Kurzbeschreibung

Reihe: Studien zum öffentlichen Recht. Band: 18

Does the drafting of law by private third parties deprive the parliament of its legislative power and therefore void democracy's inner core? Or is the so-called "Gesetzgebungsoutsourcing" a mere instrument of effective governance? In between these extreme positions, a multidimensional area of conflict emerges, which is analyzed within this thesis. In doing so, the main standard to apply is German constitutional law - the "Grundgesetz" - which includes both limitations and instructions concerning the matter at hand. In addition to that, recourse is held to established findings of cognitive science - predominantly the so called "Anchoring" - for a better understanding of the phenomenon. The analysis closes into an elaboration of rules to control Gesetzgebungsoutsourcing. Implementing those rules shall ensure that while using Gesetzgebungsoutsourcing as a mean of governance, the democratic legitimation of law is upheld.