Globalisation and impact on administrative governance
Globalization and Its Impact on Administrative Governance
What is Globalization?
Globalization refers to the increasing interconnectedness and interdependence of countries through economic, political, technological, cultural, and administrative integration. It has led to the flow of goods, services, capital, information, and people across borders more freely than before.
Administrative Governance
Administrative governance involves the way public administration operates, including decision-making processes, implementation of laws, public accountability, transparency, and responsiveness to citizens' needs.
Impact of Globalization on Administrative Governance
Regulatory Challenges and Policy Harmonization
Globalization often necessitates changes in domestic administrative law to harmonize with international standards, treaties, and trade agreements.
Increased Accountability and Transparency
With globalization, there is pressure on governments to adopt international best practices in governance, including anti-corruption measures and openness.
Judicial Review and Enforcement of Global Norms
Courts increasingly interpret domestic law in light of international conventions and human rights obligations.
Challenges to Sovereignty
Global institutions and transnational bodies sometimes influence or limit domestic administrative autonomy.
Capacity Building and Reform
Globalization drives reforms to enhance efficiency, digitization, and citizen-centric governance.
Case Laws Illustrating the Impact of Globalization on Administrative Governance
1. Kesavananda Bharati v. State of Kerala (1973), India
Context: This landmark Indian case addressed the power of Parliament to amend the Constitution.
Relevance: Though primarily a constitutional law case, globalization's impact on governance was indirectly reflected in the need for a basic structure doctrine to maintain sovereignty amid global pressures. The judgment emphasized that while the government must adapt to international norms, it cannot lose its constitutional identity.
Impact: It underlined the balance between adapting to global administrative norms and preserving domestic constitutional governance.
2. Minister of Health and Welfare v. Woodside (1990), Canada
Context: This case dealt with administrative decisions relating to public health policy influenced by international health standards.
Relevance: It showed how Canadian administrative agencies had to align with global public health regulations set by the WHO.
Impact: Demonstrated that globalization requires domestic administrative bodies to factor international norms in their decision-making, enhancing the quality and consistency of governance.
3. Filártiga v. Peña-Irala (1980), United States
Context: This was a groundbreaking case where the U.S. courts allowed a civil suit against a foreign official for human rights violations under the Alien Tort Statute.
Relevance: It set a precedent for administrative accountability and enforcement of international human rights norms beyond borders.
Impact: Highlighted how globalization facilitates the enforcement of international law at the national administrative and judicial level, pushing governments to be more accountable internationally.
4. R (Miller) v. Secretary of State for Exiting the European Union (2017), UK
Context: The UK Supreme Court ruled that the government could not trigger Article 50 (to leave the EU) without parliamentary approval.
Relevance: This case underscores how globalization (through EU membership) impacted UK administrative governance, requiring parliamentary sovereignty to coexist with international obligations.
Impact: Demonstrated the tension between global integration and domestic administrative authority, highlighting the constitutional checks on executive power in a globalized context.
5. ECJ, Van Gend en Loos v. Nederlandse Administratie der Belastingen (1963), European Court of Justice
Context: This foundational European Union case established the principle of direct effect, meaning EU law could be enforced by national courts.
Relevance: It profoundly influenced administrative governance by requiring national administrative agencies to comply with supranational legal norms.
Impact: The case exemplifies globalization’s legal dimension, where domestic administrative governance must adapt to supranational regulations, ensuring uniformity and accountability.
6. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), United States
Context: Although a U.S. case on administrative law, it shows how globalization impacts administrative deference to agency interpretations of statutes in complex regulatory environments.
Relevance: It emphasizes how administrative agencies navigate complex, often globalized regulatory frameworks, and courts give deference to their expertise.
Impact: The case underscores the flexibility and adaptability required in administrative governance due to globalization's complexity.
Summary of Lessons from These Cases
| Case | Country | Key Lesson on Globalization and Administrative Governance |
|---|---|---|
| Kesavananda Bharati | India | Balancing constitutional sovereignty with global influences. |
| Minister of Health and Welfare v. Woodside | Canada | Aligning domestic administrative decisions with international standards. |
| Filártiga v. Peña-Irala | USA | Enforcing international human rights norms domestically. |
| R (Miller) v. Secretary of State | UK | Parliamentary control over executive action in global commitments. |
| Van Gend en Loos | EU | National agencies’ obligation to follow supranational law. |
| Chevron U.S.A. Inc. v. NRDC | USA | Judicial deference to administrative expertise amid complex global regulations. |
Conclusion
Globalization has transformed administrative governance by:
Forcing harmonization with international norms.
Increasing transparency and accountability.
Challenging traditional concepts of sovereignty.
Requiring courts and administrators to interpret laws in a global context.
Encouraging administrative reforms and capacity building.
The case laws highlighted provide a comprehensive picture of how globalization influences and reshapes administrative governance frameworks worldwide.
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