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http://eprints.lse.ac.uk/24563...
Part of book or chapter of book
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LSE Research Online
Research . 2009
SSRN Electronic Journal
Article . 2009 . Peer-reviewed
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https://doi.org/10.1093/acprof...
Part of book or chapter of book . 2010 . Peer-reviewed
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Global Administrative Law and the Constitutional Ambition

Authors: Krisch, Nico;

Global Administrative Law and the Constitutional Ambition

Abstract

Abstract This chapter weighs the pros and cons of applying the insights of constitutionalism to issues of global law. After sketching the challenge both global constitutionalism and global administrative law face in the precarious legitimacy of transnational and global governance, it examines more closely the scope and aims of both projects. It is in their respective ambitions that the key difference between the two lies: constitutionalist visions set out to describe and develop a fully justified global order, while global administrative law approaches are more limited in scope, focusing on particular elements of global governance and confining themselves to the analysis and realisation of narrower political ideals, especially accountability. Such a limited approach does, however, raise serious problems, both on the practical and the normative level. The chapter focuses on only on two sets of issues: the difficulty in separating ‘administrative’ from ‘constitutional’ issues, and the risk of legitimising illegitimate institutions, in part by elevating them to the level of law. Although the resulting challenge for global administrative law is serious and will condition the further trajectory of the project, it should not distract from the significant advantages its more limited ambition entails.

Country
United Kingdom
Keywords

public international law, regulation

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    37
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Top 10%
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
37
Average
Top 10%
Top 10%
Green
bronze