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2017

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Administrative Law

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Top Heavy: Beyond The Global North & The Justification For Global Administrative Law, Sujith Xavier Jan 2017

Top Heavy: Beyond The Global North & The Justification For Global Administrative Law, Sujith Xavier

Law Publications

Global administrative law scholars have argued that global administrative law’s principles and normativity can bring about legitimacy to global governance institutions, and subsequently benefit the people of the Global South. I challenge these recent arguments that suggest global administrative law has managed to incorporate the concerns of the Third World. I caution international lawyers’ attempts to theorize global governance as administration to fill the democracy gap within the global space. My arguments are premised on the history of domestic administrative law and its uses to facilitate the settler colonial project in places like North America. I first examine the two …