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An overview of the role of the Oireachtas in European Union affairs
Gavin Barrett

178 5 Where we stand now: an overview of the role of the Oireachtas in European Union affairs Introduction This chapter describes the role of the Oireachtas in European affairs in the 30th Dáil (2007–​11) and 31st Dáil (2011–​16), the two most recently completed legislative periods.1 There are three main aspects to parliament’s relationship with Government. First, parliament has a role in forming and dismissing governments. Secondly, parliament has a role in policy-​making and law-​making. Thirdly, parliament has a role in rendering the Government accountable.2

in The evolving role of national parliaments in the European Union
João Labareda

inclusiveness, time to participate, and appropriate educational tools, the right to participate may become merely formal. 25 In turn, distributive justice prevents arbitrary rule by empowering citizens to fight for their own rights. It does so by granting them the material means to act within judicial institutions whenever potential abuses are at stake. If one lacks such means, one becomes vulnerable to arbitrary acts by public authorities, as well as other powerful private agents. Having a chance to be part of the law-making process is not enough to realize democracy

in Towards a just Europe
Power, accountability and democracy

Does European integration contribute to, or even accelerate, the erosion of intra-party democracy? This book is about improving our understanding of political parties as democratic organisations in the context of multi-level governance. It analyses the impact of European Union (EU) membership on power dynamics, focusing on the British Labour Party, the French Socialist Party (PS), and the German Social Democratic Party (SPD). The purpose of this book is to investigate who within the three parties determines EU policies and selects EU specialists, such as the candidates for European parliamentary elections and EU spokespersons.

The book utilises a principal-agent framework to investigate the delegation of power inside the three parties across multiple levels and faces. It draws on over 65 original interviews with EU experts from the three national parties and the Party of European Socialists (PES) and an e-mail questionnaire. This book reveals that European policy has largely remained in the hands of the party leadership. Its findings suggest that the party grassroots are interested in EU affairs, but that interest rarely translates into influence, as information asymmetry between the grassroots and the party leadership makes it very difficult for local activists to scrutinise elected politicians and to come up with their own policy proposals. As regards the selection of EU specialists, such as candidates for the European parliamentary elections, this book highlights that the parties’ processes are highly political, often informal, and in some cases, undemocratic.

Open Access (free)
Richard Bellamy

general, public, clear, prospective, stable and applying equally to all. As a result, none are above the law and it is hard to manipulate for self-serving and partial purposes. Another version, examined in section 3, suggests the crucial factor is the process of law-making: equality in the making of the law must be such that legislators show equal concern and respect to different points of view by ‘hearing the other side

in Political concepts
Place, space and discourse
Editors: Christine Agius and Dean Keep

Identity is often regarded as something that is possessed by individuals, states, and other agents. In this edited collection, identity is explored across a range of approaches and under-explored case studies with a view to making visible its fractured, contingent, and dynamic features. The book brings together themes of belonging and exclusion, identity formation and fragmentation. It also examines how identity functions in discourse, and the effects it produces, both materially and in ideational terms. Taking in case studies from Asia-Pacific, Europe, the Middle East and Latin America, the various chapters interrogate identity through formal governing mechanisms, popular culture and place. These studies demonstrate the complex and fluid nature of identity and identity practices, as well as implications for theorising identity.

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The vain search for legal unity in the fragmentation of global law
Andreas Fischer-Lescano and Gunther Teubner

that global law derives its validity exclusively from processes of state law-making and from state sanctions, whether these flow from domestic sources of law or from officially recognised international sources of law. This leads to a further impact of societal fragmentation on law, which requires us both to extend our concept of law to encompass norms lying beyond the legal sources of national and international law, and

in Critical theory and legal autopoiesis
Kevin Harrison and Tony Boyd

early sixteenth century. The Reformation instigated a century of religious wars between Catholics and Protestant powers. By the end of the century the modern state had been established in Western Europe: a centralised power with exclusive law-making and law-enforcing authority over a territory. Conventionally, however, the modern state and state system is dated from the Treaty of Westphalia, which ended both the Thirty Years

in Understanding political ideas and movements
How social subsystems externalise their foundational paradoxes in the process of constitutionalisation
Gunther Teubner

Apologist observers such as Josef Esser counter by maintaining that judicial law-making is more rational than its legislative counterpart. 4 Neither interpretation is satisfactory. Secondly, it has recently been possible to observe a striking return of natural law. While philosophers, historians and legal theorists have been diagnosing the demise of natural law, jurisprudence

in Critical theory and legal autopoiesis
Alistair Cole

WALES AND BRITTANY 135 For the Welsh case, four different dependent variables were extrapolated from the institutional scale, and coded as follows: 1 ‘independent Wales’, 0 ‘others’ (“independence” column in table); 1 ‘elected assembly with law-making and taxation powers’, 0 ‘others (“Assembly with extended competences” column); 1 ‘elected assembly with limited law making and taxation powers’, 0 ‘others’ (“Assembly with limited competences” column); 1 ‘no elected assembly’, 0 ‘others’ (“No elected Assembly” column). Independent variables used included the classic

in Beyond devolution and decentralisation
An interview with David Byrne
Graham Spencer

law-making, I believe that it probably created a psychological framework that would have been of assistance. I also know there were senior officials in the EU Commission who were hugely influential in ensuring there was funding available to help Northern Ireland. So being a member of the EU is important in terms of cultivating inclusivity? I have no doubt about that

in Inside Accounts, Volume II