Law and Contractual Governance
Law and Contractual Governance
This chapter considers how legal procedural reforms might help increase legitimacy and effectiveness by controlling the pace and extent of contractualisation in contemporary Britain. It suggests that a major role for responsive law should be to structure the exercise of discretion by ministers and officials in respect of both the development of general policy and its implementation by public agencies in particular instances. The availability of information at all levels of decision making on public contracting is shown to be an essential component of proceduralisation. The chapter also explores how legal frameworks might be reformed in order to help increase effectiveness and fairness through the strengthening of institutions governing administrative contracts, economic contracts, and social control contracts.
Keywords: procedural reforms, contractualisation, public contracting, administrative contracts, economic contracts, social control contracts
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