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Delegation of Governmental Power to Private PartiesA Comparative Perspective$
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Catherine M. Donnelly

Print publication date: 2007

Print ISBN-13: 9780199298242

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199298242.001.0001

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The Benefits and Challenges of Private Delegation

The Benefits and Challenges of Private Delegation

(p.75) 3 The Benefits and Challenges of Private Delegation
Delegation of Governmental Power to Private Parties

Catherine M Donnelly

Oxford University Press

This chapter assesses the benefits and challenges of delegation of governmental power to private parties. Although comments specific to certain forms of private delegation are made, the overall focus is general, considering the purported aims of private delegation, namely efficiency and effectiveness in governance, and the impact of private delegation on democracy, accountability, and human rights. Insofar as use of private delegation to promote efficient and effective governance is concerned, it is suggested that a mistake often made is to assume that private delegation will enhance efficiency and effectiveness, rather than realizing that private delegation may only enhance efficiency and effectiveness when it is accompanied by a complex array of favourable conditions, such as a strong, supervisory framework and satisfactory market conditions. In relation to accountability, democracy and human rights, essentially the central difficulty created by private delegation seems to be that private actors escape most traditional legal constraints most of the time.

Keywords:   democracy, accountability, human rights, efficiency, effectiveness, private governance

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