The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society

Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

Buying time: The delayed crisis of democratic capitalism

Taking economic co-ordination in EMU as a starting point, this article explores the development of the open method of co-ordination, addressing whether it is a new form of governance from two related perspectives. First, to what extent can the method be effectively applied outside the scope of economic policy? Second, will it lead to policy transfer to the EU and hence act only as a transitional mode of governance? Identified at the Lisbon European Council, the method codified practices such as benchmarking, target-setting and peer review developed in the Luxembourg, Cardiff and Cologne processes. The method offers a new approach to governance of the EU as a heterarchical, decentred and dynamic process. It supports and radicalizes the principle of subsidiarity; offers an alternative to the treaty rules on enhanced co-operation; and addresses some of the legitimacy issues inherent in the EU. In EMU, the method arose out of a specific policy framework with a common monetary policy complemented by the coordination of national economic policies. The recent recommendation issued against Ireland is the first example of the operation of the method in EMU and shows how debate can be stimulated and how different and arguably equally valid perspectives defended. The particular experience of EMU with a sound money, sound finance paradigm, a long history of project-building by key elites and the central role of the European Council suggest similar conditions are required for the effective application of the method in other policy spheres. The context within which the method has operated to date is contingent and could change either over time or between policy fields. If so, the very openness of the method may serve to reconfigure the boundaries of competence between the Member States and the Union, after all.

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The open method as a new mode of governance: the case of soft economic policy co-ordination

Advocates’ claims about restorative justice contain four myths: (1) restorative justice is the opposite of retributive justice; (2) restorative justice uses indigenous justice practices and was the...

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Restorative justice The real story

I never met the late Etienne Mureinik, though I have heard South Africans refer to him as the country's most brilliant public lawyer. What I have read of his - a critique of Ronald Dworkin's Law's Empire - was both fascinating and devastating. Fascinating because he paid Dworkin the great compliment of subjecting his work to a critique that sees it in its best light. Devastating because he levels it a blow from which it cannot recover, despite, I should stress here, Mureinik's own best efforts. It is captured in this thought: that according to the logic of law's 'integrity', an iniquity, once it has made a substantial enough incursion into a legal system, continues to proliferate under its own momentum. Let us call this the 'iniquity thesis'. It took hold in South Africa under apartheid. And it is, I will argue, what Dworkin's theory of integrity as prescription for legal practice can present no credible defence to.

'End of History' jurisprudence : Dworkin in South Africa

From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human (individual and collective) flourishing This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration The author redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically

The Redress of Law: Globalisation, Constitutionalism and Market Capture

The politics of 'Liquid Modernity': Polanyi and Bauman on commodification and liquidity

The new economic governance of the Eurozone has heavily impacted on social rights, in particular in the most indebted Member States. This chapter reconstructs the logic behind the attack upon social rights by adopting a materialist approach (i.e., critique of the political economy) and it provides a strong criticism of the functionalist attitude adopted by EU institutions in the aftermath of the crisis.

Emilios Christodoulidis

Papers

'End of History' jurisprudence : Dworkin in South Africa

The Redress of Law: Globalisation, Constitutionalism and Market Capture

The politics of 'Liquid Modernity': Polanyi and Bauman on commodification and liquidity

The political economy of European social rights

Law's Immemorial