Introduction: New Governance, Law and Constitutionalism
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Description
This volume explores the emergence of new approaches to governance (‘new governance’) in the European Union (EU) and in the United States (US). The essays represent the initial results of a research project which brings together a group of European and American scholars to examine the emergence of the new governance phenomenon in different political, geographical and policy contexts. Three distinct but related lines of inquiry inform the collection of essays. The first line of inquiry is a practical and empirical one, entailing an examination of the actual operation of new regulatory forms in a number of specific policy fields or issue areas. By bringing together scholars working on subjects ranging from employment to health to environment and anti-discrimination, we hope to shed some light on the actual nature and characteristics of various new governance forms and their effectiveness, as well as the possible reasons for their emergence. The second line of inquiry aims to interrogate the relationship between law and new governance, both through these concrete case studies as well as through more abstract and conceptual reflections on how law and legal processes are implicated in the operation of new regulatory approaches. The third line of inquiry address- es the relationship between new governance and constitutionalism. This inquiry can be seen in a number of the essays in the volume, whether attempting to situate new governance in relation to a traditional constitutional framework, or seeking a ‘theorization of the ideology’ which underlies the emergent practices of governance, or, more broadly, interrogating the various possible ways of conceiving the relationship between new governance and the notion of collective self-government which is inherent in the idea of constitutionalism.
Source Publication
Law and New Governance in the EU and the US
Source Editors/Authors
Gráinne de Búrca, Joanne Scott
Publication Date
2006
Recommended Citation
de Búrca, Gráinne and Scott, Joanne, "Introduction: New Governance, Law and Constitutionalism" (2006). Faculty Chapters. 2078.
https://gretchen.law.nyu.edu/fac-chapt/2078
