Delegation of Governmental Power to Private Parties: A Comparative Perspective
Catherine M. Donnelly
Abstract
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. Although private delegation can enhance the effectiveness of governance, it can also create risks to democracy, accountability, and human rights. Thus, any legal controls on delegation must provide a balance between these competing interests. 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 governme ... More
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. Although private delegation can enhance the effectiveness of governance, it can also create risks to democracy, accountability, and human rights. Thus, any legal controls on delegation must provide a balance between these competing interests. 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 pursued. First, the relationship between the different legal responses is illustrated. Second, within the discussion of each individual legal control, appropriate responses to private delegation are analysed. Third, it is demonstrated that at present, the response of all three jurisdictions to private delegation is inadequate, albeit to differing degrees. 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 these legal systems are to respond appropriately to the challenge of delegation of governmental power to private parties.
Keywords:
private governance,
public-private partnerships,
government contracts,
human rights,
comparative law,
contracting out
Bibliographic Information
| Print publication date: 2007 |
Print ISBN-13: 9780199298242 |
| Published to Oxford Scholarship Online: January 2009 |
DOI:10.1093/acprof:oso/9780199298242.001.0001 |
Authors
Affiliations are at time of print publication.
Catherine M. Donnelly, author
Lecturer in Law at Trinity College, Dublin, a Barrister, and an Attorney at Law
More
Less
