139 KB, PDF document
Available under license: CC BY-NC-ND
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
TY - JOUR
T1 - Constitutionalizing multilevel governance?
AU - Picciotto, Salomone
PY - 2008
Y1 - 2008
N2 - Multilevel governance entails transformations of statehood, leading to significant changes both in the public sphere of politics and the private sphere of economic activity and in their modes of interaction, the law included. The fragmentation of the public sphere and the decentering of the state have led to new types of regulation and the emergence of global regulatory networks, thereby intermingling the public and the private. The transition from government to governance blurs a clear hierarchy of norms and the distinctions between hard/soft and public/private law; it encourages a fragmentation of public functions. Renewed international legalization has been seen by some in formalist terms, as a way of providing some certainty and predictability; this view has been used to buttress the legitimacy of global governance Although there have been attempts to improve coordination between international regimes, they seem generally to spawn further regulatory networks; any formal constitutionalization of international regimes seems unlikely.
AB - Multilevel governance entails transformations of statehood, leading to significant changes both in the public sphere of politics and the private sphere of economic activity and in their modes of interaction, the law included. The fragmentation of the public sphere and the decentering of the state have led to new types of regulation and the emergence of global regulatory networks, thereby intermingling the public and the private. The transition from government to governance blurs a clear hierarchy of norms and the distinctions between hard/soft and public/private law; it encourages a fragmentation of public functions. Renewed international legalization has been seen by some in formalist terms, as a way of providing some certainty and predictability; this view has been used to buttress the legitimacy of global governance Although there have been attempts to improve coordination between international regimes, they seem generally to spawn further regulatory networks; any formal constitutionalization of international regimes seems unlikely.
KW - globalization law legitimacy constitution WTO tax haven
U2 - 10.1093/icon/mon017
DO - 10.1093/icon/mon017
M3 - Journal article
VL - 6
SP - 457
EP - 479
JO - International Journal of Constitutional Law
JF - International Journal of Constitutional Law
SN - 1474-2640
IS - 3-4
ER -