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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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The New Public Contracting - Regulation, Responsiveness, Relationality (Hardcover, New)
Loot Price: R4,043
Discovery Miles 40 430
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The New Public Contracting - Regulation, Responsiveness, Relationality (Hardcover, New)
Expected to ship within 12 - 17 working days
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This book charts the significant increase in Britain over the last
25 years in the deployment of contract as a regulatory mechanism
across a broad spectrum of social relationships. Since Labour came
to power in 1997 the trend has accelerated, the use of contract
spreading beyond the sphere of economics into public administration
and social policy. The 'new public contracting' is the term given
this distinctive mode of governance, characterized by the
delegation of contractual powers and responsibilities to public
agencies in regulatory frameworks preserving central government
controls and powers of intervention. In many cases the contracts
are not legally enforceable, their power as regulatory instruments
deriving from the hierarchical authority relations in which they
are embedded. Examples of the new public contracting include the
regulation of relationships between government departments through
Public Service Agreements and Framework Documents; the regulation
of relationships between individual citizens and the state through
Youth Offender Contracts, Parenting Contracts, and Jobseekers
Agreements; the funding of public infrastructure projects through
Public Private Partnerships; and the restructuring of key public
service sectors such as health, social care and education through
contracts in competitive quasi-markets, reflecting the Government's
privatization agenda. The book critically analyzes and evaluates
such contractual arrangements with reference to theories of
relational contract and responsive regulation. It argues that while
in business and other private relations contract routinely enables
the parties to regulate and adjust their on-going relationships to
mutual benefit, this is often not the case in the new public
contracting. In many instances crucial elements of trust,
voluntariness, and reciprocity are shown to be lacking. This and
other weaknesses in regulatory design are likely to impede the
attainment of the Government's policy objectives. The book
demonstrates the problems of ineffectiveness and lack of legitimacy
generally associated with this mode of regulation, and specifies
institutional and other conditions that need to be satisfied for
the more responsive governance of these public service functions.
General
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