The Administrative Origins of Constitutional Rights and Global Constitutionalism

in Mark Tushnet and Vicki Jackson (eds.), Proportionality: New Frontiers, New Challenges (2017, Cambridge University Press, Forthcoming)

42 Pages Posted: 8 Apr 2017  

Moshe Cohen-Eliya

College of Law and Business; Academic Center of Law and Business

Iddo Porat

College of Law and Business - Ramat Gan Law School

Date Written: April 6, 2017

Abstract

Our argument would be that the gap between American and European/Global constitutional law stems partly from the fact that American constitutional law developed well before American administrative law, whereas European constitutional law developed well after European administrative law. This historical fact, we shall argue, has created a different conception of constitutional law and of constitutional rights which keeps informing both systems to this day.

Keywords: administrative law, constitutional law, global constitutionalism, proportionality

JEL Classification: K10

Suggested Citation

Cohen-Eliya, Moshe and Porat, Iddo, The Administrative Origins of Constitutional Rights and Global Constitutionalism (April 6, 2017). in Mark Tushnet and Vicki Jackson (eds.), Proportionality: New Frontiers, New Challenges (2017, Cambridge University Press, Forthcoming). Available at SSRN: https://ssrn.com/abstract=2947530

Moshe Cohen-Eliya

College of Law and Business ( email )

26 Ben-Gurion St.
Ramat-Gan
Israel

Academic Center of Law and Business ( email )

26 Ben-Gurion St.
Ramat Gan
Israel
972-3-6000800 (Phone)
972-3-6000801 (Fax)

Iddo Porat (Contact Author)

College of Law and Business - Ramat Gan Law School ( email )

26 Ben-Gurion St.
Ramat Gan, 52275
Israel

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