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Full-Text Articles in Legal History
The (Re-) Constitution Of The Public, Gianluigi Palombella
The (Re-) Constitution Of The Public, Gianluigi Palombella
Gianluigi Palombella
This article deals with the prospect of public law in global governance. It analyses firstly the foundations of modern public law and considers what is left of them in the global setting. Are they still holding through States’ de-centering practices, detached from the legitimating grounds of the modern ‘idea of publicness’? What is called here the duality of public law (in its State-related political and juridical strands) fades and decouples in the sphere where inherently ‘global’ legalities originate of a deracinated type: the distinctively global ‘public’ only provides a ‘suspended public law’ and politically unsaturated. The Constitution of the Public …
The Rule Of Law In Global Governance: Its Normative Construction, Function And Import, Gianluigi Palombella
The Rule Of Law In Global Governance: Its Normative Construction, Function And Import, Gianluigi Palombella
Gianluigi Palombella
What does the Rule of law contribute in the frame of global governance? While addressing metamorphoses of law and the multiple legalities in the global context, this paper shows that the rule of law can consistently be extended externally being cherished internally. It takes seriously the concurrence of different legalities in their diverse ‘formats’, and the challenge of the “global administrative law” theoretical and empirical model. At the meta-level of the relations among legalities, the Rule of law has an essential role to play: it affects interactions and interdependence,and can cause content-dependent assessments to develop, without supporting self-closure or monistic …