Global Administrative Law: The Quest for Principles and Values

Strengthening the Human Right to Sanitation as an Instrument for Inclusive Development

“…It requires effective remedies to redress violations of the HRS; adequate reparation to the victims of such violations with measures to prevent the repeat of such violations, and mechanisms for monitoring the operations of duty bearers service providers (Baer, 2015;de Albuquerque, 2014;Obani & Gupta 2016. Accountability may either be achieved through substantive HR like access to information, or global administrative law principles like legality and due process (Harlow, 2006) that have been further legitimised with the adoption of the universal SDGs (Obani & Gupta, 2016). Accountability applies to States as the primary duty bearers (Martin, 2011), international organisations and NGOs (UNGA, 2010), private corporations that are directly involved in delivering sanitation services or interfering with the realisation of the right (Cavallo, 2013), and users who are required to cross-subsidise the poor through paying affordable tariffs (Obani & Gupta, 2014a) and hygienically maintain their facilities to minimise negative externalities (de Albuquerque, 2012).…”

Arguing Global Environmental Constitutionalism

“…99 The increasingly popular field of global administrative and institutional law attests to this increased focus. 100 Concerns about legitimacy, it is suggested, will only deepen as the global environmental governance regime further disaggregates into a plural multi-actor and multilayered network of governance. 101 Commentators have proposed some solutions to this legitimacy crisis, including democratization, the integration of fragmented regimes, and the creation of a world environment organization.…”

Unorthodoxy in legislation: The Hungarian experience

“…The reason for this was (Harlow 2006) that it was important for citizens to organise themselves against the discretionary power of the public authorities (in France) or to secure a sufficient level of protection of fundamental rights (in Germany). After the Second World War, it was experienced in Europe that the abuse of power can arise not only from the malpractice of the executive, but also from the legislative power.…”