Privatización de funciones inherentemente estatales

Abstract

Interbranch delegation of powers has been an issue of deep and recurrent analysis in our field; particularly, the exercise of legislative powers by the Executive branch. Conversely, the delega-tion of inherently governmental functions to private parties has received less attention. This essay tries to determine what should be understood by such, and consequently, if the transfer of certain quintessential state matters to private hands is tolerated by our legal system –and if so, under what circumstances– in light of the non-delegation doctrine, due process of law and the democratic form of government.