Governance and Constitutionalism: Law, Politics and Institutional Neutrality, 1st Edition (Hardback) book cover

Governance and Constitutionalism

Law, Politics and Institutional Neutrality, 1st Edition

Edited by Bogdan Iancu, Elena Simina Tănăsescu

Routledge

206 pages

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pub: 2018-11-06
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Description

This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ‘independent agencies’ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission.

The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ‘agentification’ as a result of internationalisation, and ‘agentification’ as a reflex and consequence of transnational polity-building within the EU.

Table of Contents

Introduction - Bogdan Iancu and Elena Simina Tănăsescu

Part I Administrative Autonomy and Democracy

1. Government and Governance: The Constitutional Politics of Institutional Neutrality - Bogdan Iancu

2. The People, the Experts, and the Politicians: Is Expertise a Challenge to democratic Legitimacy? - Lucian Bojin

3. Rule of Lawyers or Rule of Law? On Constitutional Crisis and Rule of Law in Poland - Adam Czarnota

4. Agencification as European Union Acquis - Jacques Ziller

Part II Case Studies

5. The Impact of National Accountability Agencies on the EU - Elena Simina Tănăsescu

6. De-politicization by Europeanization: the emergence of the fragmented state in South Eastern Europe - Martin Mendelski

7. Hungary: Regulatory Bodies in an Illiberal Democracy - Attila Vincze

8. Independence by Law or by Practice? Taiwan’s National Communications Commission and Central Bank - Jiunn-rong Yeh and Wen-Chen Chang

9. The State Reform in Brazil: More of the Same? - Gilberto Bercovici

10. Implementation of Separation of Powers and Scope of Independence of Politically Neutral Organs in Russia - Sergei A. Belov

11. Independent Regulation in the Contemporary Italian Legal System - Giovanni Frazzica and Antonio La Spina

Afterword: The Need for Independent Regulatory Authorities in the Perspective of Contemporary Constitutionalism - Antonio La Spina

About the Editors

Bogdan Iancu is an Associate Professor, teaching in the fields of comparative constitutional law and constitutional theory at the Faculty of Political Science, University of Bucharest, Romania. He has researched at various law faculties and research institutes in Europe and North America and lectured on legal theory and US constitutional law at McGill and Université de Montréal. Iancu’s research focuses on Romanian and comparative constitutional law, EU constitutionalism, history of constitutionalism, and constitutional theory.

Elena Simina Tanasescu is Full Professor of Constitutional Law, University of Bucharest, Romania. She held visiting professorships at universities in Europe and Latin America, was the representative of civil society in the Superior Council of Magistracy and the Romanian representative in the Agency for Fundamental Rights of the EU and in the Group of Independent Experts on the European Charter of Local Self-Government. Tanasescu’s teaching and research focuses on Romanian and comparative constitutional law and European law.

About the Series

Studies in the Sociology of Law

Studies in the Sociology of Law
The objectives of Studies in the Sociology of Law are threefold. First, the series aims to deepen the analysis of the socio-legal problems related to the enlarged European Union and the different paths of its constitutional process and policy. Second, it examines the many facets of legal cultures within and outside the European context in comparative perspective and in an open debate with extra European scholarship. Third, it focuses on the legacy of European legal thought while dealing with the new challenges of contemporary societies. Accordingly, the series adopts a line of enquiry that emphasizes the broader dynamic of legal cultures.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW001000
LAW / Administrative Law & Regulatory Practice
LAW018000
LAW / Constitutional
LAW052000
LAW / Jurisprudence
LAW109000
LAW / Government / General
POL022000
POLITICAL SCIENCE / Constitutions