Global Administrative Law: The Quest for Principles and Values

Abstract

There is currently much interest in the question whether a global administrative law is coming into being and, if so, whether this is desirable or otherwise. This paper addresses the question of principles for a global administrative law. It considers four potential sources and their suitability as a foundation for a global administrative law system: first, the largely procedural principles that have emerged in national administrative law systems, notably the principle of legality and due process principles (Section 3); second, the set of rule of law values, promoted by proponents of free trade and economic liberalism (Section 4); third, the good governance values, and more particularly transparency, participation and accountability, promoted by the World Bank and International Monetary Fund (Section 5); and finally, human rights values (Section 6). The paper ends on a sceptical note, concluding that a universal set of administrative law principles is difficult to identify and not especially desirable. First, administrative law is primarily a Western construct, protective of Western interests. It may impact unfavourably on developing economies. Secondly, the evolution of global administrative law in adjudicative forums is leading to an undesirable ‘juridification of the political process’. The paper concludes that diversity and pluralism are preferable.