Pub Date : 2015-03-06DOI: 10.4337/9781784711627.00012
Neil Walker
The paper revisits the question of the nature and viability of a post-state or cosmopolitan constitutionalism, and of its merits in comparison to state-centred constitutionalism, by reference to a number of deep-rooted antinomies within constitutional thought and practice. The first concerns the structural dimension of constitutionalism, in particular the tension between constitutionalism as an integrated achievement, its features embedded in the specific polity so as to form an indivisible whole, and constitutionalism as a disaggregable achievement, capable of abstraction from the particular polity and, in its abstract form, separable into various generic attributes. The second concerns the ethical dimension of constitutionalism; more specifically the tension between a particular and polity-centred and a universal and polity-transcending understanding of what lends meaning and value to constitutional arrangements, principles and doctrines. The third concerns the functional dimension of constitutionalism, and in particular the tension between gubernaculum and jurisidictio – between a conception of constitutional value that accords priority to governing capacity and one that stresses the importance of constraints upon public power. The fourth and last antinomy concerns the socio-cultural dimension of constitutionalism, and in particular the tension between constitutionalism as the expression of and investment in an already established political way of being, and constitutionalism as a blueprint for progress – a future-oriented project of political community. The paper shows how state constitutionalism has sought, with greater or less success, to find a balance between the contending forces within these four dimensions. Post-national constitutionalism, in contrast, tends to gloss over the antinomic structure of constitutionalism and to take a one-sided approach within each dimension, emphasising abstraction and disaggregation, universalism, jurisdiction and projection against their more culturally grounded alternatives. How prevalent and unavoidable is this tendency, and with what consequences for the legitimacy of transnational constitutional claims?
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Pub Date : 2014-12-26DOI: 10.4337/9781783470426.00028
E. Lwoga, C. Stilwell, P. Ngulube
{"title":"Knowledge management and indigenous organizations with special reference to Tanzania and South Africa","authors":"E. Lwoga, C. Stilwell, P. Ngulube","doi":"10.4337/9781783470426.00028","DOIUrl":"https://doi.org/10.4337/9781783470426.00028","url":null,"abstract":"","PeriodicalId":281274,"journal":{"name":"Edward Elgar Publishing","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130472172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-12-26DOI: 10.4337/9781783473199.00008
M. Peeters, Thomas Schomerus
This chapter maps and analyses the specific position of regional authorities in view of EU climate and energy law. It specifically focuses on the role taken by such authorities in the light of the transition towards a society increasingly employing renewable energy. Section 2 discusses the potential influence exerted by regional authorities through the Committee of the Regions on the development and content of EU climate and energy legislation. Section 3 examines how the Renewable Energy Directive may influence local renewable energy policies, and will particularly point at the need for national governments to set up clear policies for rewarding ambitious local action. Section 4 highlights the specific authorization role regional governments might play in renewable energy projects. Section 5 concludes and gives an outlook on European practice and related research questions.
{"title":"An EU law perspective on the role of regional authorities in the field of renewable energy","authors":"M. Peeters, Thomas Schomerus","doi":"10.4337/9781783473199.00008","DOIUrl":"https://doi.org/10.4337/9781783473199.00008","url":null,"abstract":"This chapter maps and analyses the specific position of regional authorities in view of EU climate and energy law. It specifically focuses on the role taken by such authorities in the light of the transition towards a society increasingly employing renewable energy. Section 2 discusses the potential influence exerted by regional authorities through the Committee of the Regions on the development and content of EU climate and energy legislation. Section 3 examines how the Renewable Energy Directive may influence local renewable energy policies, and will particularly point at the need for national governments to set up clear policies for rewarding ambitious local action. Section 4 highlights the specific authorization role regional governments might play in renewable energy projects. Section 5 concludes and gives an outlook on European practice and related research questions.","PeriodicalId":281274,"journal":{"name":"Edward Elgar Publishing","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132589650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Examining the ‘who’ (agents), ‘how’ (policy instruments) and ‘why’ (societal legitimacy) of the governance process, this book presents a conceptual framework about the governance of change in socio-technical systems. Bridging the gap between disciplinary fields, expert contributions provide innovative empirical cases of different modes of governing change. The Governance of Socio-Technical Systems offers a stepping-stone towards building a theory of governance of change and presents a new research agenda on the interaction between science, technology and society.
{"title":"The Governance of Socio-Technical Systems: Explaining Change","authors":"S. Borrás, J. Edler","doi":"10.4337/9781784710194","DOIUrl":"https://doi.org/10.4337/9781784710194","url":null,"abstract":"Examining the ‘who’ (agents), ‘how’ (policy instruments) and ‘why’ (societal legitimacy) of the governance process, this book presents a conceptual framework about the governance of change in socio-technical systems. Bridging the gap between disciplinary fields, expert contributions provide innovative empirical cases of different modes of governing change. The Governance of Socio-Technical Systems offers a stepping-stone towards building a theory of governance of change and presents a new research agenda on the interaction between science, technology and society.","PeriodicalId":281274,"journal":{"name":"Edward Elgar Publishing","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133437155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Promoting sustainable consumption : The risks of using financial incentives","authors":"J. Bolderdijk, L. Steg","doi":"10.4337/9781783471270.00033","DOIUrl":"https://doi.org/10.4337/9781783471270.00033","url":null,"abstract":".......................................................................................................................................... 3","PeriodicalId":281274,"journal":{"name":"Edward Elgar Publishing","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123679473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-04-25DOI: 10.4337/9781781007341.00022
M. Beukes
{"title":"Handbook on the Law of Cultural Heritage and International Trade","authors":"M. Beukes","doi":"10.4337/9781781007341.00022","DOIUrl":"https://doi.org/10.4337/9781781007341.00022","url":null,"abstract":"","PeriodicalId":281274,"journal":{"name":"Edward Elgar Publishing","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117158304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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