Adjudicating New Governance

This book engages and advances the current debate on new governance by providing a much-needed analysis of its relationship to law. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. With far-reaching implications for how we understand the justiciability of ‘soft law’, participation rights, the legitimacy of governance measures, and the role of courts in both the EU and internationally, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will, therefore, be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.