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Davies, A.C.L. Fellow and Tutor in Law, Brasenose College, Oxford; Reader in Public Law, University of Oxford
Print publication date: 2008 (this edition)
Published to Oxford Scholarship Online: January 2009
Print ISBN-13: 978-0-19-928739-0
doi:10.1093/acprof:oso/9780199287390.003.0009
 

A C L Davies
This chapter considers the use of government contracts to pursue social and environmental goals not immediately related to the contract itself. Some commentators argue that contracts are a good mechanism for reinforcing other government policies. Others argue that social and environmental goals hinder government purchasers in their pursuit of value for money. The chapter sets out a public law framework for social and environmental goals, which suggests that the pursuit of such goals should be permitted where it meets with parliamentary approval or (when Parliament is silent) where it enables the government to act consistently across different policy areas. Social and environmental goals should not be pursued where they might constitute an unreasonable burden for contractors or an unreasonable threat to propriety in public spending. The chapter critiques current domestic and EU law on social and environmental goals in government contracts in the light of this framework.
Keywords: social goals, environmental goals, value for money, propriety, consistency, reasonableness
doi:10.1093/acprof:oso/9780199287390.003.0009
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