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Private Security, Public OrderThe Outsourcing of Public Services and Its Limits$
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Simon Chesterman and Angelina Fisher

Print publication date: 2009

Print ISBN-13: 9780199574124

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199574124.001.0001

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The privatization continuum

The privatization continuum

(p.71) 4 The privatization continuum
Private Security, Public Order

Daphne Barak-Erez

Oxford University Press

The use of lethal violence by private actors is often identified as a uniquely troubling aspect of the PMSC phenomenon. As this chapter demonstrates, however, our understanding will remain only partial if this is not discussed in the broader context of other privatization policies. Through the prism of domestic constitutional law, with recourse to comparative tools, the chapter analyzes the trend to privatize public functions and discusses the limitations on privatization in general and the limitations on privatization of security functions in particular. It argues that the realities of widespread privatization of public functions necessitate a rethinking of the basic principles of constitutional and administrative law beyond the mere adjustment of specific rules and doctrines.

Keywords:   privatization, outsourcing, private military and security companies, PMSCs, accountability, constitutional law, administrative law

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