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Edited by Maria F. Moscati, Michael Palmer and Marian Roberts

Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.
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Matthias Ruffert

With the transfer of ever more tasks and competences to the European level the EU’s administration has become increasingly complex, with ‘agencification’ as the most visible sign of this differentiation. This book offers a much-needed analytical overview of the field, with the aim of improving our understanding of administration at the European level, and indeed of improving the administration itself.
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Matthias Ruffert

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Matthias Ruffert

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Miryam Iacometti

According to Professor Zeno-Zencovich’s reflections on Giovanni Bognetti’s Dividing Powers, which begin these collected chapters, the separation of powers, is an “issue which for nearly three centuries has occupied the minds and pens of political theorists and of lawyers.” There is no doubt that separation of powers occupies our minds and pens nowadays too, because (as Professor Zeno-Zencovich always points out) far from being “some kind of eternal rule of mankind,” it derives from “a specific historical and cultural context” and for this reason it should express the deep transformations of the relationships among the branches of government over time.

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Zoltán Pozsár-Szentmiklósy

Legal scholarship traditionally analyses direct democracy in the context of the principle of people’s sovereignty and its relation to representative democracy. The separation of powers is a different doctrine which is usually taken into consideration when designing the status and competences of state organs, analysing their activity and role. There may even be a conflict between the exercise of direct democracy and the separation of powers, as the second principle influences the relations of state organs established on a representative basis. However, even if one acknowledges that the representative and direct forms of power can be reconciled this does not necessarily lead to an analysis of the relationship between the two within the framework of the separation of powers.

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Ioannis A. Tassopoulos

The sovereign-debt crisis made necessary the bail-out of Greece, and then of other members of the Eurozone, even though article 125 TFEU prohibits bail-outs. The IMF participated in the bail-out programs, financed them in part, and provided to the European Union (EU) the know-how for their preparation and supervision. Conditionality is part of the operational framework of the IMF, and consists of the obligations of a debtor state in need of the assistance of the IMF. Conditionality requires the debtor’s sovereign decision to consent to certain conditions imposed by the creditor, in exchange for financial assistance. To put it more bluntly, it is an accepted limitation of sovereignty, in exchange for money. Conditionality is relatively simple in its assumptions, and reflects the unequal negotiating power between creditor and debtor. As evidenced by the case of Greece, the sovereignty of a virtually bankrupt state may be severely restricted.

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Andrea Pin

The separation of powers has occupied public law debates on a global scale since it surfaced centuries ago. At the level of general theory, it is an undefeated ideal. The case for the separation of powers, however, is far from settled on practical grounds. It is more than a lofty ideal that invites reflection and comparisons among theorists, for it remains one of the most common rallying cries of advocates of the rule of law, democracy, and human rights.

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Francesco Clementi

We are living through an age of profound global transformation where power is diffusing beyond state boundaries and at the same time, the disintermediation process – that is the possibility for political actors to autonomously publish and spread their content online and for the citizens to react immediately – has contributed to erode the representative democracy and its instruments. We are thus witnessing both the growing general weakness of the boundaries of the categories of the Forms of State and of the forms of government, especially in the face of the transformations of the concept of popular sovereignty as we knew it in the twentieth century; to this is added the rise of so-called populism, an ambiguous and elastic term applied to many different types of political parties and movements, whose common denominator is resentment primarily against the elites, especially the political and economic ones.

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Edited by Antonia Baraggia, Cristina Fasone and Luca P. Vanoni

This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.