Catalogue Search | MBRL
Are you sure you want to remove the book from the shelf?
{{itemTitle}}
328
result(s) for
"Armstrong, Kenneth A"
Sort by:
Governing social inclusion : Europeanization through policy coordination
\"The Treaty of Amsterdam committed European Union Member States to tackle social exclusion: a commitment taken forward by the Lisbon meeting of EU political leaders in 2000. The aim of this book is to explore from an inter-disciplinary perspective the possibilities and limitations of the attempts by the EU to co-ordinate and 'Europeanize' Member States' strategies and policies to tackle poverty and social exclusion\"-- Provided by publisher.
Book
Contextual legal pedagogy: still radical?
This is an introduction to the Special Issue on ‘Contextual Legal Pedagogy’. It introduces the themes of the Special Issue and offers summaries of the papers in the collection. The introduction considers whether, and how, contextual legal pedagogy can still be radical, and how addressing pedagogical issues also necessarily involves addressing vital theoretical issues.
Journal Article
THE RIGHT TO REVOKE AN EU WITHDRAWAL NOTIFICATION: PUTTING THE BULLET BACK IN THE ARTICLE 50 CHAMBER?
THE judgment of the Court of Justice of the European Union in 'Wightman and Others v Secretary of State for Exiting the European Union', Case C-621/18, EU:C:2018:999, that a Member State of the EU may unilaterally revoke a notified intention to withdraw from the EU, settled a legal question that had been posed ever since the UK gave notice of its intention to leave the EU in terms of Article 50 of the Treaty on European Union (TEU). 'R. (Miller) v Secretary of State for Exiting the European Union (Birnie and others intervening)' [2017] UKSC 5, [2017] 2 W.L.R. 583 (see D. Feldman [2017] C.L.J. 217), had proceeded on the agreed assumption that an Article 50 TEU notification could not be revoked. The legal question was not referred to the Court of Justice for authoritative resolution. The outcome of the reference in 'Wightman', however, was not wholly unexpected, with the balance of legal opinion broadly tending to believe that a right unilaterally to revoke a withdrawal notification was consistent with the unilateral nature of the right to withdraw as provided for in Article 50 TEU.
Journal Article
Symposium – The First Decade of the Binding EU Charter of Fundamental Rights
With the deposit of the Czech Republic's instrument of ratification, the Lisbon Treaty entered into force on 1 December 2009. By virtue of this treaty, the EU Charter of Fundamental Rights became a binding primary source of EU law. While not quite the ‘constitutional moment’ that would have seen the Charter come into force as part of the failed project to equip the EU with a Constitutional Treaty, nonetheless, the Lisbon Treaty—also known as the ‘Reform Treaty’—was a significant moment in the history of the development, and reform, of fundamental rights protection in the EU. With the first decade of the operation of the Charter now complete, this Symposium offers a reflection on some of the key lessons to be learned as the Charter moves into its second decade as a binding legal instrument.
Journal Article
The Character of EU Law and Governance: From 'Community Method' to New Modes of Governance
The changing design of EU governance is often characterized as marking a departure from the 'Community Method' of governance and an arrival at a destination of 'new modes of governance'. Nonetheless, scholars disagree as to the nature and scale of the governance changes taking place: whether they are minor deviations from a world of 'hierarchy' or whether they represent an emerging 'experimentalist' governance architecture. Moreover, changes in governance are not easily accommodated within legal discourse. For some, new modes of governance are a distraction from a more pervasive 'legalism'. For others, differentiation in governance can be mapped on a scale of 'legalization'. Yet, new modes of governance may be more challenging for law, either because they signify 'de-legalization' or a 'transformation' of law and governance. In exploring these different characterizations of EU law and governance the essay argues that what is emerging is a rich and complex mix of governance patterns and styles that poses challenges for law of greater or lesser extents. The yoking of different governance tools in a range of institutional designs results in more or less successful attempts to make the functional demands of governance meet the rival functional demands of law.
Journal Article
Contesting government, producing devolution: the repeal of 'section 28' in Scotland
Devolution is usually described in terms of the transfer of powers from central to regional and subordinate authorities. Attention then tends to focus on one dimension of relational power, namely that between the sovereign ‘principal’ and its ‘devolved’ agent. In this paper, and without seeking to assert that devolved institutions are sovereign, it is suggested that we need to develop an additional dimension to our studies of devolution, namely the relational power between government and governed in devolved contexts. Taking the example of devolution to Scotland and the exercise of devolved law‐making powers to repeal ‘section 28’ of the Local Government Act 1988, it is argued that in the process of exercising legal and political authority, contestation and conflict over government can produce important constitutional discourses that normativise what counts as an appropriate or inappropriate exercise of devolved governmental power. The process of contesting devolved government is productive of what it means to govern and be governed under conditions of devolution, thereby producing and reproducing devolution itself.
Journal Article
