Delegation of Governmental Power to Private Parties: A Comparative Perspective

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Catherine Donnelly (, Catherine M. Donnelly is Lecturer in Law at Trinity College, Dublin, a Barrister, and an Attorney at Law)

Delegation of Governmental Power to Private Parties

A Comparative Perspective

Catherine Donnelly (, Catherine M. Donnelly is Lecturer in Law at Trinity College, Dublin, a Barrister, and an Attorney at Law)

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English

Oxford University Press
15 November 2007

Comparative politics; Constitution: government & the state; Central government policies; Privatisation; Government powers

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. Although private delegation has the potential to enhance the efficiency and effectiveness of governance, it should not be assumed to have this result. 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.

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 controls on the private delegate of governmental power. The controls imposed by different legal disciplines such as constitutional law, administrative law, regulatory law, and private law are assessed.

Three goals are pursued. First, the relationship between the different legal responses is illustrated. 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, appropriate responses to private delegation are analysed. Third, Donnelly demonstrates that at present, the response of all three jurisdictions to private delegation is inadequate, albeit to differing degrees.

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 these legal systems are to respond appropriately to the challenge of delegation of governmental power to private parties.

By: Catherine Donnelly ( Catherine M. Donnelly is Lecturer in Law at Trinity College Dublin a Barrister and an Attorney at Law)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 167mm, Spine: 32mm
Weight: 861g
ISBN: 9780199298242
ISBN 10: 0199298246
Pages: 528
Publication Date: 15 November 2007
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction Part I: Delegation in Context 2: The Jurisdictional Context of Private Delegation 3: The Benefits and Challenges of Private Delegation Part II: Controls on Delegation 4: Constitutional Controls on Delegation 5: Legislative and Regulatory Controls on Delegation Part III: Controls on Private Parties 6: Human Rights Controls on the Delegate 7: Administrative Law Controls on the Delegate 8: Private Law Controls on the Delegate Part IV: Comparisons, Law, and Delegation 9: Conclusion

Dr. Catherine M. Donnelly is a Lecturer in Law at Trinity College, Dublin, a Barrister, and an Attorney at Law.

Reviews for Delegation of Governmental Power to Private Parties: A Comparative Perspective

The author's aim of demonstrating the changes to the legal system necessitated by political changes in different countries and organisations is achieved by a meticulous analysis of cases in different areas of law in each of the case study areas...the study enriches the literatures of both public administration and governance as well as law. Rory Shand, Political Studies Review This is a marvellous analysis of an intricate and difficult area. The Edinburgh Law Review, Volume 13, Issue 1