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After Public Law$
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Cormac Mac Amhlaigh, Claudio Michelon, and Neil Walker

Print publication date: 2013

Print ISBN-13: 9780199669318

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199669318.001.0001

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The (re-)Constitution of the Public in a Global Arena

The (re-)Constitution of the Public in a Global Arena

(p.286) 14 The (re-)Constitution of the Public in a Global Arena
After Public Law

Gianluigi Palombella

Oxford University Press

This chapter deals with the prospects of public law in global governance. It analyses firstly the foundations of modern public law and considers how they are changed in the global setting. It asks whether they survive through the de-centring practices of States, detached from the legitimating grounds of the modern ‘idea of publicness’, and whether what it identifies as the duality of public law (in its State-related political and juridical strands) fades and decouples in the sphere of deracinated global legalities and regimes. It argues that the Constitution of the Public can only resurface by recomposing and re-coupling the legal/political duality found in the state. However, as case-by-case experience shows, this quest involves the safeguarding non-instrumental codes of law with the primary function of avoiding injustice in the inescapable interactions among legalities; that is the relationship between disembodied transnational/supranational orders and socio-political legal communities.

Keywords:   theory of public law, global governance, political foundations of publicness, legal foundations of publicness, justice, juridification, socio-political legitimacy

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