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The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

The research contributes to a better understanding of the different legal orders analysed.

This chapter presents an analysis of the constitutional definitions of the right to education. Four countries of the Southern Common Market are selected: Argentina, Brazil, Uruguay (member countries) and Chile (an associate State). A conceptual definition of the right to education -from the human rights-based perspective- is provided in order to analyze, from a comparative standpoint, the constitutional norms of each country. In recent decades, these countries have experienced recurrent school reforms which, as they are framed within legal definitions, have regulated the right to education as a premise for overcoming social inequalities. First, a definition of this concept is provided. Second, the national constitutions of each country are analyzed so as to identify the definitions they have in this field. Subsequently, a comparative discussion of the underlying regulatory definitions of the right to education is carried out. Finally, the scope and limitations that the constitutional texts of these countries have on the right to education are discussed, which allow for a better understanding of school reform processes that were carried out during the last decades and that had the right to education as an object of regulation and reconfiguration.

The legal status of citizenship is constitutive in that it determines the boundaries of formal membership of a nation-state and, by implication, the lines of exclusion. The ways in which Australian law has defined membership over time – from subject status to citizen – provide a case study of the factors at play in understanding citizenship within a constitutional setting. We see that the constitution of citizenship may be a complex and unsettled evolutionary process.

A striking feature of Jaques' work is his “no nonsense” attitude to the “manager‐subordinate” relationship. His blunt account of the origins of this relationship seems at first sight to place him in the legalistic “principles of management” camp rather than in the ranks of the subtler “people centred” schools. We shall see before long how misleading such first impressions can be, for Jaques is not making simplistic assumptions about the human psyche. But he certainly sees no point in agonising over the mechanism of association which brings organisations and work‐groups into being when the facts of life are perfectly straightforward and there is no need to be squeamish about them.

This chapter attempts to answer some of the questions raised in this volume, in particular: (1) provide a concise but precise definition of multi-level governance; (2) prove that it is a theoretical and not just a descriptive concept and (3) dispel some of the misconceptions associated with it, for example, that (a) multi-level governance underplays and conceals the exercise of power or (b) it is incompatible with democracy.

The chapter is correspondingly organized in four sections, preceded and followed by short introductory and concluding sections. The four sections address, respectively: (1) the definition of multi-level governance (MLG) (‘Solving the dependent variable problem’); (2) the causes that explain the emergence and diffusion of MLG arrangements (‘The contextual causes of MLG’); (3) the changes that it triggers in the manner in which power is deployed (‘The institutional consequences of MLG’); (4) the democratic implications of the diffusion of MLG arrangements (‘Are MLG arrangements democratic?’).

The methodology employed is mainly that of ‘conceptual analysis’ (Sartori, 1984), which implies that the connotational features (those features which minimally allow us to identify cases of MLG) of the concept are identified so that we can delimit the denotational extension of the concept (the universe of phenomena which can be identified as cases of MLG). This chapter contains a highly abridged version of this conceptual analysis, which is fully developed in Piattoni (2010a).

MLG denotes a growing class of policymaking arrangements characterized by the simultaneous activation of governmental and non-governmental actors at various jurisdictional levels. These arrangements have identifiable contextual causes, even if the precise contours of MLG arrangements depend on the capacity of the actors to mobilize arguments and people on behalf of their specific ideas, values and interest. The precise shape that these arrangements will take, therefore, depends on the mobilization capacity of the actors (and on the capacity of other actors to contain or delimit such mobilization). The causes of mobilization are mainly contextual, having to do with the increased complexity and overload of state activities and with the growing request for direct involvement on the part of civil society organizations. Both these trends induce states to seek joint solutions to common problems, hence MLG dynamics occur on three axes: a centre-periphery axis, a state-society axis, and a national-international axis which challenge, respectively, the centrality, the distinctiveness and the sovereignty of the state.

This conceptualization of MLG allows us to analyse the extent to which different policymaking arrangements respond to MLG logics and to understand which actors and which levels are mostly responsible for the particular configuration that obtains. This conceptualization of MLG, although here deployed in a purely discursive manner, could enable us to ‘measure’ the degree of institutional and political empowerment of subjects, other than central state actors, in various policy realms.

The most important social implication is the impact that MLG arrangements have on how democratic decision-making occurs, on what we mean by democracy, and on the societal perception of how contemporary democracies work. The chapter argues that trying to apply to MLG arrangements democratic criteria and standards that were developed for the unitary, distinctive and sovereign state is misleading and that we must rather develop an updated notion of democracy appropriate for the interconnected, multi-level context in which we live. The concept of ‘transnational democracy’ is cursorily offered as a promising direction for further reflection.

The chapter is wholly based on the long-term work and reflection of the author on MLG and on the scholarly contributions of the other authors of the volume.

The purpose of this paper is to explain and come to an understanding of origin and growth relating to the concept of environment and sustainable development in domestic and international laws; also to show the rationality of enlisting the right to the environment as a basic right in the constitution, that would help to protect this value from the detrimental activities of private entities and states, and also to show the rationality of institutional development.

This paper attempts to focus on environment and sustainable development in Bangladesh. The research is based upon theoretical sources and empirical data.

An environment is a set of natural, artificial or man‐made, physical, chemical and biological elements that make the existence, transformation and development of living organisms possible. The appearance of the environmental law arose from the need to conserve the environment in order to avoid its destruction and, as a result, the danger that an adequate quality of life might disappear. By conservation, we understand all those measures that are necessary to preserve the environment and natural resources. In modern times, human development corresponds to the concept of sustainable development and environment. It is a transverse theme derived from joint consideration of the issue of the environment and environmental protection, and of all that concerns production in the development of a country or nation.

The paper is original in calling for making the constitution a weapon, in as much as the environment should be fit for human development so that productive activities may meet present needs without compromising those of future generations. The environment is an independent value and needs as strict protection as other commonly agreed values, such as the right to property, or the right to life and health.

The UK Government’s’ “modernisation” programme has impacted and will continue to impact on the Law courts and judiciary procedures. Explores these impacts in seven areas: judicial independence; quality of service; cost‐effectiveness; democracy; efficiency; speed; and government as the driver.

This contribution argues that there is a fundamental problem for the multi-level governance (MLG) approach in that what the approach is trying to explain has never been fully agreed by the vast group of scholarship that references it. The chapter then examines and proposes that ideas and concepts from network governance, principal–agent (PA) and learning can provide the necessary micro foundations for the MLG approach.

The chapter examines and critiques the original MLG formulations and the later efforts at elaboration. It then reviews the literature and concepts for three public policy approaches that have been associated with European governance to see how core explanations can be elaborated upon in a multi-level context: network governance, principal–agent (PA) and learning.

This contribution suggests that co-ordination, and the resources that help maintain this co-ordination, is the key dependent variable that underpins the MLG approach. With multiple principals and multiple agents, operating at a number of levels of analysis, direct authority and control is harder to evoke. The key explanatory variable underpinning this MLG co-ordination is learning by the participants.

Researchers need to concentrate both their theoretical and empirical efforts in understanding the conditions that support multi-level governance and that sustain its effort.

The contribution outlines some of the key practical questions that policy-makers must face. Can they manage resources and induce learning from all the relevant public and private stakeholders to engage in the MLG effort?

Not only does an effective MLG process involve engaging a wide range of societal stakeholders, these stakeholders have to be persuaded to invest effort in learning about the nature of the governance system, the challenges of the policy problem and the implications of the efforts to resolve these problems.

This chapter isolates the fundamental lacuna at the heart of the MLG project and offers academics and practitioners a conceptual lens for building a clearer analytical structure for studying MLG.