Craven, R. (Accepted: 2024) Legitimacy and the administration of the airwaves auctions. Public Law. ISSN 0033-3565 (In Press)
Abstract
This article is about the challenge of administrative legitimacy in the United Kingdom’s economic constitution, particularly the situation post-Brexit. In view of excitement around the fifth generation of mobile technology (5G), the article considers the economic constitution in the context of legal and policy developments concerning how radio waves are allocated to such technology. It identifies a transactional governance regime, the core value of which is efficiency, and the centrepiece instrument is the auction. Looking to Fisher’s work on administrative constitutionalism, the article argues that, in this regime, technocratic and compartmentalised policymaking result from the pursuit of rational-instrumental legitimacy. Increasing complexity has undermined claims to rational-instrumental legitimacy, and the transactional regime is giving way to something else. An emergent post-Brexit regime presents scope for governing arrangements that are responsive to consumer and citizen interests, and the article concludes with what needs to happen to realise this.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2025 Thomson Reuters. |
Keywords: | Legitimacy; Administrative Constitutionalism; Telecommunications; 5G; Spectrum Auctions |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Arts and Humanities (Sheffield) > School of Law |
Funding Information: | Funder Grant number LEVERHULME TRUST (THE) RF-2021-363 |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 03 Feb 2025 14:05 |
Last Modified: | 03 Feb 2025 14:05 |
Status: | In Press |
Publisher: | Sweet and Maxwell |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:222626 |
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Filename: Craven FINAL (2).docx
