The Public Law Of Government Contracts

Hardcover | November 9, 2008

byA.C.L. Davies

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Contract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. Government contracts vary considerably from the relatively straightforward competitive procurementof 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 andadministrative 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 analyses these public law elements in detail and suggests ways in which they mightappropriately 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 publicvs private divide, the scope of the judicial review jurisdiction, and the reach of the Human Rights Act 1998.

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From the Publisher

Contract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. Government contracts vary considerably from the relatively straightforward competitive procurementof office supplies, to complex, long-term a...

Anne Davies is Fellow and Tutor in Law at Brasenose College, Oxford, and Reader in Public Law at the University of Oxford. Her teaching and research interests are in Constitutional and Administrative Law, and Employment Law. She has published extensively in both fields, including Accountability: A Public Law Analysis of Government by ...

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Format:HardcoverDimensions:464 pages, 9.21 × 6.14 × 1.08 inPublished:November 9, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199287392

ISBN - 13:9780199287390

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Table of Contents

1. Introduction2. Regulating Government Contracts3. The Public Law Perspective4. The Decision to Use Contract5. Awarding the Contract6. Using Policy Changes7. Managing the Contract8. Legal Accountability for Contracted Services9. Social and Environmental Goals10. Employment Matters11. The Public Law Perspective Revisited