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Globalization, Democracy, and the Need for a New Administrative Law

30 Pages Posted: 23 Apr 2007  

Alfred C. Aman Jr.

Indiana University-Bloomington, Maurer School of Law

Abstract

This article argues that a new administrative law is emerging, characterized in part by the following factors: (1) new blends of public and private power at all levels of government; (2) a redefinition of what is public and what is private; (3) greater reliance on bargaining and negotiation models of power; (4) a diminution of public participation stemming from increased reliance on privatization and, in effect, the delegation of public function to private entities; and (5) a market discourse that arguably narrows the role of noneconomic values in decisionmaking processes.

I will argue that these emerging trends are indicative of the ways globalization has changed the nature of the relationship of markets to the state, creating a democracy deficit and necessitating new roles for administrative law.

Keywords: globalization, administrative law, democracy deficit, privatization, deregulation, corporatism

Suggested Citation

Aman, Alfred C., Globalization, Democracy, and the Need for a New Administrative Law. UCLA Law Review, Vol. 49, p. 1687, 2002. Available at SSRN: https://ssrn.com/abstract=981771

Alfred C. Aman Jr. (Contact Author)

Indiana University-Bloomington, Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-1902 (Phone)
812-855-0555 (Fax)

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