Stateless Law: From Legitimacy to Validity

Helge Dedek and Shauna Van Praagh, eds, Stateless Law: Evolving Boundaries of a Discipline (Ashgate, 2015) 133-142

19 Pages Posted: 18 Feb 2015 Last revised: 17 May 2016

See all articles by Jaye Ellis

Jaye Ellis

McGill University - Faculty of Law

Date Written: February 17, 2015

Abstract

A central concern of many critics of the growing phenomenon of stateless law has turned on its democratic nature. Clearly, law in transnational space, whether promulgated by states or not, bears an uncertain relationship to the structures and processes for democratic legitimation of political authority as developed within the constitutional state; therefore, its status as valid law may be called into question. In this paper, I argue that transnational law, including stateless law, can be seen as grounded in democratic principles. However, when law moves into transnational space, democratic legitimation of law takes on a different form than in the constitutional state.

Keywords: transnational law; societal constitution; democratic legitimation

Suggested Citation

Ellis, Jaye, Stateless Law: From Legitimacy to Validity (February 17, 2015). Helge Dedek and Shauna Van Praagh, eds, Stateless Law: Evolving Boundaries of a Discipline (Ashgate, 2015) 133-142. Available at SSRN: https://ssrn.com/abstract=2566447 or http://dx.doi.org/10.2139/ssrn.2566447

Jaye Ellis (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
514 398 6625 (Phone)
514 398 3233 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
133
Abstract Views
568
rank
212,558
PlumX Metrics