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Delegation of Governmental Power to Private Parties - A Comparative Perspective (Hardcover, New)
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Delegation of Governmental Power to Private Parties - A Comparative Perspective (Hardcover, New)
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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. It is argued
that although private delegation has the potential to enhance the
efficency and effectiveness of governance, it should not be assumed
to have this result. Moreover, private delegation creates risks to
democracy, accountability, and human rights. Any legal controls
must therefore respond to the challenge of enhancing the potential
effectiveness of private delegation, while minimising the risks
associated with this phenomenon.
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 contols on the private delegate
of governmental power. To secure an appropriate comparative
methodology within each category the controls imposed by different
legal disciplines such as constitutional law, administrative law,
regulatory law, and private law are assessed.
Many goals are pursued in this volume . First, the relationship
between the different legal responses will be illustrated. It will
be argued that the challenge of private delegation is a complex
one, which requires a multi-faceted response from a number of
different legal disciplines. No one source of legal control is in
itself adequate to respond to the challenge. Second, within the
discussion of each individual legal control, analysis of
appropriate responses to private delegation will be made. Third, it
will be shown that at present, the response of all three
jurisdictions to privatedelegation, albeit in differing degrees, is
inadequate. 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 the three legal systems are to respond
appropriately to the challenge of delegation of governmental power
to private parties.
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