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Litigation, mobilization and governance :The European court and transnational activists.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Litigation, mobilization and governance :
其他題名:	The European court and transnational activists.
作者:	Cichowski, Rachel Aileen.
面頁冊數:	407 p.
附註:	Chair: Alec Stone Sweet.
附註:	Source: Dissertation Abstracts International, Volume: 63-01, Section: A, page: 0353.
Contained By:	Dissertation Abstracts International63-01A.
標題:	Political Science, International Law and Relations.
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3039196
ISBN:	0493524282

Litigation, mobilization and governance :The European court and transnational activists.
Cichowski, Rachel Aileen.

Litigation, mobilization and governance :The European court and transnational activists.[electronic resource] - 407 p.

Chair: Alec Stone Sweet.

Thesis (Ph.D.)--University of California, Irvine, 2002.

Courts, and the actors they mobilize, are increasingly shaping the direction of domestic and international policy processes—a reality that challenges our current theoretical understandings of comparative and international politics. On the other hand, while public law scholars have long acknowledged the political power of courts, much of their intellectual inquiry fails to move beyond the borders of the American legal system and thus, leaves the impact of foreign and international courts under-theorized. This dissertation attempts to build a bridge.

ISBN: 0493524282Subjects--Topical Terms:

212542
Political Science, International Law and Relations.

Litigation, mobilization and governance :The European court and transnational activists.
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520 # $a Methodologically, the project relies on time-series data and process tracing via case law, document collections, historical accounts, and personal interviews with social movement activists. The data includes two legal domains—social provisions and environmental protection—and examines cross-national variation in litigation pursuant to the preliminary ruling procedure from all fifteen European Union countries. The mobilization portion of the study examines transnational activism in these two legal domains.
520 # $a The findings illustrate that vague EU rules can create national level disparities that often serve as a basis for new rights claims. As activists mobilize and exploit these new opportunities, this litigation in turn can empower the Court by providing the opportunity to clarify and construct new EU rules. I find that national government policy positions did not systematically constrain the ECJ rulings and attempts to correct adverse decisions were minimal. Another key lesson of this study is the reciprocal effect of this mobilization. That is, once public interest activists were given access to EU opportunities they have pressured for greater public inclusion and attention to public concerns, in a policy arena that was traditionally dominated by nation states.
520 # $a The study elaborates a comparative framework for understanding the interaction between social movements and courts in the construction of governance. This is a theory of institutional change. The empirical research in the dissertation focuses on the emergence and evolution of supranational governance in Europe. I argue that the European Court of Justice (ECJ) and transnational activists were integral to this evolution.
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