This book is unique as the only book on the Portuguese parliament in English. The Portuguese parliament is a valuable case study to understand the different stages of development of a newly democratic parliament. From Legislation to Legitimation shows that, as democracy developed, the role of the Portuguese parliament changed considerably. Whereas in the first years of democracy the Assembleia da Republica was centred on its legislative role, during the second decade its legitimation role expanded, making scrutiny parliament's main function.

What is a 'rational framework' for legislation? Although legislation and regulation is the result of a political process, can they also be the object of theoretical study?This book tackles this question by examining the problems that are common to most European legal systems and the approach involves applying the tools of legal theory to legislative problems ('legisprudence'). While traditional legal theory deals predominantly with the question of the application of law by a judge, legisprudence enlarges the scope of study to include the creation of law by the legislator. The essays published in the volume develop a new range of insights into the relationship between legislative problems and legal theory in a way that will interest legal scholars throughout the world. Specifically, the work will attract the attention of those involved with constitutional law, EU law, human rights law and legal theory.

Legitimation by Constitution is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.

Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. It urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power. With a new preface from the author addressing developments in the Arab Spring.

This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.

This book investigates the parliamentary negotiation of executive secrecy. Parliaments depend on information to fulfil their roles as the people’s representatives, legislators and overseers of the executive. However, there are examples of executive secrecy across all policy fields. How, then, do parliamentary actors try to reconcile secrecy and the normative demands of an open, democratic society? This volume analyses parliamentary arguments, conflicts and patterns of agreement around this topic in the case of Germany. Based on two case studies – intelligence agencies secrecy and Public Private Partnership secrecy – it argues that substantive justifications of secrecy focusing on necessity are highly contested. By contrast, procedural legitimation of secrecy, namely deciding about it democratically, is crucial. Still, there are inherent limits to the legitimation of executive secrecy. The book therefore underlines the fragility of secrecy’s legitimation, and its need for constant actualisation.

Understanding Environmental Administration and Law provides an engaging, introductory overview of environmental policy. Author Susan J. Buck explores the process through which policy is made, the political environment in which it is applied, and the statutory and case laws that are critical to working within the regulatory system. This revised and expanded third edition adds case studies that help bring the subject to life and includes new material on: the Bush Administration and its approach to administering environmental laws the continuing evolution of environmentalism and the changing role of environmental regulation in the !--?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /--United States the development and implementation of environmental agreements at the international level the impacts and implications of globalization Understanding Environmental Administration and Law provides a framework for understanding the law as a managerial tool.

Why have the national governments of EU member states successively endowed the European Parliament with supervisory, budgetary, and legislative powers over the past fifty years? Building Europe's Parliament sheds new light on this pivotal issue, and provides a major contribution to the study of the European Parliament. Rittberger develops a theory of delegation to representative institutions in international politics which combines elements of democratic theory and different strands of institutionalist theory. To test the plausibility of his theory, Rittberger draws on extensive archival material and offers theory-guided, in-depth case studies of three landmark decisions in the history of the European Parliament: the creation of the Common Assembly of the ECSC in 1951 and the concomitant acquisition of supervisory powers vis-à-vis the quasi-executive High Authority; the delegation of budgetary powers following the signing of the Treaty of Luxembourg in 1970; and the delegation of legislative powers resulting from the adoption of the Single European Act signed in 1986. This is followed by the charting of more recent key developments, culminating in the adoption of the Constitutional Treaty in 2004. The book provides a welcome addition to the literature on institutional design by reflecting on the conditions under which governments opt for the creation and empowerment of parliamentary institutions in international politics. It also makes a valuable contribution to the application of democratic theory to the study of the European Union by demonstrating that political elites shared the view that the new supranational polity which emerged from the debris of World War II suffered from 'democratic deficit' since its inception, thus disproving the claim that the lamented 'democratic deficit' is a recent phenomenon.

Paul Craig's analysis of UK, EU and global administrative law examines the challenges facing each system and reveals the commonalities in and differences between their foundational assumptions. The challenges which they face may be particular to that legal order, endemic to any legal system of administrative law or the result of interaction between the three systems. The inter-relationship between the three levels is important. The legal and practical reality is that developments at one level can have an impact on the other two. Legal doctrine fashioned at the national level may therefore inform developments in EU and global administrative law. The doctrine thus created may then function symbiotically, shaping developments within a domestic legal order. The inter-relationship is equally marked from the regulatory perspective, since many such provisions originate at the global or EU level.