Rethinking the Law-Space Nexus in Global Governance: The Case of Global Administrative Law
Diane Stone & Kim Moloney (eds), Oxford Handbook on Global Public Policy and Transnational Administration (Oxford University Press, Forthcoming)
25 Pages Posted: 4 Oct 2016
Date Written: 2016
Resulting from a multinational research project based at New York University School of Law, Global Administrative Law (GAL) has become one of the main approaches to think the issues surrounding global governance. Apart from being a theoretical stance, however, GAL refers further to the actual regulations concerning global governance that inspire GAL and to the legal rules and principles that GAL as a theoretical approach identifies as normatively governing global administration. In contrast to other approaches, GAL aims to answer both the practical and normative issues of global governance with no worldwide lawmaking authority in sight. And the layered meaning of GAL is related to the attempt to project the experience of national administrative law onto the global administrative space. What makes GAL even more intriguing is that global governance transcends the assumption that the nation-state underlies the space of law, suggesting the changing relationship between law and space.
Situating the challenge of global governance in the reconfigured law-space nexus, this paper aims to shed light on GAL’s uniqueness among various approaches to global governance with focus on the unease GAL has expressed with its own constitutional implications. The argument proceeds as follows. First, it is explained why GAL’s approach to global governance echoes the history of responding to the emergence of modern administrative agencies with administrative law in the United States. It is also noted that GAL reframes the world of national legal orders as a ‘global administrative space’. Second, it is shown that GAL turns to the idea of publicness to address the dual challenge of legality and legitimacy and the question of legal pluralism arising from the heterogeneity of global governance. Finally, it is concluded with discussion of the unsettled relationship between GAL and Global Constitutionalism.
Keywords: Global Administrative Law (GAL), National Administrative Law and the Modern Administrative State, Global Governance, Global Constitutionalism, Legality and Legitimacy, Rule of Law, Global Administrative Space, Publicness, Law and Space
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