Carol Harlow - Böcker

The debate over the 'democratic deficit' of the European Union has tended to focus on the legitimacy and representativeness of the European Parliament. It has been the policy-making powers of the Parliament and its struggle to secure the dominant role in law-making which have attracted attention. The dramatic resignation of the Santer Commission early in 1999, following a critical report to the Parliament, highlighted the growing problem of accountability in the European Union and echoed concerns regularly expressed by the European Council during inter-governmental conferences for the efficiency and effectiveness of the Union and its institutions. The resignations were followed by the appointment of President Romano Prodi with a mandate for reform of the Commission.The present book approaches the issue of democratic deficit from the angle of accountability, today seen as an essential element of democratic government. It looks at differing understandings of the concept in the Member States and at various techniques, political, legal, and managerial, by which accountability can be ensured. These include the Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors. The book caters for a general readership and is intended for all those who are interested in the governance of the European Union.The author draws the conclusion that in trans-national forms of governance such as the European Union, it is difficult to hold policy-makers to account. Some of the reasons are institutional, others political and social. Without a vibrant civil society, the very notion of accountability may be a mirage.

This work approaches the issue of democratic deficit from the angle of accountability, seen in contemporary society as an essential element of democratic government. It looks at differing understandings of the concept in the Member States and at various techniques - political, legal, and managerial - by which accountability can be assured. These include the Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors.

The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Within domestic legal systems, there has been a considerable extension of tortious liability which is impinging on the State and its resources. These lectures address statutory and administrative compensation, and examine the influence of group actions and of globalization. Pressure on domestic legal systems has been increased by transnational courts, notably the Court of Human Rights and the European Court of Justice. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.

Group litigation has been recognised by political scientists in the States as a useful method of gaining ground and attracting publicity for pressure groups since the turn of the century. In Britain however, recognition that the courts fill such a role has come more slowly. Despite this lack of recognition, pressure through law is far from a modern phenomenon. As the authors show, such cases can be identified in Britain as early as 1749 when abolitionists used the court to test conflicting views of slavery in common law.This book looks at the extent to which pressure groups in Britain use litigation, presenting a view of the courts as a target for campaigners and a vehicle for campaigning. It begins with a description of the tradition of pressure through law in Britain, tracing the development of a parallel tradition in the United States, which has been influential in shaping current British attitudes.The authors analyse the significance of the political environment in Britain in test-case strategy. In contrast with America, Britain has no written constitution and no Bill of Rights and its lack of Freedom of Information legislation makes both litigation and the monitoring of its effects very difficult. However, the centralised character of the British government means that the effects of lobbying are rather more visible in the corridors of power.The authors examine a large number of case studies in order to analyse current practice, and they look at the rapidly changing European and international scene, discussing transnational law, the European community and the Council of Europe. They also look at the campaign tactics of global organisations such as Amnesty and Greenpeace.Carol Harlow and Richard Rawlings are experienced in public law and familiar with political science literature. They are therefore able to relate legal systems to the political process, in a book designed to be accessible and important to lawyers, to political scientists and to lobby group activists.

Law and Administration takes a contextual approach to administrative law, setting law and legal rules in the context of the social, political and economic forces that shape the law, and of the complex constitutional framework in which contemporary administrative law operates. This book contains a full account of judicial review, the traditional heartland of administrative law, and adds to this by taking into account the concerns of government, officials and agencies who operate and shape the law. It also looks at the possible future of administrative law in an increasingly automated and digitalised world. A fully revised and updated new edition, this book includes new case studies of regulatory agencies and government contracting to develop understanding of law in practice.

Group litigation has been recognised by political scientists in the States as a useful method of gaining ground and attracting publicity for pressure groups since the turn of the century. In Britain however, recognition that the courts fill such a role has come more slowly. Despite this lack of recognition, pressure through law is far from a modern phenomenon. As the authors show, such cases can be identified in Britain as early as 1749 when abolitionists used the court to test conflicting views of slavery in common law.This book looks at the extent to which pressure groups in Britain use litigation, presenting a view of the courts as a target for campaigners and a vehicle for campaigning. It begins with a description of the tradition of pressure through law in Britain, tracing the development of a parallel tradition in the United States, which has been influential in shaping current British attitudes.The authors analyse the significance of the political environment in Britain in test-case strategy. In contrast with America, Britain has no written constitution and no Bill of Rights and its lack of Freedom of Information legislation makes both litigation and the monitoring of its effects very difficult. However, the centralised character of the British government means that the effects of lobbying are rather more visible in the corridors of power.The authors examine a large number of case studies in order to analyse current practice, and they look at the rapidly changing European and international scene, discussing transnational law, the European community and the Council of Europe. They also look at the campaign tactics of global organisations such as Amnesty and Greenpeace.Carol Harlow and Richard Rawlings are experienced in public law and familiar with political science literature. They are therefore able to relate legal systems to the political process, in a book designed to be accessible and important to lawyers, to political scientists and to lobby group activists.

Law and Administration takes a contextual approach to administrative law, setting law and legal rules in the context of the social, political and economic forces that shape the law, and of the complex constitutional framework in which contemporary administrative law operates. This book contains a full account of judicial review, the traditional heartland of administrative law, and adds to this by taking into account the concerns of government, officials and agencies who operate and shape the law. It also looks at the possible future of administrative law in an increasingly automated and digitalised world. A fully revised and updated new edition, this book includes new case studies of regulatory agencies and government contracting to develop understanding of law in practice.

This Handbook uses a thematic and interdisciplinary approach to discuss and analyse the various governance structures of the EU, focusing in particular on how these are administered. Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don't know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen 'voice' and access to policy making. Practical and engaging, this timely Research Handbook is sure to appeal to scholars and researchers of EU administrative law and EU law more broadly. Legal practitioners and EU policy makers will also benefit from its high level of engagement with contemporary deliberations.Contributors include: V. Abazi, M. Baran, T.A. Börzel, K. Bradley, A. Brenninkmeijer, E. Chiti, D. Curtin, H. Darbishire, M. de Visser, G. della Cananea, M. Everson, J. Grimheden, E. Guild, C. Harlow, E.G. Heidbreder, H. Hofmann, C. Joerges, M. Kjaerum, P. Leino, L. Leppavirta, I. Maher, J. Mendes, L. Muzi, N. Póltorak, T. Raunio, R. Rawlings, M. Ruffert, J.-P. Schneider, C. Scott, G. Toggenburg

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.Drawing on the expertise of an impressive selection of contributors, with experience of research in different administrative law fields, this book breaks away from the dominance of doctrinal analysis which permeates the existing literature and explores contemporary, innovative methods of research. Chapters present a concise account of what is known and unknown about administrative law, as well as recasting what was considered known. The book provides an arena for an exchange of ideas, all of which are designed to push scholars into thinking seriously about research methods and to develop novel scholarly agendas that can enrich administrative law.Addressing a void in current research and scholarship, this timely book will be of interest to lawyers and academics keen to push beyond the current boundaries of administrative law. Degree-level students and early career researchers in the fields of comparative and public law will also benefit from this discerning Research Agenda.