Globalization, Democracy, and the Need for a New Administrative Law
30 Pages Posted: 23 Apr 2007
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
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