Sonja Haberl

Secret Lawmakers. Legislative Outsourcing and Expertocracy in the German Legal System

  • Abstract

Informations and abstract

Keywords: Outsourcing; Post-democratisation; Democratic Legitimation; Conflicting Interests; Expertocracy.

Outsourcing as a business practise of hiring parties from outside of an organisation to perform tasks or provide services that previously had been done by its own employees, represents a well-known and much discussed phenomenon. In contrast, the «outsourcing» of legislative functions - i.e. the drafting of law by private third parties - is a far less explored field. In Germany, some see the so-called "Gesetzgebungsoutsourcing" as a mere instrument of effective governance, whereas others criticise the growing influence of private experts within the legislative procedure as potentially depriving the Parliament of its powers. In addition to that, the emerging area of conflicting interests gives rise to reasonable doubts as to whether the discussed phenomenon can withstand scrutiny under the German "Grundgesetz".

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