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Borderlines in Private Law

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Lord Denning: Life, Law and Legacy



  


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After National Democracy


ISBN13: 9781841133287
ISBN: 1841133280
Published: May 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9781841133294



Despatched in 6 to 8 days.

The ""imagined community"" of the nation, which served as the affective basis for the post-French Revolution social contract, as well as its institutional counter-part, the welfare state, are currently under great stress as states lose control over what once was referred to as the ""national economy"" In this book a number of authors - historians, legal scholars, political theorists - consider the fate of national democracy in the age of globalization. In particular, the authors ask whether the order of European nation-states, with its emphasis on substantive democracy, is now, in the guise of the European Union, giving way to a more loosely constructed, often federalized system of procedural republics (partly constructed in the image of the United States). Is national parliamentary democracy being replaced by a politico-legal culture, where citizen action increasingly takes place in a transnational legal domain at the expense of traditional (and national) party politics? Is the notion of a nationally-bound citizen in the process of being superceded by a cosmopolitan legal subject?

Contents:
1. Introduction -Lars Trägårdh
2. Normative Theory and the EU: Legitimising the Euro-Polity and its Regime - Richard Bellamy and Dario Castiglione
3. The Juridification of Politics in the United States and Europe: Historical Roots,Contemporary Debates, and Future Prospects - Lars Trägårdh and Michael X. Delli Carpini
4. Rights and Regulation in (the) Europe(an Union): After National Democracy? - Daniel Wincott
5. Constitutional Moments - Juliet Williams
6. Law and Politics in a Madisonian Republic: Opportunities and Challenges for Judges and Citizens in the New Europe - Lisa Hilbink
7. Democracy Beyond Nation and Rule? Reflections on the Democratic Possibilities of Proceduralism - Warren Breckman

Series: Onati International Series in Law and Society

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