This book examines the notion that while states may differ in terms of ideology, economic system, and institutional architecture, their role as an organizing framework for system-wide political action and international relations is contingent on a series of competing and oftentimes mutually exclusive factors. This work clarifies factors that contribute to our understanding of the critical roles of systemic and sub-systemic elements of society and how they reinforce the reciprocal problems of human and social organizations, and the institutionalization processes that help to constrain them.
Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
This Handbook comprehensively explores research methods in public administration, management and policy. Exploring the richness of both traditional and contemporary methods and strategies for making progress in the field, it provides an advanced toolkit for understanding the science of public administration and management in the 21st century.
The study of political institutions is among the founding pillars of political science. With the rise of the 'new institutionalism', the study of institutions has returned to its place in the sun. This volume provides a comprehensive survey of where we are in the study of political institutions, covering both the traditional concerns of political science with constitutions, federalism and bureaucracy and more recent interest in theory and the constructed nature of institutions. The Oxford Handbook of Political Institutions draws together a galaxy of distinguished contributors drawn from leading universities across the world. Authoritative reviews of the literature and assessments of future research directions will help to set the research agenda for the next decade.
This book proposes that fundamental concepts of institutional law need to be rethought and revised. Contrary to conventional wisdom, international organizations do not need to have members, and the members do not need to be states and international organizations. Private sector entities may, for instance, also be full members. Furthermore, international organizations do not need to possess international legal personality, nor is their autonomy a corollary of their personality. Moreover, the notion of “subject of international law” also needs to be reconsidered and the very concepts and definitions of “intergovernmental organization” and “international organization” need to change and be defined in a wider manner. In this publication the legal implications of membership are analyzed and a new analytical framework for international organizations is proposed. The argument is propounded that the power of creation of new organizations has passed over to international organizations and other entities while an outlook on future development is also presented. Dr. Gerd Droesse is a recognized specialist in institutional law, international administrative law, complex institutional and financial policy matters and corporate governance issues, with over 30 years of experience in working for international organizations in senior and management positions. He was the Legal Counsel/Acting General Counsel of the Green Climate Fund and assisted the World Green Economy Organization as General Counsel in its transition to a new type of intergovernmental organization.
Institutional theory plays a significant role in contemporary political science. As in the previous editions, the new fourth edition provides an overview of the major institutional approaches in the discipline, as well as considering the possibility of a more integrated institutional theory. This edition also contains two new chapters. One assesses the role of informal institutions and their linkages with formal structures of governing. The second new chapter provides a detailed discussion of the processes of institutionalization and deinstitutionalization.
This book challenges the dominant intellectual assumptions of mainstream international law scholarship regarding the principle of Sovereign Equality. The animus and scope of this challenge is situated in the context of the decision-making processes in International Governmental Organizations (IGOs) which employ the `one state, one vote' and/or the `weighted voting' rule. Using the theories of Functionalism and Legitimacy to analyze the legal implications and complications of the principal voting mechanisms and voting practices of certain key IGOs vis-à-vis the doctrine of Sovereign Equality, the author establishes that this doctrine has remained far too orthodox for contemporary realities. In this context, she emphasizes the importance of the necessity for functional legitimate decision-making processes in global governance, and, accordingly, advocates the elimination of the anachronistic and non-viable principle of Sovereign Equality from international institutional law. The author also rejects the introduction of any new principle in IGOs - e.g. democratic governance - which will render decision-making even less functional.
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
