Values in Global Administrative Law

by Anthony, Gordon; Auby, Jean-Bernard; Morison, John; Zwart, Tom

• ISBN13: 9781849460095
• ISBN10: 1849460094
• Format: Hardcover
• Copyright: 2011-02-14
• Publisher: Hart Publishing

Summary

Global Administrative Law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. Focusing in particular on the search for accountability and legitimacy, it carries with it testing questions about democracy in post-Westphalian society; the meaning of ideas of "publicness" and "public good"; and the global relevance of values that include due process, equality and fundamental rights. These, and other issues, are key to critiquing the form of governance that now envelops the globe. The present collection of essays brings together some of the leading public law scholars who are working in the field of global administrative law. Based on papers presented at a workshop held at Sciences-Po in Paris, it addresses past and future challenges related to global governance. Each of the contributions picks up on the more general theme of the values that do or should inform global administrative law, and the book in this way provides a novel and thought-provoking commentary on this most engaging area of debate. Values in Global Administrative Law will be of interest not just for public lawyers, but also for social and political scientists working on globalisation and/or international relations. It will also be an invaluable resource for undergraduate and postgraduate courses that touch partly or exclusively on the challenges of global governance.

Author Biography

Gordon Anthony is Professor of Law at Queen's University, Belfast.Jean-Bernard Auby is Professor of Public Law at Sciences Po Paris, and Director of the Chair in "Changes in Governance and Public Law".John Morison is Professor of Jurisprudence at Queen's University, Belfast.Tom Zwart is Professor of Law at Utrecht School of Law and the Director of the Netherlands School of Human Rights Research.

Table of Contents

Preface	p. v
List of Contributors	p. ix
Table of Cases	p. xiii
Table of Legislation	p. xix
Introduction to the Collection	p. 1
A Global Due Process of Law?	p. 17
Globalisation and Extraterritorial Regulation: An Unexceptional Exception	p. 61
Shared Administration and Networks: Global and EU Perspectives	p. 81
Principles of an International Order of Information	p. 117
Possible Controls Over the Bending of Regulatory Science	p. 125
Accountability as a Value for Global Governance and Global Administrative Law	p. 173
Would International Courts be Able to Fill the Accountability Gap at the Global Level?	p. 193
The Place of Public Interest	p. 215
Public Goods and Global Administrative Law	p. 239
Global Citizenship and Global Legitimacy	p. 251
Affirmative Action: A New Challenge for Equality	p. 263
Fundamental Rights in the Global and European Law Order	p. 297
Administrative Due or Fair Process: Different Paths in the Evolutionary Formation of a Global Principle and a Global Right	p. 313
Aess to Justice, Legal Certainty, and Economic Rationality	p. 363
Processes of Transnationalisation of Administrative Values: Administrative Regulation and Transparency in the EU	p. 373
Globalisation of Administrative Law-the European Experience	p. 38
Index	p. 407
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