Jump to ContentJump to Main Navigation
AccountabilityA Public Law Analysis of Government by Contract$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

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: 19 April 2021

Getting On: Accountability Relationships and Procedural Fairness

Getting On: Accountability Relationships and Procedural Fairness

(p.137) 7 Getting On: Accountability Relationships and Procedural Fairness

A. C. L. Davies

Oxford University Press

The first part of the chapter examines contractual accountability relationships in the NHS using analytical models based on the hard and soft models. Fundholders tend to negotiate and draft their contracts in accordance with the hard model, but there is variation across the range from hard to soft models when it comes to enforcing contracts. Health Authorities usually mix hard and soft standards and negotiating styles even within the same contract. The second part of the chapter addresses the issue of regulating contractual accountability relationships. First, it argues that familiar public law concepts of due process norms should be applied to such relationships, despite some theoretical difficulties. Secondly, it looks for different ways of applying due process norms in contractual accountability relationships. It attempts to fit the process norms into the different types of contractual relationships shown by the data.

Keywords:   NHS contractual accountability, soft model, hard model, Health Authorities, due process, due process norms, contractual relationship

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .