Browse by title

You are looking at 1 - 10 of 218 items :

  • Constitutional and Administrative Law x
  • All accessible content x
Clear All
This content is available to you

Silvia Suteu

This chapter aims to provide initial answers to the basic question of whether and how participation in constitution-making delivers for women. The chapter proceeds by first outlining the contours of the debate surrounding popular participation in constitution-making, identifying the benefits and potential pitfalls such participation may yield. The chapter then looks at three instances of popular involvement in constitutional change: the 2014 Scottish independence referendum, the 2012-14 Irish Constitutional Convention and the 2011-14 Tunisian constitution-making experience, analysing the level and nature of women’s participation in all these processes. Subsequently, the chapter evaluates the successes and failures of participatory mechanisms such as referendums, constitutional conventions and public consultations in empowering women as equal participants, and their ability to ensure gender-sensitive deliberations. The chapter also raises questions as to whether participation is to be resorted to in all cases of constitutional reform and the propensity for it to be an obstacle to, rather than a vehicle for, gender equality.

This content is available to you

Helen Irving

This content is available to you

Foreword

The Role of the European Ombudsman

Edited by Herwig C.H. Hofmann and Jacques Ziller

This content is available to you

Edited by Rosalind Dixon and Tom Ginsburg

This content is available to you

The developing role of the European Ombudsman

The Role of the European Ombudsman

Herwig C.H. Hofmann

This chapter undertakes an assessment of the legal framework governing the mandate and capabilities as well as independence of the European Ombudsman (hereafter, the ‘Ombudsman’). To do so, the chapter takes a detailed look at, inter alia, EU ‘constitutional’ law, the Ombudsman’s existing procedures, the concept of ‘maladministration’ as expressed in the Ombudsman’s mandate, and the consequences of an Ombudsman finding of maladministration. On this basis the chapter discusses future possibilities for developing ombuds review in the European Union (EU) as well as Ombudsman O’Reilly’s stated ambition to increase the visibility of the Ombudsman and the impact of ombuds review in the context of more high-profile, and often ‘political’, investigations.

This content is available to you

Rosalind Dixon and Tom Ginsburg

This content is available to you

Edited by Fabrizio Cafaggi and Stephanie Law

This content is available to you

Preface

A European Perspective

Stéphanie De Somer

This content is available to you

Fabrizio Cafaggi and Stephanie Law

This content is available to you

Introduction

A European Perspective

Stéphanie De Somer

This chapter introduces a new concept to the literature on ‘agencification’: that of ‘autonomous public bodies’ (APBs). It presents a working definition and briefly discusses its constitutive parts. It explains why there is need for a new umbrella concept in order to provide conceptual clarity in the international and European literature on delegation to bodies that are part of the government apparatus but perform their tasks with a certain degree of political autonomy. Subsequently, the two dynamics or trends central to the book are introduced: ‘EU impulse’ and ‘national restraint’. The role of the law in the development of these movements is addressed. The chapter then explains why there is a need for scholarly attention to APBs that focuses on the European legal sphere specifically. After an outline and overview of the book, its methodological approach is briefly explained. The book’s analysis results from law-finding and hermeneutic activities, like most legal scholarly work, but also includes an evaluative and thus normative approach. The analysis aims to transcend a mere description and interpretation of legal principles and instruments, avoiding, however, the trap of making unscientific value judgements about positive law. The introduction briefly explains how this is achieved.