Contract plays a vitally important role in the delivery of public
services today. Both central and local governments make extensive
use of private firms to provide facilities, goods, and services.
Government contracts vary considerably from the relatively
straightforward competitive procurement of office supplies, to
complex, long-term arrangements in which the contractor researches
and develops a new piece of military equipment, or builds and
provides a fully-serviced hospital over a thirty-year period.
English law's traditional approach to government contracts has
been to regard them as ordinary private law arrangements. As a
result, they have understandably been neglected by public lawyers
in both teaching and research. This book argues that, on closer
inspection, constitutional and administrative law (in the form of
statute, common law, and government guidance) have been playing an
increasingly important role in the regulation of certain key
aspects of government contracting. The book analyzes these public
law elements in detail and suggests ways in which they might
appropriately be developed more fully, in tandem with the
underlying private law regime. The book's aim is to raise the
profile of government contracts as a proper subject for public law
scholarship, whilst at the same time contributing to important
contemporary debates on issues such as the public vs. private
divide, the scope of the judicial review jurisdiction, and the
reach of the Human Rights Act 1998.
General
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