The chapter investigates the role of domestic courts in the management of foreign relations (FRs). Combining insights from ongoing trends towards the ‘administrativisation’ of the jurisdictional function and the theoretical approach of Global Administrative Law (GAL), it explores whether and to what extent domestic judicial bodies “administer” FRs, establish coordination relationships and potentially develop a ‘common language’. The GAL approach brings out the role of global regulators of courts in a domain where their influence is often underestimated. With a varying degree of awareness, courts contribute to determine States’ FRs, and this role in contemporary constitutional systems has become structural. However, a survey on the judicial practice in this field suggests that the intervention of judicial bodies may lead to greater disorder, conflict and de-stabilization, thus – and paradoxically – frustrating the purposes of ordering the structures of global governance underlying the GAL project.

Judicial Review, Foreign Relations and Global Administrative Law / Golia, Angelo Junior. - (2021), pp. 130-158. [10.1017/9781108942713.008]

Judicial Review, Foreign Relations and Global Administrative Law

Golia, Angelo Junior
2021

Abstract

The chapter investigates the role of domestic courts in the management of foreign relations (FRs). Combining insights from ongoing trends towards the ‘administrativisation’ of the jurisdictional function and the theoretical approach of Global Administrative Law (GAL), it explores whether and to what extent domestic judicial bodies “administer” FRs, establish coordination relationships and potentially develop a ‘common language’. The GAL approach brings out the role of global regulators of courts in a domain where their influence is often underestimated. With a varying degree of awareness, courts contribute to determine States’ FRs, and this role in contemporary constitutional systems has become structural. However, a survey on the judicial practice in this field suggests that the intervention of judicial bodies may lead to greater disorder, conflict and de-stabilization, thus – and paradoxically – frustrating the purposes of ordering the structures of global governance underlying the GAL project.
978-1-108-83774-3
comparative foreign relations law, global administrative law, judicialisation of politics, global governance, judicial networks
Judicial Review, Foreign Relations and Global Administrative Law / Golia, Angelo Junior. - (2021), pp. 130-158. [10.1017/9781108942713.008]
File in questo prodotto:
File Dimensione Formato  
Golia_judicial_review_foreign_relations_and_global_administrative_law.pdf

Open Access

Tipologia: Versione dell'editore
Licenza: Creative commons
Dimensione 2.6 MB
Formato Adobe PDF
2.6 MB Adobe PDF Visualizza/Apri
Pubblicazioni consigliate

Caricamento pubblicazioni consigliate

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11385/221780
Citazioni
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact