13(2) International Journal of Constitutional Law 2015

The Normative Dimensions and Performance of Global Administrative Law

Richard B. Stewart

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Global administrative law (GAL) scholarship largely follows a positivist approach. A priority is systematic work, both theoretical and applied, on the normative foundations and performance of GAL’s procedural and institutional elements. This enterprise must address four overlapping types of normative contributions that GAL can make to global regulation and administration: enhancing the net effectiveness of global regulation, thereby promoting social welfare and providing other benefits; promoting more public-regarding decision-making, mitigating institutional tunnel vision and domination by the powerful; securing rights against arbitrary and unlawful impositions; and nurturing democratic values and practices in both global and domestic administration.