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Delegation of Governmental Power to Private PartiesA Comparative Perspective$
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Catherine M. Donnelly

Print publication date: 2007

Print ISBN-13: 9780199298242

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199298242.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 June 2021

The Jurisdictional Context of Private Delegation

The Jurisdictional Context of Private Delegation

(p.23) 2 The Jurisdictional Context of Private Delegation
Delegation of Governmental Power to Private Parties

Catherine M Donnelly

Oxford University Press

This chapter presents an overview of the setting in which delegation of governmental power to private parties occurs in each of the three jurisdictions. The structure is threefold and the jurisdictions are reviewed according to: first, constitutional framework; second, the distribution of governmental power; and third, experience of private delegation. The first section on constitutional framework, considers the legal and political implications of the particular constitutional setting. The section on governmental power reviews both the horizontal distribution of governmental power between the executive, legislative, and judicial actors in each legal system and the vertical distribution of power between different levels of government. The third section, considering experience of private delegation, presents each jurisdiction's experience of private delegation from three perspectives: the historical, ideological, and political contexts of private delegation; the uses made of private delegation; and the processes by which private delegation is implemented.

Keywords:   private governance, governmental power, US constitutionalism, EU constitutionalism, UK constitutionalism, private prisons

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