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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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(p.385) 9 Conclusion
Delegation of Governmental Power to Private Parties

Catherine M Donnelly

Oxford University Press

This chapter identifies a number of crucially important observations that have emerged from this comparative analysis — observations which, it is argued, provide useful guidance on how a legal system should respond to delegation of governmental power to private parties. The first part undertakes an assessment of how each individual legal system responds to the challenge of private delegation and a consideration of why it is that each jurisdiction has responded accordingly. The second part explores the relationship between the different legal control mechanisms, and considers how different legal mechanisms interact to respond to the challenges of private delegation. Finally, the importance of the ECJ's Meroni reasoning is stressed. It is advocated that public law obligations be extended to private delegates; and the judiciary is urged to reconsider its attitude to private delegates, particularly those operating pursuant to government contracts.

Keywords:   comparative law, judiciary, delegation, private parties, public procurement, constitutional law, human rights, administrative law

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