Abstract

http://ssrn.com/abstract=1875926
 


 



Constitutional Versus Administrative Ordering in an Era of Globalization and Privatization: Reflections on Sources of Legitimation in the Post-Westphalian Polity


Michel Rosenfeld


Benjamin N. Cardozo School of Law

2011

Cardozo Law Review, Vol. 32, 2011
Cardozo Legal Studies Research Paper No. 341

Abstract:     
The current trend towards globalization and privatization has resulted in the proliferation of a plurality of legal regimes that lack the unity and hierarchy guaranteed by a working constitution in the typical nation-state. One important question raised by these developments is whether a suitable constitutional ordering and constitutional legitimation can succeed at the transnational level. In the alternative, it has been suggested that administrative ordering and legitimation may suffice, provided constitutional anchoring remains firm within the confines of the nation-state. With this in mind, this article explores the conceptual underpinnings of the contrast between a constitutional regime and an administrative one; assesses how these two regimes compare in relation to supra-national entities, focusing mainly on the EU; concentrates on the challenges posed by privatization; and considers whether public law ought to be re-conceived in light of the preceding analysis.

Number of Pages in PDF File: 26

Keywords: constitutionalism, privatization, globalization, legitimacy, European Union, nation-state, global administrative law, public/private distinction

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Date posted: July 1, 2011  

Suggested Citation

Rosenfeld, Michel, Constitutional Versus Administrative Ordering in an Era of Globalization and Privatization: Reflections on Sources of Legitimation in the Post-Westphalian Polity (2011). Cardozo Law Review, Vol. 32, 2011; Cardozo Legal Studies Research Paper No. 341. Available at SSRN: http://ssrn.com/abstract=1875926

Contact Information

Michel Rosenfeld (Contact Author)
Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
212-790-0234 (Phone)
212-790-0205 (Fax)
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