Legislative Delegation: The Erosion of Normative Limits in Modern Constitutionalism

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Springer Science & Business Media, Jun 14, 2012 - Law - 292 pages

An overarching question of contemporary constitutionalism is whether equilibriums devised prior to the emergence of the modern administrative-industrial state can be preserved or recreated by means of fundamental law. The book approaches this problem indirectly, through the conceptual lens offered by constitutional developments relating to the adoption of normative limitations on the delegation of law-making authority.

Three analytical strands (constitutional theory, constitutional history, and contemporary constitutional and administrative law) run through the argument. They merge into a broader account of the conceptual ramifications, the phenomenon, and the constitutional treatment of delegation in a number of paradigmatic legal systems.

As it is argued, the development and failure of constitutional rules imposing limits on legislative delegation reveal the conditions for the possibility of classical limited government and, conversely, the erosion of normativity in contemporary constitutionalism.

 

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Contents

Chapter 1 Introduction
1
Chapter 2 The Genealogy of the Concept of Delegation Constitutional Presuppositions
17
Chapter 3 The Constitutional History of Delegation Rules and Changes
69
Chapter 4 Delegation and Contemporary Implications The Erosion of Normative Limits
197

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