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Constitutionalizing multilevel governance?

Picciotto, Salomone (2008) Constitutionalizing multilevel governance? International Journal of Constitutional Law, 6 (3-4). pp. 457-479.

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    Abstract

    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.

    Item Type: Article
    Journal or Publication Title: International Journal of Constitutional Law
    Uncontrolled Keywords: globalization law legitimacy constitution WTO tax haven
    Subjects: K Law > K Law (General)
    Departments: Faculty of Arts & Social Sciences > Law School
    ID Code: 23582
    Deposited By: Prof Sol Picciotto
    Deposited On: 02 Feb 2009 14:06
    Refereed?: Yes
    Published?: Published
    Last Modified: 26 Jul 2012 16:12
    Identification Number:
    URI: http://eprints.lancs.ac.uk/id/eprint/23582

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