Law and Constitutionalism in the Mirror of Non- Governmental Standards: Comments on Harm Schepel
Published as Chapter 10 in Transnational Governance and Constitutionalism, Christian Joerges, Inger-Johanne Sand & Gunther Teubner, eds.
This paper examines some of the potential constitutional implications of the growing reliance on, and apparent increasing legitimacy, of non-state standard setting, as documented in the work of Harm Schepel. It argues, among other things, that private standard setting increasingly exhibits the procedural characteristics of public law processes; that increasing reliance is being placed on the invocation of principles to achieve a modicum of regulatory coordination; and that the reliance on private standard setting, which in fact has many “public” elements, may be changing what it means to be “public,” and indeed what it means to be constitutional. The paper concludes by suggesting that these developments may challenge the conventional definition of what it means to be a legal scholar.
private standard setting, constitutionalism, global administrative law, global governance, legal pluralism, delegation doctrine
International Law | Law | Legal Theory
Errol E. Meidinger, Law and Constitutionalism in the Mirror of Non- Governmental Standards: Comments on Harm Schepel, in Transnational Governance and Constitutionalism 189 (Christian Joerges, Inger-Johanne Sand & Gunther Teubner, eds., Hart Publishing 2004).