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Delegation as a Source of Law
Author(s) -
Dewhurst Dale,
Hampton David,
Shiner Roger A.
Publication year - 2003
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/1467-9337.00224
Subject(s) - delegation , mediation , arbitration , ambivalence , character (mathematics) , law , order (exchange) , political science , law and economics , sociology , psychology , business , social psychology , mathematics , geometry , finance
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.