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

What makes organizations so similar? We contend that the engine of rationalization and bureaucratization has moved from the competitive marketplace to the state and the professions. Once a set of organizations emerges as a field, a paradox arises: rational actors make their organizations increasingly similar as they try to change them. We describe three isomorphic processes-coercive, mimetic, and normative—leading to this outcome. We then specify hypotheses about the impact of resource centralization and dependency, goal ambiguity and technical uncertainty, and professionalization and structuration on isomorphic change. Finally, we suggest implications for theories of organizations and social change.

The iron cage revisited: Institutional isomorphism and collective rationality in organizational fields (Chinese Translation)

1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

In recent decades, struggles for recognition have increasingly dominated the political landscape.1 Recognition theorists such as Charles Taylor (1994) and Axel Honneth (1995) seek to interpret and justify these struggles through the idea that our identity is shaped, at least partly, by our relations with other people. Because our identity is shaped in this way, it is alleged that feelings of self-worth, self-respect and self-esteem are possible only if we are positively recognised for who we are. Consequently, for many political theorists, recognition is an integral component of a satisfactory modern theory of justice, as well as the means by which both historical and contemporary political struggles can be understood and justified.

The Politics of Recognition

ISO 3166-3 Newsletters are issued by the secretariat of the ISO 3166/MA when changes in the code lists of ISO 3166-3 have been decided upon by the ISO 3166/MA. ISO 3166-3 Newsletters are identified by a two-component number, stating the currently valid edition of ISO 3166-3 in Roman numerals (e g "I") and a consecutive order number (in Latin numerals) starting with "1" for each new edition of ISO 3166-3. The headers of the table below refer to the list part of ISO 31663:1999.

ISO (International Organization for Standardization ; 国際標準化機構)

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The Implementation of the European Arrest Warrant in the European Union: law, policy and practice

The article aims to analyse the extent to which mutual recognition and mutual trust in the criminal law area are developing in the EU in the context of the implementation of the European Arrest Warrant (EAW). First, an overview of the decisions of the Constitutional Courts in Germany, Poland, Cyprus and Czech Republic will be given. These decisions are evidence of a tension, on the one hand, between mutual recognition and state sovereignty and, on the other hand, between the powers of the European institutions in criminal matters and the fundamental rights of the individual. Second, national case‐law in the UK, Belgium, Spain and Italy will be examined. Third, an analysis of the recent decision of the European Court of Justice of 3 May 2007 will be carried out. Finally, a global assessment of the EAW will be made. Is this instrument effectively promoting normative mutual trust among the judicial authorities in the EU? Should it be amended or is it the wrong response at the wrong time? Some suggestions will be put forward, in light of what is considered to be the nature of the EAW and the birth of this instrument as part of the mutual recognition agenda.

https://papers.ssrn.com/sol3/Delivery.cfm/eulj_451.pdf?abstractid=1321915&mirid=3

The European Arrest Warrant and the Sovereign State: A Marriage of Convenience?

On 23–25 October 2006, ERA organised a conference on the principle of mutual recognition, and in particular on its legal implications for national judges. Based on the results of that conference, this article presents an overview of this form of cooperation in criminal matters from a legislative and a jurisprudential perspective. Firstly, it analyses the principle of mutual recognition in a broader context (internal market; judicial cooperation in civil matters) in order to better understand its contours. We also address the question whether this principle is as ‘revolutionary’ as many proclaim it to be. Secondly, (the progress of and obstacles to) the legislative programme of mutual recognition are discussed. Finally, after an excursus on a few key issues connected to the European Arrest Warrant, the article deals with the development of the above-mentioned principle and other aspects of criminal law in the case law of the European Court of Justice.

Mutual recognition of judicial decisions in criminal matters and the role of the national judge

The overproduction of material hinting at or announcing the emergence of a form of constitutional law beyond the State (sometimes defined as transnational constitutional law) has caused sceptic reactions increased in recent years. Many scholars have either been wary of employing the constitutional vocabulary too easily or as a form of crystallization of power structures, or have attempted to elaborate new concepts while emphasizing the descriptive and normative appeal of pluralism, or resorting to the less ambitious vocabulary of administrative law. While it is not the purpose of this essay to do justice to the complexity of the debate on constitutionalism beyond the State, its aim is to single out one distinctive element of this project: its transformative nature. In particular, it argues, against H. L. A. Hart’s idea that international law is a static legal order, that the notion of constitutional time is crucial for the purposes of framing the contours of the debate on constitutionalism in general and on its applicability beyond the confines of the traditional State.

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The Relevance of the Notion of Time for Constitutionalism Beyond the State: Towards Communal Constitutionalism?

This Article revisits the role and function of constitutional identity and common constitutional traditions and claims that the latter have had an increasingly stronger influence on the process of European integration—more than may appear at first sight. In addition, the relevance of common constitutional traditions has not been undermined but, on the contrary, strengthened by the emergence of fundamental rights in EU law and the subsequent conferral of binding force on the Charter of Fundamental Rights. Constitutional identity and common constitutional traditions are part of two discourses—security and fundamental rights—which are an expression of the security of the European project as an overarching frame characterizing the EU as a polity and legal system. After an overview of some of the most important rulings of the Court of Justice of the European Union, this Article concludes by emphasizing the importance of the recent conciliatory attitude recently adopted by the Court of Justice, although the more ambivalent attitude of the Italian Constitutional Court indicates how conflictual features are becoming increasingly important and can no longer be concealed as the EU reaches a more advanced stage of integration.

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Massimo Fichera

Papers

The Implementation of the European Arrest Warrant in the European Union: law, policy and practice

The European Arrest Warrant and the Sovereign State: A Marriage of Convenience?

Mutual recognition of judicial decisions in criminal matters and the role of the national judge

The Relevance of the Notion of Time for Constitutionalism Beyond the State: Towards Communal Constitutionalism?

The Dialectics Between Constitutional Identity and Common Constitutional Traditions: Which Language for Cooperative Constitutionalism in Europe?