Rainer Nickel's research while affiliated with Cornell University and other places
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Publications (4)
European Governance is more than just a policy instrument without legal significance. Its regulatory sub-divisions, such as Comitology, the Lamfalussy procedure, and the growing number of European administrative agencies, have colonized substantive parts of the law-shaping and law-making processes. This contribution argues that European Governance...
This paper examines the concept of constituent power and constitutional form in Jurgen Habermas' legal philosophy. It argues that a concept of constituent power needs to be embedded in a constitutional theory that can explain the difference between legitimate law and a mere wielding of power. Theories operating with assumptions of a pre-legal and u...
Multilevel trade governance and transnational social regulation put democratic self-regulation under stress. A growing number of supra- and transnational norms, rules, and regulations on trade, environmental issues, or any other field of regulation, prove that we are facing another great transformation, the transformation of international relations...
In textbooks and in theory, law is a product of democratic procedures. In reality, however, theplace of law production has moved to a significant degree from the domestic sphere into an emerging domain of supranational and international institutions, bodies, and organizations,public or private, which constitute and enforce global law without a stat...
Citations
... 753 Rainer Nickel points out that 'in a new, globalized environment where the execution of diffuse powers by diffuse actors blurs the line between public authority and private power, the well-ordered theory of the democratic Rechtsstaat seems to lose its empirical foundation and its persuasiveness altogether'. 754 The blurring of the boundary between private and public autonomy is highly worrisome when international courts radically reinforce the protection of fundamental rights while their decision-making is beyond national control. 755 With regard to the transnational roles of constitutional courts, the European constitutional democracy doctrine suggested by Komárek provides a fresh analytical perspective. ...
... Os estados estão se tornando "desagregados", que não operam como unidades fechadas. O aumento de desagregação implica que as diferentes dimensões de estados definidas funcionalmente tendem a desempenhar diferentes funções e a perseguir objetivos distintos de uma maneira mais ou menos descoordenada, ao mesmo tempo em que essas dimensões estabelecem relações institucionalizadas tanto para suas contrapartes em outros estados como para estruturas públicas e privadas que operam no espaço transnacional (SLAUGHTER, 2004 (BRAITHWAITE;DRAHOS, 2000, p. 488;NICKEL, 2006). ...
... The theoretical academic model, as formulated by the political scientists, is that of the 'multilevel governance'. Both Hofmann and Türk (2006) and Nickel (2008) ask themselves if that is a correct metaphor. The answer can be traced if we analyze several relevant states and processes of the EU administration. ...
... 6. For a critical analysis, see Van den Bosche (2008); Nanz (2006); Steffek and Kissling (2006);Nickel (2006). 209 See Bexell et al. (2008). ...
