Outsourcing Rulemaking Powers: Status and Perspectives
Within democratic states, parliaments have always been regarded as playing a pivotal role in the creation of rules. Through its composition, the parliament is taken to represent the opinions and interests of society. However, 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. They have also begun to outsource their rulemaking powers (and other constitutional responsibilities) rather than exercising them themselves. The panel wishes to offer a state of the art on this bourgeoning area of constitutional law and develop further areas of research and discussion, partly inspired by Cedric Jenart, Outsourcing Rulemaking Powers, Oxford University Press 2022. The panel forms a ‘twin-panel‘ with the ICON-S panel on the ‘Control of technical standards‘ (Mariolina Eliantonio & Marie Gérardy).