International Framework

Abstract

Abstract This chapter verifies how an international law framework, consisting of four comprehensive human rights treaties (IACHR, ICCPR, ECHR, and EUCFR), influences the national constitutional framework of the signatory states on the topic of outsourcing rulemaking powers. It attempts to provide insights from an overarching perspective with respect to two questions that are aligned with the two research hypotheses. (1) Did the Contracting States subject to these human rights treaties incorporate a right to democratic representation which would limit the possibility of outsourcing their rulemaking powers on a national level? (2) Does the international legality principle in these treaties put an obligation on all rulemakers to draft their rules in conformity with certain guarantees? The chapter explains that the domestic obligations that derive from these four treaties have not yet led to a clear-cut prohibition of outsourcing rulemaking powers; however, angles and arguments are provided suggesting how this situation could change. Nevertheless, this international chapter shows the necessity to address both research hypotheses from a comparative, national approach.

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