Outsourcing Rulemaking Powers: Constitutional limits and national safeguards

Parliaments are increasingly outsourcing their rulemaking powers to international organizations in an increasingly globalized world. Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to this outsourcing and argues for minimal legal safeguards to ensure the quality of the rules made by autonomous public or private actors.

Format: Hardback
Length: 320 pages
Publication date: 20 January 2022
Publisher: Oxford University Press

Parliaments have always held a crucial position in the establishment of rules within democratic states. By reflecting the perspectives and interests of society, parliaments serve as the primary vehicle through which laws are enacted. However, in the face of an increasingly interconnected global landscape, nation-states are confronted with complex challenges that demand international cooperation, specialized expertise, and adaptability to find solutions. Rather than assuming a leading role, parliaments have increasingly relegated themselves to a managerial position, delegating their rulemaking authority to external entities. This trend is evident in the increasing outsourcing of rulemaking powers and other constitutional responsibilities.

Outsourcing Rulemaking Powers delves into the shared constitutional principles that govern the outsourcing of rulemaking powers. It raises fundamental questions such as which powers should be outsourced, to whom they should be delegated, and what mechanisms are in place to ensure the quality and integrity of the rules produced. Through an examination of various countries, this book argues that there should be minimal legal safeguards that apply to all rules, particularly those created by autonomous public or private actors. By bridging the gap between traditional constitutional law and transnational private law, this book appeals to practitioners and scholars engaged in the global communities of comparative constitutionalism, global administrative law, and transnational private law.

Weight: 632g
Dimension: 268 x 318 x 27 (mm)
ISBN-13: 9780192897831