Patterns of Legitimacy.

Format:

Book

Author/Creator:

Klafki, Anika.

Language:

English

Physical Description:

1 online resource (166 pages)

Edition:

1st ed.

Place of Publication:

Baden-Baden : Nomos Verlagsgesellschaft, 2024.

Contents:

Cover

Patterns of Legitimacy - An Introduction

I. Legitimacy Concepts

II. Research Potential of Legitimacy for Legal Sciences

III. Legitimacy and the Threat of Populism

IV. Legality as a Threat to Legitimacy? Vermeule's Conception of the Administrative State

V. Legitimacy of International and Supranational Organisations

VI. Legitimacy in Times of Crisis

Bibliography

Contemporary Challenges to Democracy and the Potential of Participatory Legitimacy

I. Introduction: Are Democracies on the Retreat?

II. Understanding Democracy and Legitimation

1. Democracy and Democratic Politics

2. Legitimacy and Legitimation

3. Democratic Politics under Conditions of Globalization

III. Individual Freedom and Social Diversity in Representative Democracy

IV. Legitimation through Orientation toward the Common Good and Participation as a Democratic Learning Process

V. Municipal Development Advisory Councils Strengthen the Legitimation of Democratic Politics in Globalization through System Trust

VI. Multi-Stakeholder Trialogues Increase Output Legitimation

VII. Conclusion

An Irrebuttable Presumption of Legitimacy? Vermeule on the Administrative State

I. Legality and Rationality

II. Three Consequences of this Asymmetry

III. Unravelling the Original Compromise

IV. Uncertainty and Rationally Arbitrary Decisions

V. What are Second-Order Reasons?

VI. The Elusiveness of the Distinction

VII. Transitive Inconclusiveness

VIII. Epiphanies of Sovereignty

IX. Delegation Awakens the Leviathan

X. The Constitution Interpreting the Constitution

XI. Determinatio

XII. Political Theology

Legitimacy Principles in Global Administrative Law

I. Framing a Global Legal Space.

II. Identifying Legitimacy Principles Relevant for the Global Legal Space - Three Preliminary Questions

III. Legitimacy Principles Identified

IV. Instead of a Conclusion: An Ongoing Quest for Legitimacy

Legitimacy Principles in the Administrative Law Network of the EU

I. Introduction

II. On the Networked Nature of EU Administrative Law

1. What Counts as EU Administrative Law?

2. Is EU Administrative Law Networked? Union of Law, the Verbund Theorem, Network Theory, Constitutionalism and Governance in EU Administrative Law

III. Legitimacy in EU Administrative Law

1. Legitimacy in the EU

2. Legitimacy Challenges in EU Administrative Law

IV. Principles, Concepts and Rules as Legitimacy-Enhancing Factors in Administrative Governance Relationships

1. The Role of Principles

2. The Principles Providing Legitimacy in EU Administrative Law Contexts

V. Debates on Legitimacy Principles in EU Administrative Law: Two Examples

1. Verbund Administration in State-aid Proceedings: Affirming Sustainability?

2. Administrative Review in Environmental Decision-Making

VI. Conclusion

Legitimacy of Executive Power Shifts in Times of Crisis

II. The Three Ls

III. Schmitt's Narrative

IV. Measures to Control the Pandemic

V. Through Schmitt's Eyes

VI. Not a Power Shift, but Overstretched Powers

1. The Legislature

2. The Judiciary

3. The Executive

VII. Resilience in the Administrative State

VIII. Conclusion

Effectiveness and Output Legitimacy in Crisis

I. Staking Out the Problem

II. Output Legitimacy and Legality

III. Effectiveness and Its Place in Constitutional Theory

IV. Conclusion

Bibliography.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

9783748935469

3748935463

OCLC:

1443940015