This note analyzes the constitutionality of the current state of prison privatization in the United States under the non-delegation doctrine and the due process clause. Furthermore, this note analyzes the Israeli Supreme Court's ruling holding prison privatization as unconstitutional under the Basic Law of the Right to Human Dignity and Liberty. Subsequently, an argument is made that the current authority for the utilization of private prisons in the United States is insufficient to establish the use of private prisons as constitutional. As such, this note argues that the overall scheme of privatization should provide for more detailed contracts--similar to those proposed under the Israel privatization authority--to include outcome-based goals, rehabilitative efforts, and proper supervisory oversight by the governmental authority to ensure compliance. If such reforms are made, then the utilization of private prisons in the United States would become a constitutional method to manage the prison population in the United States.
The Constitutionality of Prison Privatization: An Analysis of Prison Privatization in the United States and Israel,
6 Global Bus. L. Rev.
available at https://engagedscholarship.csuohio.edu/gblr/vol6/iss1/3