The constructions of global administrative law
Title: The constructions of global administrative law
Author: CARMOUCHE, Nuhaila
Citation: Florence : European University Institute, 2013
Series/Number: EUI PhD theses; Department of Law
This thesis is devoted to exploring the emerging area of research known as global administrative law as a particular lens from within which to analyse key transformations in the domain of regulatory governance, including the rise of forms of public law about governing in settings now external to the state. In the first section, the thesis attempts to background the idea of global administrative law in broader controversies surrounding the possible role and function of law in an age of global governance. Viewed in this light, it considers the 'procedural' solution offered by the project's participants in response to the challenges of unaccountable and non-inclusive forms of governance. The thesis argues that-far from offering to its audiences a set of theory-neutral descriptors and procedural solutions-the very idea of global administrative law invokes competing understandings over the legitimate methods, aims and purposes of the project, and, in a broader sense, law itself. In light of the fluidity of the normative languages of global administrative law , the thesis proceeds, in a second section, to draw out specific justifications of the project. This prepares the ground for an assessment of the possible limitations of these different conceptions, set against the most troubling aspects of current arrangements and realities. Adopting a critical theory lens, this thesis considers the broader failures and disappointments of contemporary legal thought, and the constraints it places on our ability to construct a broader, and better, vision for law and society. The thesis concludes by suggesting that we might seize this moment to reimagine a different vision. It proposes a mission for legal scholarship that concerns itself with empowering a diverse transnational politics subjecting to public criticism the distributive consequences of global authority and targeting, for reform, the structural causes of the unjust and inhumane.
LC Subject Heading: Administrative law; International law
Examining Board: Professor Neil Walker, University of Edinburgh (Supervisor) Professor Nehal Bhuta, EUI Professor Susan Marks, London School of Economics Professor Gianluigi Palombella, University of Parma.; Defence date: 21 January 2013
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