| Description |
lvi, 457 pages ; 24 cm |
| Contents |
1. Introduction -- I. Delegation in Context -- 2. The Jurisdictional Context of Private Delegation -- 3. The Benefits and Challenges of Private Delegation -- II. Controls on Delegation -- 4. Constitutional Controls on Delegation -- 5. Legislative and Regulatory Controls on Delegation -- III. Controls on Private Parties -- 6. Human Rights Controls on the Delegate -- 7. Administrative Law Controls on the Delegate -- 8. Private Law Controls on the Delegate -- IV. Comparisons, Law, and Delegation -- 9. Conclusion |
| Summary |
Through a comparative analysis of England, the European Union, and the United States, this book considers legal responses to delegation of governmental power to private parties. It is argued that although private delegation has the potential to enhance the efficency and effectiveness of governance, it should not be assumed to have this result. Moreover, private delegation creates risks to democracy, accountability, and human rights. Any legal controls must therefore respond to the challenge of enhancing the potential effectiveness of private delegation, while minimising the risks associated with this phenomenon. The legal responses of the three jurisdictions to private delegation are categorised in a two-fold and functional way: responses which impose controls on the delegator of governmental power, and responses which impose contols on the private delegate of governmental power. To secure an appropriate comparative methodology within each category the controls imposed by different legal disciplines such as constitutional law, administrative law, regulatory law, and private law are assessed |
| Bibliography |
Includes bibliographical references (pages 401-444) and index |
| Subject |
Delegation of powers.
|
|
Political questions and judicial power.
|
| LC no. |
2007031024 |
| ISBN |
9780199298242 hardback |
|
0199298246 hardback |
|
