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Legislative Delegation - The Erosion of Normative Limits in Modern Constitutionalism (Hardcover, 2012)
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Legislative Delegation - The Erosion of Normative Limits in Modern Constitutionalism (Hardcover, 2012)
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An overarching question of contemporary constitutionalism is
whether equilibriums devised prior to the emergence of the modern
administrative-industrial state can be preserved or recreated by
means of fundamental law. The book approaches this problem
indirectly, through the conceptual lens offered by constitutional
developments relating to the adoption of normative limitations on
the delegation of law-making authority. Three analytical strands
(constitutional theory, constitutional history, and contemporary
constitutional and administrative law) run through the argument.
They merge into a broader account of the conceptual ramifications,
the phenomenon, and the constitutional treatment of delegation in a
number of paradigmatic legal systems. As it is argued, the
development and failure of constitutional rules imposing limits on
legislative delegation reveal the conditions for the possibility of
classical limited government and, conversely, the erosion of
normativity in contemporary constitutionalism.
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