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Values in Global Administrative Law

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

ISBN13: 9781849460095
Published: February 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



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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.

Subjects:
Constitutional and Administrative Law, Public International Law
Contents:
1. Introduction to the Collection G Anthony, J-B Auby, J Morison, and T Zwart
2. A Global Due Process of Law? S Cassese
3. Globalisation and Extraterritorial Regulation: An Unexceptional Exception S Battini
4. Shared Administration and Networks: Global and EU Perspectives P Craig
5. Principles of an International Order of Information E Schmidt-Assmann
6. Possible Controls Over the Bending of Regulatory Science P Strauss
7. Accountability as a Value for Global Governance and Global Administrative Law C Harlow
8. Would International Courts be Able to Fill the Accountability Gap at the Global Level? T Zwart
9. The Place of Public Interest J Morison and G Anthony
10. Public Goods and Global Administrative Law J-B Auby
11. Global Citizenship and Global Legitimacy L Ortega
12. Affirmative Action: A New Challenge for Equality G Gerapetritis
13. Fundamental Rights in the Global and European Law Order J Dutheil de la Rochere
14. Administrative Due or Fair Process: Different Paths in the Evolutionary Formation of a Global Principle and a Global Right S Correia
15. Access to Justice, Legal Certainty, and Economic Rationality A Gordillo
16. Processes of Transnationalisation of Administrative Values: Administrative Regulation and Transparency in the EU F Goudappel and T van den Brink
17. Globalisation of Administrative Law-the European Experience T Koopmans