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Oxford Comparative Constitutionalism

Outsourcing Rulemaking Powers

Constitutional limits and national safeguards

Cedric Jenart

Outsourcing Rulemaking Powers

Oxford Comparative Constitutionalism

Outsourcing Rulemaking Powers

Constitutional limits and national safeguards

Oxford Comparative Constitutionalism: Outsourcing Rulemaking Powers

 

Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors.


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Beschrijving Oxford Comparative Constitutionalism: Outsourcing Rulemaking Powers

Within democratic states, parliaments have always been regarded as playing a pivotal role in the creation of rules. Through its composition, parliament represents the opinions and interests of society, which it serves through the legislative process. But in an increasingly globalized world, nation-states are confronted with issues that require international cooperation, expert knowledge and flexibility to resolve. Rather than taking the lead, parliaments are
increasingly settling for a managerial position and have begun to outsource their rulemaking powers (and other constitutional responsibilities) rather than exercising them themselves.

Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. It asks fundamental questions of its readers, such as: which powers should be outsourced? And to whom? What mechanisms are in place to guarantee the quality of the rules they make? Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made
by autonomous public or private actors. Offering a bridge between traditional constitutional law and transnational private law, this book will be of interest to both practitioners and scholars within the global communities of comparative constitutionalism, global administrative law and transnational private
law.


ISBN
9780192897831
Pagina's
320
Verschenen
Serie
Oxford Comparative Constitutionalism
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

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