Constitutional Limitations on the Competence to Entrust the Exercise of Authority to Private Entities

Abstract

Danish constitutional limitations – Entrusting executive power to private entities – Executive power involving coercive measures – A previous assumption – Use of physical force – Private prisons – Constitutional interpretation – Binding constitutional assumptions – Substantive limitations – Organisational limitations – External delegation under Danish administrative law – American constitutional law – Private entities’ fundamental self-interest – Conflicts of interest – Pecuniary or other personal interest – Healthcare legislation – The ministerial system – Democratic and legal liability – Judicial review – Ombudsman supervision – Constitutional organisation of state – The bulk of state executive power – Citizens’ constitutional rights and freedoms