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20 results

Constitutionalism and the Rule of Law
  • Bridging Idealism and Realism
  • Edited by Maurice Adams, Anne Meuwese, Ernst Hirsch Ballin
  • Published online:
    02 March 2017
    Print publication:
    02 February 2017
  • Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

  • Regulatory Scrutiny in Transition

  • Anne Meuwese
  • Journal:
    European Journal of Risk Regulation / Volume 6 / Issue 3 / September 2015
    Published online by Cambridge University Press:
    20 January 2017, pp. 359-360

  • So none of the wild rumours came true in the end. Those expecting representatives of Parliament and Council on the Regulatory Scrutiny Board, or seats for ‘main stakeholders’ were likely either disappointed or relieved when the European Commission's reinforced Better Regulation package was published on 19 May 2015. As it turns out the transformation of the Impact Assessment Board, which had been in the air for a while is a partial one only, for the moment at least. Indeed, the former Impact Assessment Board got a stronger mandate and a broader reach, apart from a new name, yet it retains very much the character of an ‘in–house’ body. The long-awaited ‘external members’ of the Regulatory Scrutiny Board will be recruited as temporary agents, turning ‘independence’ to some extent into an issue of labour law.

  • The OECD Framework for Regulatory Policy Evaluation: An Initial Assessment

  • Anne Meuwese, Michiel Scheltema, Lynn van der Velden
  • Journal:
    European Journal of Risk Regulation / Volume 6 / Issue 1 / March 2015
    Published online by Cambridge University Press:
    20 January 2017, pp. 101-110

  • Designing a framework for evaluating laws, rules and policies within any given legal system is a daunting task. Comprehensive schemes risk ending up as mere paper realities because of the demands they place on evaluatorsas well as on the addressees of evaluations. More realistic evaluation frameworks on the other hand may not yield many results. The OECD has a long track record of encouraging member countries to deal with ‘regulation’ in the wider sense of the word in a rationalistic and systematic way. These encouragements tend to involve recommendations, peer reviews,and the use of country surveys in order to establish progress in what the OECD usually calls ‘regulatory policy’ or ‘regulatory management’ (‘better regulation’ in EU parlance and sometimes referred to as ‘meta-regulation’ in the literature). Recently a new tool has been added. In a move parallel to the EU's efforts to ‘complete the regulatory cycle’, the OECD has developed a new Framework for Regulatory Policy Evaluation (hereafter referred to as ‘Framework’).