eprintid: 3046
rev_number: 6
eprint_status: archive
userid: 77
dir: disk0/00/00/30/46
datestamp: 2016-02-08 09:08:49
lastmod: 2016-09-14 10:21:16
status_changed: 2016-02-08 09:08:49
type: article
metadata_visibility: show
creators_name: Casini, Lorenzo
creators_id: lorenzo.casini@imtlucca.it
title: "Down the rabbit-hole": the projection of the public/private distinction beyond the state
ispublished: pub
subjects: K1
divisions: EIC
full_text_status: none
abstract: This article deals with two of the greatest “dualisms” present in contemporary legal systems: the distinction between international law and domestic law on the one hand, and the distinction between public law and private law, on the other. The evolution of these two great dualisms is linked to the emergence of global public interests, the strategic role played by states and domestic administrations in the global arena, and the need to control and review how global hybrid institutions exercise their increasing powers. This contributes significantly to the emergence of multipolar administrative law, in which both public and private traits, and both domestic and international dimensions, constantly interact. Beyond the state, public and private law finds new ways of combining, borrowing tools and imitating solutions. In particular, when the public/private distinction goes international, it operates as a technology of global governance: it is a “proxy” for bringing given values into a new legal context and for recreating a “familiar” legal endeavor beyond the state. But this projection can be problematic: like in Lewis Carroll’s “rabbit-hole,” there is no guarantee that, when the values and legal mechanisms behind them are moved from one level to another, they will remain the same.
date: 2014
publication: International Journal of Constitutional Law
volume: 12
number: 2
publisher: Oxford University Press
pagerange: 402-428
id_number: doi:10.1093/icon/mou015
refereed: TRUE
issn: 1474-2640
official_url: http://doi.org/10.1093/icon/mou015
citation:   Casini, Lorenzo  "Down the rabbit-hole": the projection of the public/private distinction beyond the state.  International Journal of Constitutional Law, 12 (2).  pp. 402-428.  ISSN 1474-2640      (2014)