... accessible and illuminating ... Dr Davies picks her way clearly through the maze of debates and commentaries surrounding the topic and provides an insight and evaluation that ultimately give rise to credible proposals for the regulation and enforcement of internal contracts through public law. ... a welcome addition to the literature on government by contract. Besides being instructive to the obvious health service personnel and others involved in contracting in the public sector, this book should also be of interest to scholars and students seeking to understand the increasing complexities and idiosyncrasies pertaining to modern government.

Medical Law Review, 10, Summer 2002

This is an interesting and well-constructed book, which justifies its place in Oxford's socio-legal studies series with an effective combination of theoretical analysis and the results of empirical research involving case studies. ...By focusing on the requirements of a public law framework, Davies makes significant progress towards making sense of external government contracts in terms of accountability.

Legal Studies 2002 22(2)

Many government bodies relate to each other through contracts: government departments and agencies; government departments and the Treasury; National Health Service (NHS) purchasers and NHS Trusts. These 'internal contracts' are not, in general, regulated or enforced by the law. This book explores the practical problems encountered by the parties to internal contracts, drawing on evidence from an empirical case study of NHS contracts. It uncovers difficulties in defining the parties' roles; in maintaining good working relationships; and in securing compliance with contractual terms. It then examines the possibility of solving these problems through law. Some commentators, particularly public lawyers, have condemned the law's failure to keep pace with the rise of 'government by contract', but few have made specific proposals for reform. The book develops an original public law analysis of internal contracts, interpreting them as mechanisms of accountability from service providers to purchasers. It proposes norms which would help the parties to use their contracts as fair and effective mechanisms of accountability. It also suggests reforms to the institutional framework for internal contracts. The book will be of interest not only to academics working in the fields of law and public administration, but to policy-makers concerned with the contractualisation of public services. It also has wider implications for the regulation of other types of government contract, and should stimulate debate among public lawyers on the neglected issue of 'government by contract'.
Les mer
This work explores the problems encountered by the parties to internal contracts, drawing on evidence from a case study of NHS contracts. It uncovers difficulties in defining the parties' roles; in maintaining good working relationships; and in securing compliance with contractual terms.
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1. Government by Contract ; 2. Internal Government by Contract ; 3. Controversies and Reform ; 4. Accountability Mechanisms ; 5. Accountability Analysis in Practice: NHS Contracts ; 6. Fitting In: Interactions between Contracts and other Accountability Mechanisms ; 7. Getting On: Accountability Relationships and Procedural Fairness ; 8. Winning Out: Making the Accountability Process Effective ; 9. Conclusions and Prospects
Les mer
`... accessible and illuminating ... Dr Davies picks her way clearly through the maze of debates and commentaries surrounding the topic and provides an insight and evaluation that ultimately give rise to credible proposals for the regulation and enforcement of internal contracts through public law. ... a welcome addition to the literature on government by contract. Besides being instructive to the obvious health service personnel and others involved in contracting in the public sector, this book should also be of interest to scholars and students seeking to understand the increasing complexities and idiosyncrasies pertaining to modern government.' Medical Law Review, 10, Summer 2002 `This is an interesting and well-constructed book, which justifies its place in Oxford's socio-legal studies series with an effective combination of theoretical analysis and the results of empirical research involving case studies. ...By focusing on the requirements of a public law framework, Davies makes significant progress towards making sense of external government contracts in terms of accountability.' Legal Studies 2002 22(2)
Les mer
Contains a ground-breaking public law analysis of internal contracts It is based on a detailed socio-legal case study in the NHS Internal contracts are a controversial, topical issue but they have been neglected by public lawyers
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Anne Davies is a Fellow of All Souls College, Oxford
Contains a ground-breaking public law analysis of internal contracts It is based on a detailed socio-legal case study in the NHS Internal contracts are a controversial, topical issue but they have been neglected by public lawyers
Les mer

Produktdetaljer

ISBN
9780198299486
Publisert
2001
Utgiver
Vendor
Oxford University Press
Vekt
400 gr
Høyde
224 mm
Bredde
145 mm
Dybde
18 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
248

Forfatter

Biographical note

Anne Davies is a Fellow of All Souls College, Oxford