Delegation as a Source of Law

Authors: Dewhurst, Dale1; Hampton, David1; Shiner, Roger A.2

Source: Ratio Juris, Volume 16, Number 1, March 2003 , pp. 56-88(33)

Publisher: Wiley-Blackwell

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Abstract:

The status of delegation as a strictly institutionalized source of law is controversial. In this article, we examine some instances of delegation, in order to explore their claim to be independent and strictly institutionalized sources of law. We consider primarily the instances of labour arbitration and of mediation. Our conclusion is that there is no straightforward answer in either instance to the question whether they constitute sources of law, although the claim of arbitration is strong and that of mediation is weak. We argue that the controversial character of delegation as a source of law is therefore to be expected, given its ambivalent character, and that in exploring the reasons for this ambivalence much can be learnt about the concept of a strictly institutionalized source of law.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/1467-9337.00224

Affiliations: 1: University of Alberta, Canada, 2: Okanagan University College, Canada

Publication date: March 1, 2003

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