Description
Book SynopsisThrough 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. Although private delegation has the potential to enhance the efficiency and effectiveness of governance, it should not be assumed to have this result. 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.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 controls on the private delegate of governmental power. The controls imposed by different legal disciplines such as constitutional law, administrative law, regulatory law, and private law are assessed.Three goals are pursu
Trade ReviewThe author's aim of demonstrating the changes to the legal system necessitated by political changes in different countries and organisations is achieved by a meticulous analysis of cases in different areas of law in each of the case study areas...the study enriches the literatures of both public administration and governance as well as law. * Rory Shand, Political Studies Review *
This is a marvellous analysis of an intricate and difficult area. * The Edinburgh Law Review, Volume 13, Issue 1 *
Table of Contents1. Introduction ; PART I: DELEGATION IN CONTEXT ; 2. The Jurisdictional Context of Private Delegation ; 3. The Benefits and Challenges of Private Delegation ; PART II: CONTROLS ON DELEGATION ; 4. Constitutional Controls on Delegation ; 5. Legislative and Regulatory Controls on Delegation ; PART 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 ; PART IV: COMPARISONS, LAW, AND DELEGATION ; 9. Conclusion
