Finding the constitutional foundations of the Global Administrative Law

Abstract

The theoretical debate concerning the notion of State and the impossibility to conceive it in a global administrative juridical order context seems to have been overcome by the reality, which has, to a large extent, dismissed the former conceptions of the sovereign State. It will be provided the correct theoretical framework: Administrative Law has evolved into a new stage of both globalization and internationalization, seeking new normative frameworks beyond the State, considered as a singular unity of Sovereignty, now including new realities which were formerly attributed to the sovereign State, and so needing a new juridical-philosophical approach. To this atypical reality will match a fundamental conception of Law, a true constitutional iter, which may be found within the recent theories of Global Constitutionalism, specially the modern Constitutional Dialogue. The finding of this basis, in which the Global Administrative Law shall rest upon, will be the major target of the investigation.