ABSTRACT

The central aim of this chapter is to provide an analytical and evaluative framework for the research puzzle of the book situating the study of the EES in the context of New Governance and constitutionalism debates. In particular, by setting aside the traditionally perceived divide between "soft" and "hard" law, it seeks to question to what extent and in what way legal instruments and processes as well as constitutional values and norms are or may be involved in the operation of "new" modes of governance and what role new approaches to regulation have or may have within the more well-defined structures of law and constitutionalism.