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.

University at Buffalo School of Law Legal Studies Research Paper No. 2004-001

11 Pages Posted: 4 Nov 2017

See all articles by Errol Meidinger

Errol Meidinger

University at Buffalo Law School

Date Written: February 2, 2004

Abstract

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

Suggested Citation

Meidinger, Errol, Law and Constitutionalism in the Mirror of Non-Governmental Standards: Comments on Harm Schepel (February 2, 2004). In Christian Joerges, Inger-Johanne Sand and Gunther Teubner (eds.). Transnational Governance and Constitutionalism. Oxford: Hart Publishing, 2004: 189-198.; University at Buffalo School of Law Legal Studies Research Paper No. 2004-001. Available at SSRN: https://ssrn.com/abstract=3064028

Errol Meidinger (Contact Author)

University at Buffalo Law School ( email )

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