Book contents
- Frontmatter
- Dedication
- Epigraph
- Contents
- Preface
- Introduction: images of law
- Meditation 1 Inter-disciplinarity, the epistemological ideal of incontrovertible foundations, and the problem of praxis
- Meditation 2 On the concept of law
- Meditation 3 On constitutions and fragmented orders
- Meditation 4 Of experts, helpers, and enthusiasts
- Meditation 5 The power of metaphors and narratives: systems, teleology, evolution, and the issue of the “global community”
- Meditation 6 Cosmopolitanism, publicity, and the emergence of a “global administrative law”
- Meditation 7 The politics of rights
- Meditation 8 The limits and burdens of rights
- Meditation 9 The bounds of (non)sense
- Index
- References
Meditation 6 - Cosmopolitanism, publicity, and the emergence of a “global administrative law”
Published online by Cambridge University Press: 05 June 2014
Book contents
- Frontmatter
- Dedication
- Epigraph
- Contents
- Preface
- Introduction: images of law
- Meditation 1 Inter-disciplinarity, the epistemological ideal of incontrovertible foundations, and the problem of praxis
- Meditation 2 On the concept of law
- Meditation 3 On constitutions and fragmented orders
- Meditation 4 Of experts, helpers, and enthusiasts
- Meditation 5 The power of metaphors and narratives: systems, teleology, evolution, and the issue of the “global community”
- Meditation 6 Cosmopolitanism, publicity, and the emergence of a “global administrative law”
- Meditation 7 The politics of rights
- Meditation 8 The limits and burdens of rights
- Meditation 9 The bounds of (non)sense
- Index
- References
Summary
Introduction
The debate of the emergence of a global administrative law follows and parallels a series of debates in international law on constitutionalization that were conducted with different emphases on both sides of the Atlantic. In the USA the “constitutional” debate – and here again we might distinguish the debates concerning the issue of “federal pre-emption” and the issue of “proper delegation” of powers to administrative agencies – took place together with an “internationalist” debate that centred on both the disaggregation of the state and the emergence of governmental networks. In Europe the emphasis was somewhat different in that there the European experiment played an important role. It addressed the EU’s “democratic deficit” and focused on attempts to give the ordo-liberal interpretation of the EU some broader constitutional moorings. Thus both the inclusion of human rights incorporating the meanwhile extensive jurisprudence of the ECtHR as well as the push for a “constitutional treaty” aimed at improving the accountability of the European institutions and at increasing the legitimacy of the European project. At the same time this debate linked up with the discussions concerning the emergence of an “international” (administrative) law, but here was indebted more to an international and comparative law perspective than to the American tradition of administrative law.
Of course all these debates also related to the more general issues concerning “liberalization” moves. The two focal points were then on the one hand the “transition” countries that had to come to terms with their communist legacy, and on the other hand the promotion of the “rule of law,” which had become an explicit concern for US foreign policy – soon to be “operationalized” as an imperative for “regime change.” Even the UN and some of its “functional” organizations, such as the IMF and the World Bank, seemed to be caught by the sea change by taking leave of a narrow conception of their “functionalist” mission and enlarging their agendas. In this way the neo-classical orthodoxy that had informed the Washington consensus moved towards a “post Washington Consensus.” The latter contained some new policies such as poverty abatement, greater accountability of governments and international organizations, the promotion of the “rule of law,” and the adoption of “best practices” developed by experts in informal networks, sometimes even with the participation of members of civil society.
- Type
- Chapter
- Information
- The Status of Law in World SocietyMeditations on the Role and Rule of Law, pp. 168 - 199Publisher: Cambridge University PressPrint publication year: 2014
References
and , “Europäeisches Verwaltungsrecht und internationales Verwaltungsrecht,” in (ed.), Verwaltungsrecht der Europäeischen Union (Baden-Baden: Nomos, 2011), 1473–52Google Scholar
and , The Washington Consensus Reconsidered: Towards a New Global Governance (Oxford University Press, 2008)CrossRefGoogle Scholar
, “Good Governance at the Supranational Scale: Globalizing Administrative Law,” Yale Law Journal, vol. 115, no. 7 (2006), 1490–62, at 1490CrossRefGoogle Scholar
, “Transnational Regulatory Networks and their Limits,” Yale Journal of International Law, vol. 34 (2009), 114–71Google Scholar
, Gesammelte Aufsaetze zur Wissenschaftslehre, ed. by Johannes Winckelmann (Tübingen: Mohr, 1971)Google Scholar
, “Liberalism and its Discontents,” in , Outside Ethics (Princeton University Press, 2005), 11–28Google Scholar
, “Kant Liberal Legacies, and Foreign Affairs,” Philosophy and Public Affairs, vol. 12, no. 3 (1983), 205–35Google Scholar
, Political Writings, ed. by Hans Reiss (Cambridge University Press, 1991), 93–130 at 126Google Scholar
, Beyond Constitutionalism: The Pluralist Structure of Postnational Law (Oxford University Press, 2010)CrossRefGoogle Scholar
, and , “Developing the Publicness of Public International Law: Towards a Legal Framework for Global Governance Activities,” in , et al. (eds.), The Exercise of Public International Institutions (Heidelberg: Springer, 2010), 3–32Google Scholar
, “From Public International Law to International Public Law: A Comment on the Public Authority of International Institutions and the Publicness of their Law,” in , et al. (eds.), The Exercise of Public International Institutions (Heidelberg: Springer, 2010), 33–49Google Scholar
, “The Point of Discourse,” Social and Legal Studies, vol. 17, no. 1 (2008), 97–103CrossRefGoogle Scholar
Political Writings, ed. by (Cambridge University Press, 1970): at 178 and 184 respectivelyGoogle Scholar
, Regieren Jenseits des Nationalstaats: Globalisierung und Denationalisierung als Chance, 2nd edn. (Frankfurt: Suhrkamp, 2005)Google Scholar
, “Naming Global Administrative Law,” New York University Journal of International Law and Politics, vol. 37 (2005): 995–1001Google Scholar
and , “American Balancing and German Proportionality: The Historical Origins,” International Journal of Constitutional Law, vol. 8 no. 2 (2010): 263–86CrossRefGoogle Scholar
, “The Paradox of Parliamentary Supremacy: Delegation, Democracy and Dictatorship in France and Germany 1920–1950,” Yale Law Journal, vol. 113 2004): 1341–415, at 1410f.CrossRefGoogle Scholar
“Die Bedeutung der ultra vires Lehre als Masstab richterlicher Kontrolle oeffentlicher Gewalt in England,”Zeitschrift fuer auslaendisches oeffentliches Recht und Voelkerrecht, vol. 61 (2001), 85–105Google Scholar
, “Global Administrative Law: The Quest for Principles and Values,” European Journal of International Law, vol. 17, no. l (2006), 187–214, at 192CrossRefGoogle Scholar
, “European Legal Systems Are Not Converging,” The International and Comparative Law Quarterly, vol. 45 no. 1 (1996), 52–81, at 60CrossRefGoogle Scholar
, Jr and , A Republic of Statutes: The New American Constitution (New Haven: Yale University Press, 2010)Google Scholar
, “The Living Constitution,” The 2006 Oliver Wendell Holmes Lectures, Harvard Law Review, vol. 120, no. 7 (2007), 1738–812Google Scholar
and , “Tennis with the Net Down: Administrative Federalism without Congress,” Duke Law Journal, vol. 57 (2008), 2111–155Google Scholar
, “Voices of Differences in a Plural Community,” The American Journal of Comparative Law, vol. 50 (2002), 339–67, at 350CrossRefGoogle Scholar
, “The Reformation of American Administrative Law,” Harvard Law Review, vol. 88, no. 8, (1975), 1667–813CrossRefGoogle Scholar
, “US Administrative Law: A Model for Global Administrative Law,” Law and Contemporary Problems, vol. 68 (Summer/Autumn 2005), 63–108, at 73Google Scholar
, “The Study of Administration,” Political Science Quarterly, vol. 2 (1887), 197–222, at 198CrossRefGoogle Scholar
, and , “The Emergence of Global Administrative Law,” Law and Contemporary Problems, vol. 68 (2004/2005), 1–63 at 17Google Scholar
, “The Demand for Regimes,” International Organization, vol. 36, no. 2 (1982), 525–55CrossRefGoogle Scholar
, “Divergent Legal Conceptions of the State: Implications for Global Administrative Law,” Law and Contemporary Problems, vol. 68, no. 3/4 (2005), 167–88, at 178Google Scholar
, “Judicial Review of European Administrative Procedure,” Law and Contemporary Problems, vol. 68 (Winter 2004), 85–105Google Scholar
and , “Informal Politics, Formalized Law and the ‘Social Deficit’ of European Integration: Reflections after the Judgment of the ECJ in Viking and Laval,” European Law Journal, vol. 15, no. 1 (January 2009), 1–19CrossRefGoogle Scholar
, “A Slow Death for Subsidiarity,” International Journal of Constitutional Law, vol. 7 (January 2009), 139–54CrossRefGoogle Scholar
, The Scandal of Reason: A Critical Theory of Political Judgment (New York: Columbia University Press, 2012)Google Scholar
, “The Cosmopolitan Turn in Constitutionalism: On the Relationship between Constitutionalism in and beyond the State,” in and (eds.), Ruling the World?: Constitutionalism, International Law and Global Governance (Cambridge University Press, 2009), 258–324CrossRefGoogle Scholar
, “Democratic Constitutionalism Encounters International Law,” in (ed.), The Migration of Constitutional Ideas (Cambridge University Press), 256–93
, “Human Rights and Democracy: Is there a Place for Actual People(s)?,” in et al., From Bi-lateralism to Community Interests: Essays in Honor of Bruno Simma (Oxford University Press, 2011), 488–504CrossRefGoogle Scholar
, “El fracaso de la ‘falla del mercado’: vuelta a pensar en bienes ‘públicos’ y ‘privados’ con base en la riqueza de las naciones de Adam Smith, y el derecho romano,” Foro Internacional, vol. 50, no. 2 (2011), 422–45Google Scholar
, “On the Common Saying: ‘This may be True in Theory, but does not Apply in Practice’” in Political Writings, ed. by Hans Reiss (Cambridge University Press, 1970), at 74Google Scholar
, “Metaphysics of Morals,” sections 46 and 47 in Political Writings, ed. by Hans Reiss (Cambridge University Press, 1970)Google Scholar
, “Constitutional Conceits: The WTO Constitution and the Discipline of International Law,” European Journal of International Law, vol. 17, no. 3 (2006), 647–75CrossRefGoogle Scholar
, “Human Rights and International Economic Law in the 21st Century,” Journal of International Economic Law, vol. 4, no. 1 (2001), 3–39CrossRefGoogle Scholar
and , “The Hidden World of WTO Governance,” European Journal of International Law, vol. 20, no. 3 (2009), 575–614CrossRefGoogle Scholar
, “Time for a United Nations Global Compact for Integrating Human Rights into the Law of Worldwide Organizations,” European Journal of International Law, vol. 13, no. 3 (2002), 621–50CrossRefGoogle Scholar
, “The Constitutionalization of International Trade Law: Judicial Norm Creation as the Engine of Constitutional Development in International Trade,” European Journal of International Law, vol. 12 (2001), 39–75, at 42CrossRefGoogle Scholar
, “Co-option and Resistance: Two Faces of Global Administrative Law,” New York University Journal of International Law and Politics, vol. 37 (2005), 799–827Google Scholar
, “International Financial Standards and Codes: Mandatory Regulation Without Representation,” New York University Journal of Law and Politics, vol. 36 (2004), 563–634Google Scholar
, “Informal Procedure, Hard and Soft in International Administration,” Chicago Journal of International Law, vol. 5 no. 2 (2005): 547–635Google Scholar
, “The Culture of the WTO: Why it Needs to Change,”Journal of International Economic Law, vol. 10 (2007), 483–95, at 484CrossRefGoogle Scholar
, “New Trade Politics for the 21st Century,” Journal of International Economic Law, vol. 11, no. 3 (2008), 559–73, at 572fCrossRefGoogle Scholar
, “Three Generations of Participation Rights before The European Commission,” Law and Contemporary Problems, vol. 68 (Winter 2004), 61–83Google Scholar
, “Private Interest Representation or Civil Society Deliberation: A Contemporary Dilemma for European Governance,” Social and Legal Studies, vol. 12 (2003), 55–75 at 64CrossRefGoogle Scholar
, “Taming Governance with Legality: Critical Reflections upon Global Administrative Law,” New York University Journal of Law and Politics, vol. 44 (2011), 55–102 at 34Google Scholar
, A Rhetoric of Bourgeois Revolutions: The Abbe de Sieyes and “What is the Third Estate” (Durham, NC: Duke University Press, 1994)Google Scholar
, Philosophy of Right, transl. by William Wallace and A. V. Miller (Oxford University Press, 1967)Google Scholar