This article starts from the assertion that Transnational Private Regulatory Regimes (TPRERs) construct relationships of recognition with the plurality of public and private normative orders and actors that surround them. We argue that the strategies and norms adopted to manage these relationships are reflexive responses to competing legitimacy demands and to issues of regulatory conflict and that they have a meta-regulatory character. More specifically, we explore two disciplines and professional fields, Better Regulation (BR) and Private International Law (PIL), as direct sources of meta-norms and as more indirect sources of inspiration for meta-regulatory strategies. Building on literature that has cast transnational governance and conflict of laws thinking as abstract repositories of potentially useful metaregulatory ideas, we explore the actual potential for ± and limitations of ± the migration of disciplinary practices and perspectives in the context of TPR. INTRODUCTIONTransnational Private Regulatory Regimes (TPRERs) operate in a heterarchical environment characterized by a plurality of public and private normative orders and actors. Within the relevant literatures on transnational and supranational regulation, we identify two main perspectives for the observation of relationships between TPRERs and this environment. The first is the idea that multiple public and private regulators in the transnational sphere 138
The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today.
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What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.
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