An early framing of ‘global administrative law’ (GAL) provisionally ‘bracket[ed] the question of democracy’ as too ambitious an ideal for global administration. To many, the bracketing of democracy has appeared analytically unpersuasive and normatively dubious. This essay is an initial attempt to open the brackets and bring GAL and democracy into conversation. It addresses two separate observations: first, that democracy currently lacks tools to respond to the globalization and diffusion of political authority; and secondly, that GAL is not presently democratic — it has no room for democratic concerns in its emerging norms. The juxtaposition of democracy and GAL yields insights for the way in which each might contribute to the reimagination of global governance.
Tuesday, March 10, 2015
Kingsbury, Donaldson, & Vallejo: Global Administrative Law and Deliberate Democracy
Benedict Kingsbury (New York Univ. - Law), Megan Donaldson (New York Univ. - Law), & Rodrigo Vallejo (New York Univ. - Law) have posted Global Administrative Law and Deliberative Democracy (in Oxford Handbook of International Legal Theory, A. Orford & F. Hoffmann eds., forthcoming). Here's the abstract: