A Philosophical Perspective on Regulation
Chapter 6: The limited role of the judiciary
Chapter 6 focuses on the effects of outsourced law on judicial interpretation and decision-making. It is argued that since the rules directly prescribe (abstract or concrete) aims, there is little room for judicial construction of underlying justificatory aims. Moreover, as is illustrated by a couple of cases, the room for manoeuvre for the judiciary tends to be reduced in the face of the many new rule-making bodies that are given discretionary powers on the basis of their specific expertise. Parties who are directly affected by malperformance of Principals or Agents are only involved as ‘third parties’. The chapter concludes with some remarks on the precarious position of the judiciary in relation to the many competing law-making and law-applying bodies that are created.
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