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
Date Written: April 6, 2017
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: Suggested Citation