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Author: Jonathan Garton Publisher: ISBN: 9781472560483 Category : Charitable uses, trusts, and foundations Languages : en Pages : 264
Book Description
"Although much has been written on organised civil society - the loose collective of organisations that operate outside the public sector, the private market and the family unit - over the past 30 years, there has been little jurisprudential analysis. This is in spite of the fact that a number of jurisdictions, including England, New Zealand, Northern Ireland and Scotland, have recently implemented major reforms to the regulatory frameworks in which civil society organisations operate, with a particular emphasis on the charitable sectors. Redressing the balance, this monograph considers from first principles when it is appropriate to regulate organised civil society and how that regulation might best be accomplished. Four broad issues are addressed: (a) whether the activities undertaken by civil society organisations are distinct from the activities undertaken by the state or the market, either because they are pursued in unique ways, or because they produce unique outcomes; (b) if so, whether it is justifiable to regulate organised civil society activities in a sector-specific way; (c) if it is, whether the peculiar characteristics of these activities make one type of regulation more appropriate than another; and (d) whether it is appropriate to distinguish between charities and other civil society organisations for regulatory purposes. The monograph integrates the traditionally separate disciplines of civil society theory and regulation theory to provide answers to these questions and advance a rudimentary theory of regulation specific to organised civil society."--Bloomsbury Publishing
Author: Jonathan Garton Publisher: ISBN: 9781472560483 Category : Charitable uses, trusts, and foundations Languages : en Pages : 264
Book Description
"Although much has been written on organised civil society - the loose collective of organisations that operate outside the public sector, the private market and the family unit - over the past 30 years, there has been little jurisprudential analysis. This is in spite of the fact that a number of jurisdictions, including England, New Zealand, Northern Ireland and Scotland, have recently implemented major reforms to the regulatory frameworks in which civil society organisations operate, with a particular emphasis on the charitable sectors. Redressing the balance, this monograph considers from first principles when it is appropriate to regulate organised civil society and how that regulation might best be accomplished. Four broad issues are addressed: (a) whether the activities undertaken by civil society organisations are distinct from the activities undertaken by the state or the market, either because they are pursued in unique ways, or because they produce unique outcomes; (b) if so, whether it is justifiable to regulate organised civil society activities in a sector-specific way; (c) if it is, whether the peculiar characteristics of these activities make one type of regulation more appropriate than another; and (d) whether it is appropriate to distinguish between charities and other civil society organisations for regulatory purposes. The monograph integrates the traditionally separate disciplines of civil society theory and regulation theory to provide answers to these questions and advance a rudimentary theory of regulation specific to organised civil society."--Bloomsbury Publishing
Author: Tymen J. van der Ploeg Publisher: Cambridge University Press ISBN: 1108161731 Category : Law Languages : en Pages : 605
Book Description
The regulation of civil society provides the framework under which those organisations can most effectively provide services in education, health, social services, housing, development aid and so on. Civil Society in Europe identifies common principles of civil society law in two ways. First, the approaches of the Council of Europe and the European Union are explored. Next, civil society regulation in twelve domestic legal systems are investigated on a broad range of substantive areas of law including internal organisation, registration, external supervision, public benefit organisations and international activities. From these, the authors distill a set of minimum norms and optimal conditions under which civil society can deliver its aims most effectively. This book is essential reading for policymakers and legislators across Europe and beyond.
Author: Tymen J. Van der Ploeg Publisher: ISBN: 9781108163170 Category : Civil society Languages : en Pages :
Book Description
The regulation of civil society provides the framework under which those organisations can most effectively provide services in education, health, social services, housing, development aid and so on. Civil Society in Europe identifies common principles of civil society law in two ways. First, the approaches of the Council of Europe and the European Union are explored. Next civil society regulation in twelve domestic legal systems are investigated on a broad range of substantive areas of law including internal organisation, registration, external supervision, public benefit organisations and international activities. From these, the authors distill a set of minimum norms and optimal conditions under which civil society can deliver its aims most effectively. This book is essential reading for policymakers and legislators across Europe and beyond.
Author: Gianluca Sgueo Publisher: Springer ISBN: 331928875X Category : Law Languages : en Pages : 220
Book Description
This book explores the activism promoted by organised networks of civil society actors in opening up possibilities for more democratic supranational governance. It examines the positive and negative impact that such networks of civil society actors – named “interlocutory coalitions” – may have on the convergence of principles of administrative governance across the European legal system and other supranational legal systems. The book takes two main controversial aspects into account: the first relates to the convergence between administrative rules pertaining to different supranational regulatory systems. Traditionally, the spread of methods of administrative governance has been depicted primarily against the background of the interactions between the domestic and the supranational arena, both from a top-down and bottom-up perspective. However, the exploration of interactions occurring at the supranational level between legal regimes is still not grounded on adequate empirical evidence. The second controversial aspect considered in this book consists of the role of civil society actors operating at the supranational level. In its discussion of the first aspect, the book focuses on the relations between the European administrative law and the administrative principles of law pertaining to other supranational regulatory regimes and regulators, including the World Bank, the International Monetary Fund, the World Trade Organization, the United Nations, the Organization for Economic Cooperation and Development, the Asian Development Bank, and the Council of Europe. The examination of the second aspect involves the exploration of the still little examined, but crucial, role of civil society organised networks in shaping global administrative law. These “interlocutory coalitions” include NGOs, think tanks, foundations, universities, and occasionally activists with no formal connections to civil society organisations. The book describes such interlocutory coalitions as drivers of harmonized principles of participatory democracy at the European and global levels. However, interlocutory coalitions show a number of tensions (e.g. the governability of coalitions, the competition among them) that may hamper the impact they have on the reconfiguration of individuals’ rights, entitlements and responsibilities in the global arena.
Author: Scott L. Greer Publisher: World Health Organization ISBN: 9289050438 Category : Law Languages : en Pages : 191
Book Description
Civil Society Organizations (CSOs) can make a vital contribution to public health and health systems but harnessing their potential is complex in a Europe where government-CSO relations vary so profoundly. This study is intended to outline some of the challenges and assist policy-makers in furthering their understanding of the part CSOs can play in tandem and alongside government. To this end it analyses existing evidence and draws on a set of seven thematic chapters and six mini case studies. They examine experiences from Austria Bosnia-Herzegovina Belgium Cyprus Finland Germany Malta the Netherlands Poland the Russian Federation Slovenia Turkey and the European Union and make use of a single assessment framework to understand the diverse contexts in which CSOs operate. The evidence shows that CSOs are ubiquitous varied and beneficial and the topics covered in this study reflect such diversity of aims and means: anti-tobacco advocacy food banks refugee health HIV/AIDS prevention and cure and social partnership. CSOs make a substantial contribution to public health and health systems with regards to policy development service delivery and governance. This includes evidence provision advocacy mobilization consensus building provision of medical services and of services related to the social determinants of health standard setting self-regulation and fostering social partnership. However in order to engage successfully with CSOs governments do need to make use of adequate tools and create contexts conducive to collaboration. To guide policy-makers working with CSOs through such complications and help avoid some potential pitfalls the book outlines a practical framework for such collaboration. This suggests identifying key CSOs in a given area; clarifying why there should be engagement with civil society; being realistic as to what CSOs can or will achieve; and an understanding of how CSOs can be helped to deliver.
Author: David Armstrong Publisher: Routledge ISBN: 1136888934 Category : Political Science Languages : en Pages : 214
Book Description
A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. Structures and processes occurring within and between states are no longer the only – or even the most important - determinants of those political, economic and social developments and dynamics that shape the modern world. Many issues, including the environment, health, crime, drugs, migration and terrorism, can no longer be contained within national boundaries. As a result, it is not always possible to identify the loci for authority and legitimacy, and the role of governments has been called into question. Civil Society anf International Governance critically analyses the increasing impact of nongovernmental organisations and civil society on global and regional governance. Written from the standpoint of advocates of civil society and addressing the role of civil society in relation to the UN, the IMF, the G8 and the WTO, this volume assess the role of various non-state actors from three perspectives: theoretical aspects, civil society interaction with the European Union and civil society and regional governance outside Europe, specifically Africa, East Asia and the Middle East. It demonstrates that civil society’s role has been more complex than one defined in terms, essentially, of resistance and includes actual participation in governance as well as multi-facetted contributions to legitimising and democratising global and regional governance. This book will be of interest to students and scholars of political science, international relations, civil society, sociology, European politics and global governance.
Author: Jonathan Garton Publisher: Bloomsbury Publishing ISBN: 1847315143 Category : Law Languages : en Pages : 288
Book Description
Although much has been written on organised civil society - the loose collective of organisations that operate outside the public sector, the private market and the family unit - over the past 30 years, there has been little jurisprudential analysis. This is in spite of the fact that a number of jurisdictions, including England, New Zealand, Northern Ireland and Scotland, have recently implemented major reforms to the regulatory frameworks in which civil society organisations operate, with a particular emphasis on the charitable sectors. Redressing the balance, this monograph considers from first principles when it is appropriate to regulate organised civil society and how that regulation might best be accomplished. Four broad issues are addressed: (a) whether the activities undertaken by civil society organisations are distinct from the activities undertaken by the state or the market, either because they are pursued in unique ways, or because they produce unique outcomes; (b) if so, whether it is justifiable to regulate organised civil society activities in a sector-specific way; (c) if it is, whether the peculiar characteristics of these activities make one type of regulation more appropriate than another; and (d) whether it is appropriate to distinguish between charities and other civil society organisations for regulatory purposes. The monograph integrates the traditionally separate disciplines of civil society theory and regulation theory to provide answers to these questions and advance a rudimentary theory of regulation specific to organised civil society.
Author: Nicole Bolleyer Publisher: Oxford University Press ISBN: 0191076201 Category : Political Science Languages : en Pages : 376
Book Description
State regulation of civil society is expanding yet widely contested, often portrayed as illegitimate intrusion. Despite ongoing debates about the nature of state-voluntary relations in various disciplines, we know surprisingly little about why long-lived democracies adopt more or less constraining legal approaches in this sphere, in which state intervention is generally considered contentious. Drawing on insights from political science, sociology, comparative law as well as public administration research, this book addresses this important question, conceptually, theoretically, and empirically. It addresses the conceptual and methodological challenges related to developing systematic, comparative insights into the nature of complex legal environments affecting voluntary membership organizations, when simultaneously covering a wide range of democracies and the regulation applicable to different types of voluntary organizations. Proposing the analytical tools to tackle those challenges, it studies in-depth the intertwining and overlapping legal environments of political parties, interest groups, and public benefit organizations across 19 long-lived democracies. After presenting an innovative interdisciplinary theoretical framework theorizing democratic states' legal disposition towards, or their disinclination against, regulating voluntary membership organizations in a constraining or permissive fashion, this framework is empirically tested. Applying Qualitative Comparative Analysis (QCA), the comparative analysis identifies three main 'paths' accounting for the relative constraints in the legal environments democracies have created for organized civil society, defined by different configurations of political systems' democratic history, their legal family, and voluntary sector traditions. Providing the foundation for a mixed-methods design, three ideal-typical representatives of each path - Sweden, the UK, and France - are selected for the in-depth study of these legal environments' long-term evolution, to capture reform dynamics and their drivers that have shaped group and party regulation over many decades.
Author: Jonathan Garton
Author: Jonathan Garton
Author: Bridget M. Hutter
Author: Tymen J. van der Ploeg
Author: Tymen J. Van der Ploeg
Author: Gianluca Sgueo
Author: Scott L. Greer
Author: David Armstrong
Author: Jonathan Garton
Author: Nicole Bolleyer
Author: