Judicial review of the acts of national governments by courts beyond the state raises the question of the democratic legitimacy of such review. In this paper, I outline a position that identifies the ideal of self-government as the core of democracy and argue that in order to be … [Read more...]
Constitutionalization? Whose Constitutionalization? Africa’s Ambivalent Engagement with the International Criminal Court
While the concept of constitutionalism evokes the idea of taming politics through the force of law, the making of constitutions is in fact a contested social process in which different jurisgenerative actors vie for discursive hegemony. No wonder then that in a pluralist … [Read more...]
Whither the Private in Global Governance?
In international legal scholarship, global governance ideas are being framed exclusively with recourse to public law – at the expense of private law. In this paper I question what the obscuring of private law conceptions and methodologies implies and whether international lawyers … [Read more...]
Inter-Public Legality or Post-Public Legitimacy? Global Governance and the Curious Case of Global Administrative Law as a New Paradigm of Law
This paper aims to explore the impact of global governance on legal thinking by studying the case of global administrative law. Tracing global governance at the core of the international rule of law movement to the restructuring of legal landscape, I suggest that global … [Read more...]
The Exercise of Public Authority through Informal International Lawmaking: An Accountability Issue?
An increasing number of fora and networks have been recognised to play a role in international or transnational normative processes. While lawmaking by formal, intergovernmental international organizations received abundant attention over the past years, we know less about a … [Read more...]
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