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AccountabilityA Public Law Analysis of Government by Contract$
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Anne Davies

Print publication date: 2001

Print ISBN-13: 9780198299486

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299486.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 May 2021

Controversies and Reform

Controversies and Reform

(p.49) 3 Controversies and Reform

A. C. L. Davies

Oxford University Press

This chapter examines some of the theoretical issues surrounding the development of special public law rules for internal contracts. The literature suggests that the parties usually encounter two problems: purchasers will be tempted to interfere instead of giving providers a sphere of autonomy, and providers may not feel obliged to comply with contractual targets. The first section of the chapter argues that both these problems reflect the fact that internal contracts are not regulated or enforced by the law. The second section examines the possible ways of developing a normative framework and dispute resolution mechanism for internal contracts. The chapter concludes that public law, rather than private law, would better facilitate the use of this mechanism.

Keywords:   public law, purchasers, providers, unenforceable contracts, dispute resolution mechanism, normative framework

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