Outsourcing Rulemaking Powers: Constitutional Limits and National Safeguards

ISBN-13: 9780192897831 / Angielski / Twarda / 2022 / 320 str.

Magistrate Belg Cedric (Magistrate Belgian Council of State

Recenzje

Governments around the world increasingly delegate or “outsource” the power to make rules imposing obligations upon citizens, to public-private partnerships, purely private organizations, and NGOs, or absorb those organization's rules into public law. In this valuable contribution to comparative constitutional and comparative administrative law, Cedric Jenart gives us a comprehensive study of the limits principles of democracy and legality - as embodied in international and domestic law - place on outsourcing, delegation, and absorption reveals a surprisingly wide range of legal limits on an equally surprisingly range of practices. The concluding study of anti-doping regulations in sport provides an illuminating concrete example of why the question is important.

O autorze

Cedric Jenart holds a Doctor of Laws (Ph.D.) from the University of Antwerp. He also holds an LL.M degree (Harvard Law School as a Fulbright Boas and B.A.E.F. scholar), a Master of Laws (University of Antwerp and the Free University of Berlin on exchange, summa cum laude) and a Bachelor of Laws (University of Antwerp). He currently works as a magistrate (Auditeur) at the Belgian Council of State, after ranking first at the national comparative exam. Cedric Jenart previously interned at the Belgian Constitutional Court and at various international law firms. He remains active at the University of Antwerp as a visiting lecturer (Gastprofessor).