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Shortlisted for the Inner Temple Book Prize 2011
SHORTLISTED FOR THE SLS PETER BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2009; Shortlisted for the Inner Temple Book Prize 2011
The Public Law of Government Contracts
A.C.L. Davies
376 pages
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234x156mm
978-0-19-928739-0
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Hardback
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11 September 2008
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This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
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- The first attempt to analyse modern government contracting from a public law perspective
- Brings together public law material on government procurement, making it an indispensible reference tool
- Raises the profile of government contracts and procurement as a proper subject for public law scholarship
- Contributes to important contemporary debates on issues such as the public/private divide, the scope of judicial review jurisdiction, and the reach of the Human Rights Act 1998
Contract plays a vitally important role in the delivery of public services today. Both central and local government make extensive use of private firms to provide facilities, goods, and services. Government contracts vary considerably from the relatively straightforward competitive procurement of office supplies, to complex, long-term arrangements in which the contractor researches and develops a new piece of military equipment, or builds and provides a fully serviced hospital over a thirty-year period.
English law's
traditional approach to government contracts has been to regard them as ordinary private law arrangements. As a result, they have understandably been neglected by public lawyers in both teaching and research. This book argues that, on closer inspection, constitutional and administrative law (in the form of statute, common law, and government guidance) have been playing an increasingly important role in the regulation of certain key aspects of government contracting. The book analyses these public law elements in detail and suggests ways in which they might appropriately be developed more fully, in tandem with the underlying private law regime. The book's aim is to raise the profile of government contracts as a proper subject for public law scholarship, whilst at the same time contributing
to important contemporary debates on issues such as the public vs private divide, the scope of the judicial review jurisdiction, and the reach of the Human Rights Act 1998.
Readership: Scholars, academics, advanced students and practitioners in the fields of constitutional and administrative law, contract law, public procurement law, regulation and public administration
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A.C.L. Davies, Fellow and Tutor in Law, Brasenose College, Oxford; Reader in Public Law, University of Oxford
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1: Introduction
2: Regulating Government Contracts
3: The Public Law Perspective
4: The Decision to Use Contract
5: Awarding the Contract
6: Dealing with Policy Changes
7: Contract Management
8: Government Contractors: Public or Private?
9: Social and Environmental Goals
10: Employment Matters
11: Conclusions and Future Prospects
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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