scholarly journals Transnational Representation in Global Labour Governance and the Politics of Input Legitimacy

2021 ◽  
pp. 1-37
Author(s):  
Juliane Reinecke ◽  
Jimmy Donaghey
Keyword(s):  
Trade Unions ◽  
Three Dimensions ◽  
Democratic Legitimacy ◽  
Transnational Governance ◽  
Private Governance ◽  
Democratic Representation ◽  
Building Safety ◽  
Rule Making ◽  
Input Legitimacy

Private governance raises important questions about democratic representation. Rule making is rarely based on electoral authorisation by those in whose name rules are made—typically a requirement for democratic legitimacy. This requires revisiting the role of representation in input legitimacy in transnational governance, which remains underdeveloped. Focussing on private labour governance, we contrast two approaches to the transnational representation of worker interests in global supply chains: non-governmental organisations providing representative claims versus trade unions providing representative structures. Studying the Bangladesh Accord for Fire and Building Safety, we examine their interaction along three dimensions of democratic representation: 1) creating presence, 2) authorisation, and 3) accountability to affected constituents. We develop a framework that explains when representative claims and structures become complementary but also how the politics of input legitimacy shape whose interests get represented. We conclude by deriving theoretical and normative implications for transnational representation and input legitimacy in global governance.

Democratic Perspectives on Interactive Political Leadership

2020 ◽  
pp. 41-58
Author(s):  
Eva Sørensen
Keyword(s):  
Decision Making ◽  
Political Participation ◽  
Political Leadership ◽  
Representative Democracy ◽  
Democratic Representation ◽  
The People ◽  
Input Legitimacy ◽  
The Way

Representative democracy is in transition in theory as well as in practice, and this transition affects the way we think about political leadership and democratic representation. New theories of democracy challenge traditional understandings of what it entails to represent the people, and a mushrooming of new forms of political participation destabilizes traditional views of the role of citizens in democratic decision-making. Chapter 4 shows how these theoretical and empirical developments, which are partially triggered by inherent tensions in democratic thought, promote a turn towards interactive forms of political leadership. Interactive political leadership can potentially alleviate the tensions in democratic thought and strengthen the input legitimacy of representative democracy in times of declining trust in politicians. A turn to interactive political leadership is no panacea. It triggers new dilemmas and challenges for elected politicians.

Part III Forms of Organization, Ch.8 Private Transnational Governance

2016 ◽  
Author(s):  
Mattli Walter
Keyword(s):  
Public Policy ◽  
Global Governance ◽  
Public Private Partnerships ◽  
Future Research ◽  
Transnational Governance ◽  
Private Governance ◽  
Global Regulation ◽  
Hybrid Governance ◽  
Key Drivers ◽  
Rule Making

This chapter discusses the key drivers and risks of private transnational governance. It shows that private governance rarely seems to stay purely private. When it fails to consider wider societal interests and concerns, private governance will draw unwanted attention from governments, potentially leading to oversight and regulation or public-private partnerships — what is referred to as ‘joint or hybrid’ governance. A trend towards hybrid governance appears to be detectable both in the cases of privatization of global regulation and the rise of transnational private justice. In the former case, states have taken steps to improve procedural transparency and broaden the range of partners involved in transnational rule-making. In the latter case, the constitutionalization of international arbitration governance promises to integrate and safeguard fundamental public policy norms in private judicial processes. Future research on global governance will have to carefully examine the significance and effectiveness of ‘joint or hybrid’ governance.

Legal Acts and the Challenges of Democratic Accountability

2018 ◽  
Author(s):  
Deirdre Curtin
Keyword(s):  
European Parliament ◽  
Public Access ◽  
Democratic Legitimacy ◽  
Limited Resources ◽  
Democratic Accountability ◽  
Informal Practices ◽  
Treaty Reform ◽  
Rule Making ◽  
The Eu

Increasing the role of the European Parliament in legislative and executive rule-making was a key objective of the Lisbon Treaty reformers in their endeavours to enhance the democratic legitimacy of the EU. Yet, the Lisbon reform leaves much room for improvement with respect to accountability in the new system of legal acts. The analysis reveals the wide discrepancy between the formal rules and informal practices of the institutions post-Lisbon, giving rise to further accountability concerns. The main problems are the inadequacy of democratic checks over the Council, limited resources and powers of the European Parliament, increased reliance on trilogues at the expense of open dialogue and deliberation, and insufficient public access to institutions’ documents. In conclusion, it is suggested that even in the absence of formal Treaty reform, values such as publicity and participation could be crucial normative standards to be included in the further design of EU decision-making procedures.

Private-Public Interaction in Global Governance: The Case of Transnational Commercial Arbitration

2010 ◽  
Vol 12 (3) ◽  
pp. 1-27 ◽  
Author(s):  
Christopher A. Whytock
Keyword(s):  
International Relations ◽  
Global Governance ◽  
Critical Role ◽  
Legal Analysis ◽  
Private Governance ◽  
Commercial Arbitration ◽  
Role Of The State ◽  
Private And Public ◽  
Rule Making

Scholars of international relations and global governance are increasingly interested in the transnational commercial arbitration system. So far, they have tended to characterize the system as a form of private global governance. However, using a combination of empirical and legal analysis, this article draws attention to the critical role of the state in the transnational commercial arbitration system, and shows that both rule-making and enforcement in the system depend largely on interactions between private and public actors. By treating arbitration as a form of private governance, scholars run the risk of obscuring these interactions and hindering their understanding of how transnational economic activity is governed. This article therefore argues for a modest reorientation of global governance scholarship on transnational commercial arbitration in a direction that focuses more closely on private-public interaction. More broadly, this article suggests that understanding interactions between private and public actors is a key to understanding global governance in general, and it raises doubts about the analytical desirability of a sharp distinction between private and public forms of global governance.

The Democratic Enactment of Representation

2017 ◽  
Author(s):  
Joseph Lacey
Keyword(s):  
Social Conflict ◽  
Political Representation ◽  
Political Community ◽  
Democratic Legitimacy ◽  
The Political ◽  
Democratic Representation

This chapter aims to understand the role of political representation in a theory of democratic legitimacy. Drawing on contemporary theories of political representation, the chapter attempts to determine what makes acts of political representation democratically legitimate, while identifying the possible ways in which democracy can go wrong through certain kinds of representative practices. This account of legitimate democratic representation suggests that numerous aspects of a well-functioning democracy can lead to more than just the resolution of social conflict, specifically by contributing to the formation of a common democratic identity among members of the political community. By the end of this chapter, a central contention of this project will become clear, namely that the institutionalization of democratic legitimacy will produce powerful centripetal effects on the political community.

scholarly journals Field Recognition and the State Prerogative: Why Democratic Legitimation Recedes in Private Transnational Sustainability Regulation

2017 ◽  
Vol 5 (1) ◽  
pp. 75-84 ◽  
Author(s):  
Klaus Dingwerth
Keyword(s):  
Standard Setting ◽  
The State ◽  
Transnational Governance ◽  
Private Governance ◽  
Extra Effort ◽  
Two Factors ◽  
New Entrants ◽  
Over Time

Like any regulatory effort, private transnational standard-setters need to legitimate themselves to the audiences from which they seek support or obedience. While early scholarship on private transnational governance has emphasized the centrality of <em>democratic</em> legitimation narratives in rendering private governance socially acceptable, evidence from more recent standard-setting schemes suggests a declining relevance of that narrative over time. In my analysis of private sustainability regulation, I identify a combination of two factors that jointly contribute to this diminished role of democratic legitimation. First, private transnational governance has become a pervasive phenomenon. This means that new entrants to the field no longer face the same liability of newness that required first movers to make an extra effort in legitimation. Second, private standard-setting has moved from areas characterized by ‘governance gaps’ to areas in which meaningful intergovernmental regulation already exists. In these areas, however, the ‘state prerogative’ in legitimating governance holds. As a result, transnational standard-setters rely not so much on stressing their democratic credentials, but instead emphasize their contribution to achieving internationally agreed goals.

From meditation to action – a research agenda for studying informal global rule-making: remarks on ‘Cosmopolitanism, publicity, and the emergence of a “global administrative law”’

2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter
Keyword(s):  
Global Governance ◽  
Comparative Research ◽  
Research Agenda ◽  
Institutional Design ◽  
Administrative Law ◽  
Democratic Legitimacy ◽  
Institutional Architecture ◽  
Global Law ◽  
Rule Making ◽  
Law Making

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.

Role of Self Help Groups A Study with Specific Reference to Vellore District

GIS Business ◽  
2019 ◽  
Vol 14 (6) ◽  
pp. 243-252
Author(s):  
Dr. M.A. Bilal Ahmed ◽  
Dr. S. Thameemul Ansari
Keyword(s):  
Leadership Role ◽  
Three Dimensions ◽  
Specific Reference ◽  
Government Organizations ◽  
Research Article ◽  
Self Help ◽  
The People ◽  
The World ◽  
Self Help Groups

SHG is a movement which came to being in the early 1969. Prof. Muhammed Younus, a great economist of Bangladesh took initiative in setting up Self Help Groups and these SHGs were gradually spread all over the world. This social movement unites the people hailing from poor background. Those who are joining this group feel socially and economically responsible to one another. In India, there are some likeminded bodies and stakeholders of some government organizations play pivotal role towards the formation of SHG In this research article, role of SHGs in Vellore district is studies under the three dimensions of Cognitive role, leadership role and role towards entrepreneurship.

The Role of National Constitutional Courts in European Democracy

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
European Union ◽  
Economic Liberalization ◽  
Democratic Legitimacy ◽  
European Law ◽  
The European Union ◽  
Constitutional Courts ◽  
European Court ◽  
European Democracy ◽  
And Function

This chapter examines the role of national constitutional courts in European democracy. It first provides an overview of national constitutional courts in Europe, focusing on the requirements that they impose on national institutions and the consequences of those requirements at the treaty level—i.e., transferring national powers to the European Union and regulating how these powers are exercised; at the level of the EU’s exercise of these powers; and at the level of implementing European law within national legal systems. The chapter also discusses how the European Court of Justice’s jurisprudence enabled the European treaties to function as a constitution; the non-political mechanism of EU decisions and how it promotes economic liberalization; and how the design and function of European primary law undermine democracy. The chapter suggests that the democratic legitimacy imparted to the EU’s decisions by its citizens can only develop within the framework of the European Parliament’s powers.

The SEC’s Impact on the Federalization of Corporate Governance—A Traditional Perspective

2018 ◽  
Author(s):  
Marc I. Steinberg
Keyword(s):  
Corporate Governance ◽  
Mergers And Acquisitions ◽  
Insider Trading ◽  
Securities And Exchange Commission ◽  
Outside Directors ◽  
Tender Offers ◽  
Going Private ◽  
Rule Making

This chapter examines, from a traditional perspective, several areas where the Securities and Exchange Commission (SEC) has impacted corporate governance in a meaningful way. By way of example, these subjects include insider trading, qualitative materiality, the role of gatekeepers (such as outside directors, attorneys, and accountants), the Commission’s use of disclosure to influence conduct, the implementation by subject companies of undertakings pursuant to SEC enforcement proceedings, and mergers and acquisitions (including tender offers and going-private transactions). This chapter’s focus is on the manner in which the SEC for well over 50 years has impacted corporate governance by means of exercising its rule-making and oversight authority.

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