Outsourcing Rulemaking Powers

Outsourcing Rulemaking Powers PDF Author: Cedric Jenart
Publisher: Oxford University Press
ISBN: 0192652621
Category : Law
Languages : en
Pages : 321

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Book Description
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.

Outsourcing Rulemaking Powers

Outsourcing Rulemaking Powers PDF Author: Cedric Jenart
Publisher: Oxford University Press
ISBN: 0192652621
Category : Law
Languages : en
Pages : 321

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Book Description
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.

Constitutional Principles on Outsourcing Rulemaking Powers to Non-politically Accountable Actors in European States

Constitutional Principles on Outsourcing Rulemaking Powers to Non-politically Accountable Actors in European States PDF Author: Cedric Jenart
Publisher:
ISBN:
Category :
Languages : en
Pages : 602

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Book Description


Unorthodox Lawmaking

Unorthodox Lawmaking PDF Author: Barbara Sinclair
Publisher: CQ Press
ISBN: 1506322859
Category : Political Science
Languages : en
Pages : 330

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Book Description
Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.

Outsourcing the Law

Outsourcing the Law PDF Author: Pauline Westerman
Publisher: Edward Elgar Publishing
ISBN: 1785365029
Category : Contracting out
Languages : en
Pages : 212

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Book Description
Not only can services such as cleaning and catering be outsourced, but also governmental tasks such as making, applying and enforcing the law. Outsourcing the law is usually recommended for its cost-efficiency, flexibility, higher rates of compliance and its promise of deregulation. However, lawmaking is not the same as cleaning and rules are more than just tools to achieve aims. In this timely book, Pauline Westerman analyses this outsourcing from a philosophical perspective.

The Province of Administrative Law

The Province of Administrative Law PDF Author: Michael Taggart
Publisher: Bloomsbury Publishing
ISBN: 1847313310
Category : Law
Languages : en
Pages : 410

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Book Description
During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.

Outsourcing Sovereignty

Outsourcing Sovereignty PDF Author: Paul R. Verkuil
Publisher: Cambridge University Press
ISBN: 0511346360
Category : Political Science
Languages : en
Pages : 248

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Book Description
Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.

Bring Back the Bureaucrats

Bring Back the Bureaucrats PDF Author: John DiIulio
Publisher: Templeton Foundation Press
ISBN: 1599474689
Category : Political Science
Languages : en
Pages : 185

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Book Description
In Bring Back the Bureaucrats, John J. DiIulio Jr., one of America’s most respected political scientists and an adviser to presidents in both parties, summons the facts and statistics to show us how America’s big government works and why reforms that include adding a million more people to the federal workforce by 2035 might help to slow government’s growth while improving its performance. Starting from the underreported reality that the size of the federal workforce hasn’t increased since the early 1960s, even though the federal budget has skyrocketed. The number of federal programs has ballooned; Bring Back the Bureaucrats tells us what our elected leaders won’t: there are not enough federal workers to work for our democracy effectively. DiIulio reveals that the government in America is Leviathan by Proxy, a grotesque form of debt-financed big government that guarantees terrible government. Washington relies on state and local governments, for-profit firms, and nonprofit organizations to implement federal policies and programs. Big-city mayors, defense industry contractors, nonprofit executives, and other national proxies lobby incessantly for more federal spending. This proxy system chokes on chores such as cleaning up toxic waste sites, caring for hospitalized veterans, collecting taxes, handling plutonium, and policing more than $100 billion annually in “improper payments.” The lack of competent, well-trained federal civil servants resulted in the failed federal response to Hurricane Katrina and the troubled launch of Obamacare’s “health exchanges.” Bring Back the Bureaucrats is further distinguished by the presence of E. J. Dionne Jr. and Charles Murray, two of the most astute voices from the political left and right, respectively, who offer their candid responses to DiIulio at the end of the book.

East Asian Executive Reports

East Asian Executive Reports PDF Author:
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 132

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Book Description


The Theory and Practice of Legislation

The Theory and Practice of Legislation PDF Author: Luc J. Wintgens
Publisher: Routledge
ISBN: 1351881264
Category : Law
Languages : en
Pages : 383

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Book Description
This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.

The Free Speech Century

The Free Speech Century PDF Author: Lee C. Bollinger
Publisher:
ISBN: 0190841370
Category : Law
Languages : en
Pages : 377

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Book Description
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.