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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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Administrative Law Controls on the Delegate

Administrative Law Controls on the Delegate

(p.290) 7 Administrative Law Controls on the Delegate
Delegation of Governmental Power to Private Parties

Catherine M Donnelly

Oxford University Press

This chapter examines the extent to which administrative law obligations are extended to private delegates of governmental power. Part One presents a short overview of the variety of sources of administrative law in the three jurisdictions. Part Two deals with the content of administrative law, in terms of the relevance of the general values of administrative law in responding to the challenges posed by private delegation. Part Three reviews the four primary applicability criteria for administrative law found in the US, England, and the EU: institutional identity, procedure, source of power, and function. The suitability of these criteria for reaching private delegates is assessed. Finally, Part Four comments on the application of freedom of information legislation to private delegates. As in Chapter 6, the argument is made that the reach of administrative law should depend on the nature of the power exercised, not the power-holder.

Keywords:   judicial review, administrative procedure acts, public function

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