The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.
1. Introducing the Idea of Relative Authority
Joana Mendes and Ingo Venzke
Part I: Empirical and Normative Traction
2. Democratic Legitimacy and Executive Rule-making: Positive Political Theory in Comparative Public Law
3. In Search of a New Model of Checks and Balances for the EU: Beyond Separation of Powers
Eoin Carolan and Deirdre Curtin
4. Bolstering Authority by Enhancing Communication: How Checks and Balances and Feedback Loops can Strengthen the Authority of the European Court of Human Rights
Mikael Rask Madsen
5. Authority Monism in International Organisations: A Historical Sketch
Jochen von Bernstorff
6. No Institution is an Island: Checks and Balances in Global Governance
Andreas von Staden
Part II: Iterations in Practice
7. The Role of the Court of Justice in Shaping the Institutional Balance in the EU
Bruno De Witte
8. Refining Relative Authority: The Judicial Branch in the New Separation of Powers
9. Judicial Review of EU Administrative Discretion: How Far Does the Separation of Powers Matter?
10. First or Second Best? Judicial Law-making in European Private Law
11. Relative Authority in Global and EU Financial Regulation: Linking the Legitimacy Debates
Maurizia De Bellis
12. Relative Authority and Institutional Decision-making in World Trade Law and International Investment Law
Diane A Desierto
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