroughly researched and elegantly written, A Social History of Company Law not only demonstrates the origins of the corporation, but also inspires the question - how might it be remade into something different?' Joel Bakan, University of British Columbia, Canada 'This path-breaking study provides a fascinating comparative social history of company law in Britain and the Australian Colonies, their relationship to colonialism, empire building and imperialism, and their larger socio-economic significance. McQueen effectively mines the archives and secondary literature to advance our understanding of the institutional legacies of the past and to offer a nuanced account of how the history of company law in Britain and the Australian Colonies laid the foundation for similar but divergent patterns of contemporary corporate governance. The book is clear and accessible, and will be of interest to students and scholars in Law and History, and to those concerned with the interplay between law and society.' David Sugarman, UniveTable of ContentsContents: Introduction; Social attitudes to company law: 1720-1855; Christian Socialism and the debate on limited liability; The reasons for the enactment of, and the form taken by, English limited liability legislation,1855-1856; The first 15 years of limited liability company legislation in England 1855-1870; The 1870s and early 1880s: the growing acceptability of limited liability incorporation; The consolidation of company law 1886-1914; Limited liability company legislation in the colonies: the Australian experience 1864-1920; Conclusions; Appendix; Bibliography; Index.

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Book SynopsisThis groundbreaking book contributes to, and refocuses, public debates about the incorporation of plural approaches into the English legal system. The book specifically advances the recent, largely theoretical, discussions of Sharia legal practice by examining a secular method of dispute resolution as practised by the Kurdish Peace Committee in London. Following migration to the West, many Kurds still adhere to traditional values and norms. Building on these, they have adapted their customary legal practices to create unofficial legal courts and other forms of legal hybridisation. These practical solutions to the challenges of a pluralistic life are seen by Kurdish communities in the UK as applicable not only to British and transnational daily life, but also as a training ground for institutions in a possible future Kurdish state. The study provides a substantive evidence base using extensive ethnographic data about the workings of the Kurdish Peace Committee, examining detailed case sTrade Review'Dr Tas’ path-breaking empirical study of dispute processing in Britain’s Kurdish community underpins his superb book. Using case studies, ethnographic observation and rich interview material, and setting everything in historical and cultural context, he illustrates how legal pluralism can be an everyday reality for ethnic minority groups, and why state law so often does not help to solve their problems. This is essential reading for anyone interested in problems of regulating multicultural societies today.' Roger Cotterrell, Queen Mary, University of London, UK 'This insightful study illustrates the beneficial role of community cohesion, based on non-state law, in the midst of London. The rich and unique experience of the Kurdish Peace Committee, without sliding into religious dogmatism or patriarchal authoritarianism, proves the strength of living law today, engaging people’s power to settle disputes in the shadow of the state.' Werner Menski, SOAS, University of London, UK 'A ground breaking ethnographic study that provides a unique perspective into alternative dispute resolution processes and mechanisms among Kurds in the diaspora. Many have written on the history and political aspirations of Kurdish people in the past, but this is the very first study in the English language that not only challenges prevailing ways of thinking about the emergence of ethno-nationalist subjectivities and demands, particularly those dealing with the Kurdish identity, but also introduces a whole new set of methodological tools, a new epistemology and a refreshing socio-legal perspective that have been long wanting in the field of Kurdish Studies.' Yüksel Sezgin, Syracuse University, USA 'This timely book is an important contribution and offers a rare insight into the unique and hybrid system with which the diasporic Kurdish community in London deals with conflict resolution.' Welat Zeydanlioglu, Kurdish Studies Network, Sweden ’...a unique and timely contribution toTable of ContentsList of Abbreviations, Glossary, Acknowledgements, Introduction, 1 Legal Pluralism, 2 Kurds in Turkey: The Historical Background, 3 Kurds in the UK: Settlements and Processing of their Needs, 4 Marriage, Rituals and Conflicts in Kurdish Society, 5 Business and Criminal Disputes and their Customary Solutions, Concluding Thoughts, Bibliography, Index

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Book SynopsisIn a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate challenges faced by companies and stakeholders in improving human rights iTrade Review"An important contribution to a vital subject, this excellent primer on business and human rights offers valuable insight for both current and future practitioners. Recognizing the challenges and preparing effectively are vital to drive responsible and sustainable business." Paul Polman – Chief Executive Officer, Unilever "Baumann-Pauly and Nolan have written an important and ambitious book, tackling a topic that remains increasingly urgent and still understudied: how to integrate human rights concerns into global business. The editors skillfully examine the complex history of this topic and sketch out a number of realistic strategies that stakeholders can use to bring human rights issues more forcefully into the corporate environment. The book will be a useful tool for educating both future and current business leaders." Debora Spar - President, Barnard College, Columbia University, New York, USA. Table of ContentsChapter 1 The relationship of human rights to business; Business and human rights in context, JustineNolan; Making the business case for human rights: an assessment, DorothéeBaumann-Pauly, MichaelPosner; Bhopal: the saga continues 31 years on, SuryaDeva; Rana Plaza: the collapse of a factory in Bangladesh and its ramifications for the global garment industry, JustineNolan; Chapter 2 Regulatory framework and Guiding Principles; Mapping the movement: the business and human rights regulatory framework, JustineNolan; The United Nations ‘Protect, Respect, Remedy’ Framework and Guiding Principles, ChipPitts; Incorporating human rights: lessons learned, and next steps, John GerardRuggie; A business and human rights treaty, JustineNolan; Towards a business and human rights treaty?, ArvindGanesan; Chapter 3 Business and human rights; From side show to main act: can business and human rights save corporate responsibility?, FlorianWettstein; Implementing human rights in global business: high performance with high integrity, Ben W.HeinemanJr.; Human rights ‘intrapreneurs’: challenges and keys to success, ChristineBader; The social licence: one way of thinking about business and human rights, JohnMorrison; Salient human rights issues: when severe risks to people intersect with risks to business, CarolineRees, RachelDavis; Chapter 4 Defining and implementing human rights standards industry by industry; Setting and enforcing industry-specific standards for human rights: the role of multi-stakeholder initiatives in regulating corporate conduct, DorothéeBaumann-Pauly, JustineNolan, SarahLabowitz, Auretvan Heerden; The Fair Labor Association: improving workers’ rights in global supply chains, Auretvan Heerden; The Global Network Initiative: how can companies in the information and communications technology industry respect human rights?, MichaelSamway; Extractives and multi-stakeholder initiatives: the Voluntary Principles on Security and Human Rights; the Extractive Industries Transparency Initiative; the Kimberley Process Certification Scheme, ScottJerbi; The emergence of the International Code of Conduct for Private Security Service Providers, Anne-MarieBuzatu; Standard setting for agriculture, MichaelPosner; The Coalition of Immokalee Workers and the Campaign for Fair Food: the evolution of a business and human rights campaign, JoanneBauer; Chapter 5 Key constituents that drive the implementation of business and human rights; The role of civil society in business and human rights, ChrisJochnick, LouisBickford; Workers’ rights in the business and human rights movement, BarbaraShailor; Shopping for a better world: how consumer decisions can help to promote sustainability and human rights, GuidoPalazzo, FelicitasMorhart, JudithSchrempf-Stirling; Investors: models and strategies for engaging with human rights, MaryDowell-Jones; Thinking long-term: investment strategies and responsibility, Mattie J.Bekink; Investors and human rights: values, risk and materiality, BennettFreeman; Chapter 6 Accountability and remedy; The meaning of accountability, SimonZadek; Introduction to Sections; Business and human rights litigation in US courts before and after Kiobel, William S.Dodge; Holding multinational corporations accountable for human rights violations: litigation outside the United States, ChristineKaufmann; Access to remedy: non-judicial grievance mechanisms, KristenGenovese; Introduction to Sections; The rise of non-financial disclosure: reporting on respect for human rights, AmolMehra, SaraBlackwell; Mandatory human rights reporting, Anthony P.Ewing; Chapter 7 Global rules, private actors We live in a world of global supply chains, Richard M.Locke; The future of business and human rights: challenges and opportunities, DorothéeBaumann-Pauly, JustineNolan, MichaelPosner;

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Book SynopsisThis collection of essays covers a broad spectrum of Canadian problems in public law. The contributors have prepared the volume in honour of Dean Emeritus F.C. Cronkite of the College of Law at the University of Saskatchewan. All former students of Professor Cronkite, they include some of the most eminent scholars and lawyers in the field. The Honourable W.R. Jackett has contributed an essay on the foundations of Canadian law in history and theory, E.A. Driedger writes on the Canadian Bill of Rights, E.A. Tollefson’s tpic is freedom of the Press, and B.L. Strayer’s essay is on Crown immunity and the power of judicial review. The remaining four essays are: a discussion of judicial review of proceedings of administrative tribunals, by the Honourable M.J. Woods, a discussion of the legislative power to create corporate bodies and public monopolies, by Dean Lederman, a discussion by D.G. Blair, of the dilemma posed by the questions of combines, and a suggestion for a solut

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Book SynopsisTaking a critical attitude of dissatisfaction towards rights, the central premise of this book is that rights are technologies of governmentality. They are a regulating discourse that is itself managed through governing tactics and techniques – hence governing (through) rights. Part I examines the 'problem of government' (through) rights. The opening chapter describes governmentality as a methodology that is then used to interrogate the relationship between rights and governance in three contexts: the international, regional and local. How rights regulate certain identities and conceptions of what is good governance is examined through the case study of non-state actors, specifically the NGO, in the international setting; through a case study of rights agencies, and the role of experts, indicators and the rights-based approach in the European Union or regional setting; and, in terms of the local, the challenge that the blossoming language of responsibility and community poses to rights in the name of less government (Big Society) is problematised. In Part II, on resisting government (through) rights, the book also asks what counter-conducts are possible using rights language (questioning rioting as resistance), and whether counter-conduct can be read as an ethos of the political, rights-bearing subject and as a new ethical right. Thus, the book bridges a divide between critical theory (ie Foucauldian understandings of power as governmentality) and human rights law.Table of ContentsPart I: Government (Through) Rights 1. Introduction 2. Governing (Through) Agencies: The EU and Rights in EUrope 3. Governing (Through) Non-Governmental Actors: The Global Human Rights Architecture and the International NGO Part II: Resisting Government (Through) Rights 4. Resisting Rights with Responsibility 5. Counter-Conduct as Right and as Ethics 6. Conclusion: A Permanent State of Dissatisfaction

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Book SynopsisThis compilation of essays, articles and research provides a clear and concise overview of many of the complexities of public sector ethics, including post-employment restrictions on government employees, whistle-blowing, pro bono work, regulation of honoraria, royalties and travel reimbursements, financial disclosure filing requirements, gift giving, conflicts of interest, and issues in enforcement of local ethics law.

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Book SynopsisKirchliche Hochschulen unterliegen als Bildungseinrichtungen in nicht-staatlicher Trägerschaft sowohl kirchlichen als auch staatlichen Regelungen. Auch für theologische Fakultäten an staatlichen Hochschulen sind neben den staatlichen auch kirchliche Regelwerke einschlägig. Der Band erläutert in zwei Beiträgen Begriff und Wesen der kirchlichen, vor allem der katholischen Hochschulen und ordnet sie in das staatliche sowie kirchliche Normengeflecht ein. Dabei befasst sich Rüfner mit dem Verhältnis der kirchlichen Hochschulen zum staatlichen Hochschulrecht, während der Schwerpunkt des Beitrags von Rhode auf dem kirchlichen Recht, hier dem Recht der katholischen Kirche, liegt. Grundlage der Beiträge sind die Referate der Autoren, die sie im Rahmen eines Symposions zu Ehren des renommierten Kirchenrechtlers und langjährigen Herausgebers der Entscheidungssammlung "KirchE" Prof. Dr. Manfred Baldus, Vorsitzender Richter am Landgericht a.D., im März 2010 gehalten haben.

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Book SynopsisThe low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.

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Book SynopsisDie Geschichte des öffentlichen Rechts ist schon immer die Geschichte einer Unterscheidung des Rechts von anderen Arten der Normativität im Bereich der hoheitlichen Verwaltung gewesen. An Regelungen und Normen herrscht bekanntlich auch in Diktaturen kein Mangel. Lässt sich im Hinblick auf derartige Normen, die ausschließlich der Planung, Programmierung und Steuerung dienen, tatsächlich von öffentlichem Recht sprechen? Was macht die Verrechtlichung der öffentlichen Sphäre aus, die den echten Rechtsstaat kennzeichnet? Die These dieses Buches lautet, dass allein der Bestand und der Umfang subjektiver Rechte für die Verrechtlichung der hoheitlichen Sphären maßgeblich sind. Eine Theorie des öffentlichen Rechts, die rechtsstaatlichen Ansprüchen genügen möchte und gegen politischen Missbrauch immunisiert werden soll, muss konsequent vom subjektiven öffentlichen Recht her entwickelt werden.

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Book SynopsisDie Mitgliedstaaten der Europäischen Union bedienen sich in zahlreichen Politikfeldern nicht einer durch die gemeinsame Rechtsetzung geprägten Integrationsmethode, sondern einer vorwiegend lediglich politisch verbindlichen "Methode der Koordinierung". Christopher Schoenfleisch beleuchtet die Funktionsweisen, Vorzüge und Defizite dieser Methode im Prozess der Europäischen Integration. Am Beispiel der durch eine solche Koordinierung geprägten Europäischen Wirtschaftsunion arbeitet er die Koordinierungsmechanismen vor dem Hintergrund des europäischen Kompetenz- und Legitimationsrahmens dogmatisch auf. Die Reform der Europäischen Wirtschaftsunion im Zuge der ab dem Jahre 2010 aufgekommenen Eurokrise verdeutlicht dabei das grundlegende politische Dilemma der Koordinierung: Der Zugewinn an gemeinsamer politischer Handlungsfähigkeit ist nur zum Preis des Verlusts demokratischer Legitimation zu haben.

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Book SynopsisIm Zentrum des Jahrgangs 2018 des Jahrbuchs stehen Fragen des Rechtspluralismus. Das Schwerpunktthema "Einheitliches Recht und Vielfalt der einzelstaatlichen Rechtskulturen" geht Fragen nach der Abgrenzung und Verzahnung von Rechtsordnungen nach: in der Rechtsprechung des EGMR, in der Venedig-Kommission, in der Europäischen Union, aber auch beim Vollzug der Gesetze. Im Debattenthema werden aktuelle Herausforderungen der Demokratie in Zeiten der Migration erörtert: Was bedeutet die weitere Pluralisierung der Bevölkerung für die Demokratie, lautet die Kernfrage, der kontroverse und kritische Debattenbeiträge nachgehen. Im verfassungsvergleichenden Teil liegt der Schwerpunkt diesmal bei Fragen des gliedstaatlichen Verfassungsrechts und der Binnenrechtsvergleichung. Wie immer runden verfassungsrechtliche Abhandlungen, darunter auch von ausländischen Autorinnen und Autoren das Jahrbuch ab, in dem überdies durch eine Reihe von Essays an den 2017 verstorbenen Staatsrechtslehrer und Rechtspolitiker Horst Ehmke erinnert wird.

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