Gianluigi Palombella’s ‘Global legislation and its discontents’ is available online at Cadmus:
‘Legislation’ is flourishing in the
global sphere from a large number of sources, in the lack of a unified system.
Current redefinitions of legality/validity, or attempts at a global
constitution deserve some scrutiny and should cope with a global sphere legislation
bearing unprecedented features: issued from deracinated sources, bearing new
scope and functions, developing ‘managerial’/regulatory modes, cancelling the
distinction vis-à-vis 'administration', electing functional rationalities with
'limited responsibility', loosing connection to the comprehensive well being of
social communities. Despite the search for devices of accountability ‘global’
legislation remains a source of discontents. The promises of legal form are at
stake in keeping alive the distinction between global decision making and
universalizability. The future of global legislation (and its legitimacy) shall
depend not only on shared criteria of legality, but also on how it shall
interfere against the autonomy of less-than-global orders: that is, on the
justice-related, legal quality of the relationships between the plurality of
orders.
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