Global Administrative Law and Deliberative Democracy

Forthcoming in A Orford & F Hoffmann (eds), Oxford Handbook of International Legal Theory

13 Pages Posted: 9 Mar 2015

See all articles by Benedict Kingsbury

Benedict Kingsbury

New York University School of Law

Megan Donaldson

NYU School of Law - Institute for International Law and Justice

Rodrigo Vallejo

Institute for International Law & Justice

Date Written: March 8, 2015

Abstract

An early framing of ‘global administrative law’ (GAL) provisionally ‘bracket[ed] the question of democracy’ as too ambitious an ideal for global administration. To many, the bracketing of democracy has appeared analytically unpersuasive and normatively dubious. This essay is an initial attempt to open the brackets and bring GAL and democracy into conversation. It addresses two separate observations: first, that democracy currently lacks tools to respond to the globalization and diffusion of political authority; and secondly, that GAL is not presently democratic — it has no room for democratic concerns in its emerging norms. The juxtaposition of democracy and GAL yields insights for the way in which each might contribute to the reimagination of global governance.

Keywords: Global administrative law, accountability, global governance, deliberative democracy, representation, transparency

JEL Classification: K33, K29

Suggested Citation

Kingsbury, Benedict and Donaldson, Megan and Vallejo, Rodrigo, Global Administrative Law and Deliberative Democracy (March 8, 2015). Forthcoming in A Orford & F Hoffmann (eds), Oxford Handbook of International Legal Theory. Available at SSRN: https://ssrn.com/abstract=2575435

Benedict Kingsbury (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6278 (Phone)

Megan Donaldson

NYU School of Law - Institute for International Law and Justice ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Rodrigo Vallejo

Institute for International Law & Justice

40 Washington Square South
New York, NY 10012-1099
United States

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