Administrative Law as a Mechanism for Political Control in Contemporary China

2009 ◽  
pp. 143-161 ◽  
Author(s):  
He Xin
2012 ◽  
Vol 94 (2) ◽  
pp. 362-378 ◽  
Author(s):  
Nicholas R. Seabrook ◽  
Eric M. Wilk ◽  
Charles M. Lamb

Author(s):  
Amichai Cohen ◽  
David Zlotogorski

This chapter begins by tracing the historical sources of the principle of proportionality since antiquity. It then presents three possible justifications for this principle. First, the chapter discusses the Just War tradition of proportionality. It then moves on to explain why a utilitarian or rational view of IHL would also support the principle of proportionality. Next, the chapter discusses a justification for the principle of proportionality under the theory of IHL as a mode of societal and political control. The last part of the chapter places the discussion of proportionality in IHL in the wider context of the principle of proportionality as a general principle in constitutional and administrative law.


2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.


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