On Lawmaking and Public Trust

Suzanne Comtois, Kars de Graaf

• Publisher: Eleven International Publishing
• Year: 2016
• eBook ISBN: 9789462745704
• Edition: 0
• Topic: Law
• Subtopic: Administrative Law
• Index: Law

Over the last decades, the evolution of public law has been marked by a trend towards the diversification of sources and forms of law, processes and governance tools. In our globalized world, various factors - such as the increasing importance of European law, international law and fundamental rights, as well as the greater prevalence of social and economic concerns - have tended to justify the need to harmonize legal norms and practices and, thus, to open the borders of legal normativity. The increased interaction between legal systems and other sources of normativity that has followed has led to the coexistence of a diversity of normative authorities (ranging from civil society and the industry itself, to European and international organizations). It has also resulted in the emergence, within domestic law, of a broad range of norms grounded in different sources of legitimacy and with varying degrees of normative force, not merely constrained to the narrow formal definition of "legal norm". This book explores ways in which public lawmaking is changing and examines the impact of such changes on the law itself, on the lawmaking processes, and on the role of decision-makers (judges, public administrators and stakeholders). It also questions the legitimacy of the new governance tools that have emerged from this transformation as well as their impact on the public's trust and confidence.(Series: Governance & Recht, Vol. 14) [Subject: Constitutional Law, Public Law, International Law, Administrative Law]

Table of contents

• Cover
• INTRODUCTION Contemporary Lawmaking and Public Trust:Challenges, Threats and Opportunities
• Chapter 1 “Front-Door” versus “Back-Door” Lawmaking.A Case Study Concerning German Responses to the Challenges of the Aarhus Convention
• Chapter 2 Who Decides What Is Significant?The Case of Nitrogen Deposition on Dutch and German Natura 2000 Sites
• Chapter 3 Goal Regulation, Democracy and Organised Distrust
• Chapter 4 Principles-Based Regulation and Public Trustin the Post-Crisis World:The Dutch Case of Financial Services
• Chapter 5 Public Trust and the Preparation of Regulation:The Case of ex ante Studies in the Netherlands
• Chapter 6 Policy Change and Public Trust The Case of the Atomausstieg in Germany:Who Has to Pay?
• Chapter 7 On Administrative Adjudication, Administrative Justice and Public Trust. Analyzing Developments on Access to Justice in Dutch Administrative Law and Its Application in Practice
• Chapter 8 Participation Societies or Repressive Welfare States?
• Chapter 9 Public Trust in the Regulatory Welfare State
• Chapter 10 Crowding Out Administrative Justice
• Chapter 11 Mediation and the Psychology of Trust within Organizations
• Chapter 12 Tacit Authorization: A Legal Solution for Administrative Silence
• Chapter 13 The European Citizens’ Initiative’s Role in Having the Grass Roots Associations Connect to the European Public Sphere
• Chapter 14 The Influence of Economic Agents in the Lawmaking Process of Environmental Laws: The Case of Waste Electrical and Electronic Equipment (WEEE) Legislation in Europe
• CLOSING CHAPTER Rethinking Lawmaking and Public Trust: Five Lessons from the Low Countries