Documents administrative law 7 results

"With the advent of globalization - where corporate organizations and the commercial relations that accompany them are argued to be becoming increasingly transnational - the locus of powers, authorities, and responsibilities has shifted to the global level. The nation-state arena is losing its capacity to regulate and control commercial processes and practices as a transformational logic kicks-in, associated with new forms of global rule-making and governance. It is this new arena of global rule-making that can be considered as a surrogate form of global constitutionalization, or 'quasi-constitutionalization'. But as might be expected, this surrogate process of constitutionalization is not a coherent system or set of rounded outcomes but full of contradictory half-finished currents and projects: an 'assemblage' of many disparate advances and often directionless moves - almost an accidental coming together of elements. It is this assemblage that is to be investigated and unbundled by the analysis of the book. The book discusses governance, law, and constitutional matters in the context of international corporate constitutional governance. It examines how and why the business world, commercial relations, and company activities have increasingly become subject to legal and constitutional forms of regulation and governance at the international level. It analyses how we should characterize the process that has seen the international corporate arena increasingly subject to juridical and constitutional-like regulatory initiatives and interventions and whether this amounts to a new attempt to subject international commercial relations to the 'rule of law' and, indeed, to rule the world through these very means."

"Pressures to redesign public policies in ways that account for more flexibility, responsiveness, and private participation present an opportunity to revisit law's traditional emphasis on adversarialism. Rather than aligning legality with conflict and informality with cooperation, a new concept of administrative governance expands the framework of the legal process. In the context of workplace regulation, new governance structures must reflect the conditions of the new economy and the relationships between employers and workers. Studying the field of occupational safety, the article advances three arguments. First, the introduction of third-way governance-based approaches, including regulatory requirements on internal safety planning and worker participation at the individual firm-level, complementing regulatory and market approaches, is necessary for occupational risk prevention. Second, normative and methodological principles can be developed to evaluate the consequences and legitimacy of shifts away from the command-and-control approach to occupational safety, and in particular, to distinguish new governance approaches from deregulation. Third, the article argues that central doctrines of administrative procedure and labor law have served as impediments for diversifying state action in regulating the new labor market. In particular, two key reforms - combining targeted enforcement with a cooperative choice and mandating employee safety committees - were abandoned following legal disputes and the use of categories which rely on an adversarial understanding of legal action. A set of understandings, embedded in legal doctrine from former eras, continues to impede the shift to a more comprehensive, effective, and legitimate worker safety regime. The distinction in the Administrative Procedure Act (APA) between substantive rule-making and procedural policy-making and the distinction of the National Labor Relations Act (NLRA) between bargainable issues and managerial prerogatives have limited the legal reach of workplace governance. Both policy areas are based on concepts of hierarchy, autonomy, control, conflict, and adversarial one-shot interactions."