Decrypting the Public Power Paradigm in Denationalising and Privatising Legal Orders
Researchers of the Department of Public International Law, together with researchers from the Department of European Law and the Institute of Social Studies (ISS), participate in the research project entitled:Decrypting the Public Power Paradigm in Denationalising and Privatising Legal Orders. The research project is part of the Erasmus School of Law overarching research program: Rethinking the Rule of Law in an Era of Globalisation, Privatisation, and Multiculturalisation.
The project analyses the manner in which law constructs and ought to construct the exercise of public power. For purposes of this research project, we conceptualise law, or at least significant parts of law, as a means by which society constructs and reconstructs itself interactively and, as it were, constructs ‘public space’. The most salient attribute of such a body of law is that it addresses the distribution of power in society, and in particular the abuse of power, as opposed to addressing delicts, torts, and trespasses only. Hence, public power is understood as power that ought to be exercised on behalf of and in the interest of society. These ideas provide the theoretical underpinnings of the project.