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Outsourcing Rulemaking Powers

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Outsourcing Rulemaking Powers

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Author : Cedric Jenart
language : en
Publisher: Oxford University Press
Release Date : 2022

Outsourcing Rulemaking Powers written by Cedric Jenart and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.

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.

Outsourcing Rulemaking Powers

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Author : Cedric Jenart
language : en
Publisher: Oxford University Press
Release Date : 2022-01-20

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.

Government By Contract

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Author : Jody Freeman
language : en
Publisher: Harvard University Press
Release Date : 2009-02-28

Government By Contract written by Jody Freeman and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-28 with Business & Economics categories.

The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.

Outsourcing The Law

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Author : Pauline Westerman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018

Outsourcing The Law written by Pauline Westerman and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.

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.

Unorthodox Lawmaking

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Author : Barbara Sinclair
language : en
Publisher: CQ Press
Release Date : 2016-06-22

Unorthodox Lawmaking written by Barbara Sinclair and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-22 with Political Science categories.

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.

The Province Of Administrative Law

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Author : Michael Taggart
language : en
Publisher: Bloomsbury Publishing
Release Date : 1997-06-01

The Province Of Administrative Law written by Michael Taggart and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-01 with Law categories.

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.

East Asian Executive Reports

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Author :
language : en
Publisher:
Release Date : 1999

East Asian Executive Reports written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Commercial law categories.

Outsourcing Sovereignty

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Author : Paul R. Verkuil
language : en
Publisher: Cambridge University Press
Release Date : 2007-12-19

Outsourcing Sovereignty written by Paul R. Verkuil and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-19 with Political Science categories.

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

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Author : John DiIulio
language : en
Publisher: Templeton Foundation Press
Release Date : 2014-09-02

Bring Back The Bureaucrats written by John DiIulio and has been published by Templeton Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-02 with Political Science categories.

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.

The Free Speech Century

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Author : Geoffrey R. Stone
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-12-04

The Free Speech Century written by Geoffrey R. Stone and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-04 with Law categories.

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.

Outsourcing Rulemaking Powers

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