GLOBALIZATION VIS-À-VIS ADMINISTRATIVE REFORMS IN A DEMOCRACY: A CRITICAL ANALYSIS BY - ADV. NAVEEN SAJU

GLOBALIZATION VIS-À-VIS ADMINISTRATIVE REFORMS IN A DEMOCRACY: A CRITICAL ANALYSIS

AUTHORED BY - ADV. NAVEEN SAJU[1]

ABSTRACT

The strength of every democratic nation is to have a good governing system with mutual support by each and every citizen of the nation. In the present contemporary scenario, even the leading nations who strongly upholds the principles of democracy are struggling to maintain their democratic values due to the increased impacts of globalization and cross-border transactions without any barriers or restrictions. The reason behind the idea of globalization can be traced back from the early years after the World War II was over and the world leaders were very well aware that if another such similar type of war gets break out, it will negatively impact most of the nations in the world. Thus, with a view to build a sound and long-term relationship with almost all the nations, the concept of globalization was initially emerged. But if we are looking at the contemporary scenario, we will came to know that the present existing leaders in the top-world governing nations are actually worried about the rapid globalization process which takes place in several nations because with an advanced globalized world, there is a high chance for having dilution in the local laws and governing systems which are existed in a particular society from time immemorial and sometimes those sort of things can even shatter the very basic structure of the governance policies that a nation adopts especially when it comes to the matter of a democratic nation. Thus, it is very important to make sure that the process of globalization must need to be for the welfare of the society as well as the nation and it should need to effectively contribute for the smooth functioning of that particular nation by strengthening the administrative form of governance over there as well in a concreate manner.

Keywords: Globalization, Administrative Reforms, Democracy and Governance, International Laws, Domestic Laws, Supranational Relations, Cross-Border Transactions

INTRODUCTION

Every nation promotes their own domestic laws in order to have a self-sufficient domestic economy. The said government of every nation provides and allocates proper financial resources in order to have self-sufficient domestic market where goods and services are being manufactured and distributed respectively. The idea of globalization is actually exactly opposite to the view of this process of domestic economy markets and self-sufficient economies of various nations. The major philosophy behind the globalization process itself is the opening up of the market to everyone and promote the international or transnational economic activities which promotes free trade and thus making a more liberalized economy where there will be no trade barriers or restrictions and even if there are certain restrictions, it will be only for the name sake to have such restrictions.[2] The author in the said article actually deals with the limits or impacts of the process of globalization in a society and how it is going to affect the domestic economy of a particular nation by specifically focusing upon the administrative laws that is existed in the particular nation where the globalization takes place in a much wider ambit. The administrative law of every nation plays a very crucial role in the process of globalization because the said laws made by the legislative framers will guide the approach towards the domestic economy as well as its relation with the globalized market. Thus, a cordial relation should need to be made in order to have an effective globalization.

According to the author, the future of globalization will be closely tied to the administrative laws which will be exited in the domestic economies. This is because if the law makers who makes these administrative rule and regulations will not focus upon or promote the globalization processes, there will be strict restrictions in the global economy with respect to the free flow of goods and services from one market economy to another. The state centered globalization is now changing and transforming into a new dimension, that is, it promotes the transition public functions and services to the private sector as well. Here, the delegation in the private sector is also an important aspect in relating to the market economies of globalization.[3] This is because of the fact that the major aim of globalization is to promote the view of integrity and unity among all the parties of globalization whereas if there is an overwhelming hand to the private sector in matters relating to globalization, the said motive to make a cordial balance may get shattered.

GLOBALIZATION AND DOMESTIC LAWS

The globalization plays a very key and crucial role in setting up the domestic laws of every nation. This is because the present era promotes the globalization in each and every perspective and the said globalization activities are very much essential in matters relating to trade in the open market economies. If the domestic laws are really supportive in nature with that of the policies of globalization, there will be a borderless and unrestrictive flow telecommunication processes, intellectual exchanges which in turn affects the easy flow of goods and services which will eventually promotes the idea of global capitalism. Here, the state should need to make a conceptualistic approach towards the market economy because in order to contemplate the existing domestic as well as international disputes in matters relating to economic or trade barriers or restrictions which may arise in the future course of transactions. Thus, according to the author, the domestic and international governance should need to act hand-in-hand and they are supposed to have a cordial relationship with each other in order to have effective and proper outputs from the process of globalization.[4] The major impact of globalization not only limited to the international perspective of law and policy making, but to make a good cordial relationship between the domestic and international laws in order to make the globalization process much more effective. If we are making proper cooperation among various market economies, it will help to fuel the competition at the international level as well as in the domestic level of governance.

GLOBALIZATION ON LAW AND MARKET ECONOMIES

The globalization will affect the legal system of the nation as well as the market economy of the whole nation. Thus, in order to influence the market and economies, the government of the said particular nations who promotes this globalization will open up their market for having both the public as well as private companies and sometimes they will propound the public-private partnership model in order to promote the process of globalization in a much faster pace. The increased rely on markets by the private sector actually diminishes the role of the state in providing a balanced economy. Sometimes, it seems to be good but at other times if there is over encroachment of these private sector in the arena of market economies, it may negatively affect the whole societal structure as well. In order to have an effective market mechanisms, all the particulars that are needed for trade and exchange of services should need to be released to the concerned government of the nation and by doing the same the government can also proposes some changes if needed to the particular policy proposed by the private parties before opening the markets to them.[5] The administrative agencies of the government are actually taking a very big role in doing these activities and they are duty bound to analyze the changes in the economies and the fluctuations that may arise in the market while globalization takes place.

GLOBALIZATION AND GLOBAL GOVERNANCE

The globalization is a never-ending process and it may acquire various dimensions in various economies and societies as time passes. Anyway, it will encourage various private sector parties to come into the field of globalization and to make proper arrangements to get a marketplace with that of the other public sector agencies who is actually a part and parcel of the globalization process in every economy.[6] The process of globalization is not simple as that of we think and sometimes the said process may even make the democratic process a more complex one. Sometimes, there will be participation of people in matters relating to the globalization activities, but at many of the times, the common people may not be even able to know what is going to happen in the market and who all are the parties who are entering into their domestic market as part of the globalization process. Thus, that is the sole reason why the author always propounds the idea that a paradigm shift is needed in order to shift the focus from states to markets and from government to the modern structure of governance. Through proper implementation of these methods, we can somehow manage the problems that are being there with the process of globalization and through an effective approach, the said challenges can be overcome and new possibilities for globalization and opening up of markets through liberalization will also takes place.

GLOBALIZATION AND DEMOCRATIC PARTICIPATION

In order to have good democratic participation, the will of the people should need to be protected. This is the major aim of democracy as well, that is, in order to protect the will and wish of people and to represent their opinions and suggestions to the whole world. In order to protect the interest of the people, sometimes the government will not promote the privatization of market economies and they will not be in a very positive approach in order to open the market economy. Here the problem which may arise is that through rapid privatization and liberalization of economies, the interest of the people may get badly affected since sometimes the private sector will not care about the society but they will only deal the matters with a profit motive.[7] Thus, according to the author, the administrative laws should need to be more effective and unbiased and then only, we can make a good cordial relationship with the private sector and public sector and by opening the market economy, we can also includes the merits of globalization in our nation.

GLOBALIZATION AND ADMINISTRATIVE LAW: A CRITICAL STUDY

The globalization is not a novel concept. In the present era, it is very imminent to have a globalized as well as the liberalized society because only through having an open market approach, we will be able to have a good relationship with other nations. If a particular nation opens up their market economies for the free transfer of goods, services, exchange of information and ideas, then it is very clear that the said nation will get benefited out of the said process of globalization. Thus, it is a very eminent approach the government should need to take in order to promote the globalization in a very good manner because only through having a proper and cordial relationship with the domestic economy with that of the globalized economy, we can enjoy the fruits of globalization. In that way, we can say that administrative law of every nation plays a very crucial role in making the society a better one through the process of globalization. Thus, the structuring and implementation of the said laws are very crucial in order to make a society good and better one by opening their economies for free and liberal trade.

CONCLUSION

The process of globalization is considered to be one of the most relevant aspects of this twenty first century. This is because without the process of globalization, there will not be free flow of goods and services. There is no high inflation of various commodities in our nation is only because of the fact that our economies are open for globalization and there will be liberalized economies for the transformation of goods and services. The globalization also promotes cooperation and competition among the market players and the said competition is good to an extent because the common people will be able to avail quality products and services at a much cheaper rate if there is competition among the market players since then only the good players can catch the market shares. Thus, as of my opinion, I am also agreeing to the view point of the author over here because globalization is deeply connected with the existing practices and laws that are being followed in the domestic economy and the law makers or the legislative framers should need to keenly observe the market changes in order to make a more globalized and liberalized society. Thus, through proper administrative laws, the said globalized economies can be regulated well and in turn, this will help to have a good society where everyone can be considered as the stakeholders of the process of globalization which in turn results in the overall economic development of the society.

[1] Adv. Naveen Saju, BBA, LL. B, LL. M, District and Sessions Court, Idukki, Kerala

[2] Alfred C Aman, Jr., The Limits of Globalization and the Future of Administrative Law: From Government to Governance, Indiana Journal of Global Legal Studies, Spring, 2001, Vol. 8, No. 2, pp. 379-400

[3] Ahonen Pertti, Administrative Research in a Neo institutionalist Perspective: Finland, Calling for Globalization, and the Rehabilitation of Public Administration, Beverly Hills Vol. 46, Issue 7, (Sep 2014): 747

[4] Nabiha Gul, Globalization and Developing Countries, Pakistan Horizon, October 2003, Vol. 56, No. 4, Pakistan Institute of International Affairs, https://www.jstor.org/stable/41394391

[5] Markus Bauernfeind, Drivers of Globalization: Integration of Theories and Models, GRIN Verlag; 1st edition (1 July 2006)

[6] Rana Foroohar Economic Globalization has run ahead of Political Globalization, Journal of International Affairs, Vol. 71, No. 1, The Democracy Issue, Journal of International Affairs Editorial Board, pp. 179-182, https://www.jstor.org/stable/10.2307/26494372

[7] Hilbourne A Watson, Liberalism and neo-liberal capitalist globalization: Contradictions of the liberal democratic state, GeoJournal, 2004, Vol. 60, No. 1, Interrogating the Globalization Project, Springer, pp. 43-59, https://www.jstor.org/stable/41147863