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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.
List of contents
- 1: Introduction
- 2: International Framework
- 3: Comparative Delegation Framework by Constitutional Provisions
- 4: Comparative Outsourcing Limits by Constitutional Principles
- 5: Comparative National Outsourcing Safeguards
- 6: World Anti-Doping Agency Case Study
- 7: General Conclusions
About the author
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).
Summary
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.
Foreword
Winner of the Frans Van Cauwelaert Prize 2022
Additional text
This book is the necessary stepping stone to produce theoretical, empirical and interdisciplinary work aimed at locating and controlling public power that is, often without political accountability structures in place, outsourced away from states. The state is indeed changing. To read Outsourcing Rulemaking Powers is key to making us make sense of it.
