From Administrative Law to Administrative Legitimation? Transnational Administrative Law and the Process of European Integration

International & Comparative Law Quarterly, Forthcoming

Warwick School of Law Research Paper No. 2012/12

40 Pages Posted: 22 May 2012 Last revised: 3 Sep 2012

See all articles by Ming-Sung Kuo

Ming-Sung Kuo

University of Warwick - School of Law

Date Written: September 2, 2012

Abstract

Globalisation redefines the relationship between law and space, resulting in the emergence of transnational administrative law in a globalising legal space. I aim to shed light on transnational administrative law by examining how administrative law relates to the process of European integration. I argue that the idea of administrative legitimation is at the core of this relationship. In the European Union, transnational administration grounds its legitimacy on the fulfilment of administrative law requirements. However, given that in the European Union, administrative legitimation is rooted in Europe’s constitutional transformation, I caution against the projection of Europe’s experience onto global governance.

Keywords: administrative legitimation, European Union, duality of constitutionalisation, transnational administrative law, globalising legal space, global governance, material constitutionalisation, formal constitutionalisation

Suggested Citation

Kuo, Ming-Sung, From Administrative Law to Administrative Legitimation? Transnational Administrative Law and the Process of European Integration (September 2, 2012). International & Comparative Law Quarterly, Forthcoming ; Warwick School of Law Research Paper No. 2012/12. Available at SSRN: https://ssrn.com/abstract=2064034

Ming-Sung Kuo (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry, CV4 7AL
United Kingdom

HOME PAGE: http://warwick.ac.uk/fac/soc/law/people?id=4945a0b0c6550cc21bbcc89cf0b570af

Register to save articles to
your library

Register

Paper statistics

Downloads
158
Abstract Views
729
rank
187,146
PlumX Metrics