DELEGATION OF GOVERNMENTAL POWER TO PRIVATE PARTIES by Catherine Donnelly ( 9780199298242 )

Item Details

Title:

DELEGATION OF GOVERNMENTAL POWER TO PRIVATE PARTIES
A COMPARATIVE PERSPECTIVE

By:

Format:

Hardback

List price:	£142.50
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ISBN 10:

0199298246

ISBN 13:

9780199298242

Publisher:

OXFORD UNIVERSITY PRESS

Pub. date:

22 November, 2007

Pages:

528

Description:

This book examines and compares the law governing public-private partnerships in the US, England, and the EU, and the legal responses to delegation of governmental power to private parties. Although private delegation can enhance the effectiveness of governance, it can also create risks to democracy, accountability, and human rights, thus any legal controls on delegation must provide a balance between these competing interests.

Synopsis:

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.

Publication:

Imprint:

Oxford University Press

Returns:

Returnable

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