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CHP 095
CHP 095
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national legal systems is decided in light This article argues that Kingsbury’s
of national constitutions, which are con- publicness-centred conception of inter-
sidered the ultimate expression of the national law does not resolve the chal-
national will. Accordingly, the final solu- lenges facing global administrative law.
tion to the questions of legality and legiti- Rather, his version of global administra-
macy facing traditional international law tive law does not so much correspond to
rests on state consent. an inter-public law as he asserts as point
From the perspective of the current to a post-public conception of legitimacy,
2
Ibid. 4
Ibid., at 29.
3
20 EJIL (2009) 23. 5
Ibid., at 28.
The Concept of ‘Law’ in Global Administrative Law: A Reply to Benedict Kingsbury 999
Kingsbury’s revisionist social fact con- the regulatory public, hold in common.
ception of law lays the normative ground In other words, publicness is associated
for global administrative law without with the public to which a particular reg-
being dragged into the debate over moral ulatory regime relates.14 In the absence
disagreement. In this way, Kingsbury’s of a global public, however, the publics
approach provides an alternative base- are decentred and indefinite, making
line concept of legitimacy, answering the global administrative law unintelligible.
legitimacy challenge which results from Thus, in the face of the overlayering pub-
Ibid., at 56.
14
Ibid., at 39–40.
13
Ibid.
15
The Concept of ‘Law’ in Global Administrative Law: A Reply to Benedict Kingsbury 1001
25
Kingsbury, supra note 3, at 51–52.
26
Kingsbury, supra note 20, at 173.
27
Ibid., at 26.
28
Ibid., at 27. Ibid., at 55.
29
1004 EJIL 20 (2009), 997–1004
Ibid., at 52–53.
30