Law and Constitutionalism in the Mirror of Non-Governmental Standards: Comments on Harm Schepel
In Christian Joerges, Inger-Johanne Sand and Gunther Teubner (eds.). Transnational Governance and Constitutionalism. Oxford: Hart Publishing, 2004: 189-198.
11 Pages Posted: 4 Nov 2017
Date Written: February 2, 2004
This paper examines some of the potential constitutional implications of the growing reliance on, and apparent increasing legitimacy, of non-state standard setting, as documented in the work of Harm Schepel. It argues, among other things, that private standard setting increasingly exhibits the procedural characteristics of public law processes; that increasing reliance is being placed on the invocation of principles to achieve a modicum of regulatory coordination; and that the reliance on private standard setting, which in fact has many “public” elements, may be changing what it means to be “public,” and indeed what it means to be constitutional. The paper concludes by suggesting that these developments may challenge the conventional definition of what it means to be a legal scholar.
Keywords: private standard setting, constitutionalism, global administrative law, global governance, legal pluralism, delegation doctrine
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