Home >
Law >
Administrative / Constitutional Law >
Delegation of Governmental Power to Private Parties

Delegation of Governmental Power to Private Parties A Comparative Approach

Author: Catherine Donnelly
Publisher: Oxford University Press
ISBN: 9780199298242
Published In: October 2007
Format: Hardback , 516 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author
Reviews

Details

The most in-depth study of private-public partnerships to date
Contains a comprehensive review of government practice and policy in the US, England, and the EU
Combines theoretical perspectives on public law principles with extensive caselaw analysis

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.

Readership: Academics and advanced students in the fields of public law and human rights; public management theorists and policy makers.

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

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

"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