Sunday, February 22, 2015

Ellis: Stateless Law: From Legitimacy to Validity

Jaye Ellis (McGill Univ. - Law) has posted Stateless Law: From Legitimacy to Validity. Here's the abstract:
A central concern of many critics of the growing phenomenon of stateless law has turned on its democratic nature. Clearly, law in transnational space, whether promulgated by states or not, bears an uncertain relationship to the structures and processes for democratic legitimation of political authority as developed within the constitutional state; therefore, its status as valid law may be called into question. In this paper, I argue that transnational law, including stateless law, can be seen as grounded in democratic principles. However, when law moves into transnational space, democratic legitimation of law takes on a different form than in the constitutional state.