Delegation of Governmental Power to Private Parties: A Comparative Perspective

Hardcover | November 22, 2007

byCatherine Donnelly

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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 efficiency and effectiveness ofgovernance, 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 risksassociated 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 appropriatecomparative methodology within each category the controls imposed by different legal disciplines such as constitutional law, administrative law, regulatory law, and private law are assessed. Three goals are pursued. First, the relationship between the different legal responses will be illustrated. It will be argued that the challenge of private delegation is a complex one, which requires a multi-faceted response from a number of different legal disciplines. No one source of legalcontrol is in itself adequate to respond to the challenge. Second, within the discussion of each individual legal control, analysis of appropriate responses to private delegation will be made. Third, it will be shown that at present, the response of all three jurisdictions to private delegation,albeit in differing degrees, is inadequate. A much greater awareness of the risks of private delegation and a greater sense of responsibility on the part of the judiciary are required if the three legal systems are to respond appropriately to the challenge of delegation of governmental power toprivate parties.

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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 efficiency and effectiveness ofgovernance, it should not be assumed to have thi...

Catherine Donnelly undertook her LL.B. in Trinity College, Dublin, where she became a scholar of the University in 1995. She completed a B.C.L. at Magdalen College, Oxford in 1998, followed by an LL.M. at Harvard in 1999. Catherine passed the New York bar examination in 1999 and worked as a lititgation attorney at David, Polk, and Wa...

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Format:HardcoverDimensions:450 pages, 9.21 × 6.14 × 1.26 inPublished:November 22, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199298246

ISBN - 13:9780199298242

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Table of Contents

1. Introduction2. Constitutional, Historical, and Political Context3. The Benefits and Risks of Private Delegation4. Constitutional Controls on the Delegator5. Legislative and Regulatory Controls on the Delegator6. Human Rights Controls on the Delegate7. Administrative Law Controls on the Delegate8. Private Law Controls on the Delegate9. Conclusion