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The New Public ContractingRegulation, Responsiveness, Relationality$
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Peter Vincent-Jones

Print publication date: 2006

Print ISBN-13: 9780199291274

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199291274.001.0001

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Law and Contractual Governance

Law and Contractual Governance

Chapter:
(p.311) 11 Law and Contractual Governance
Source:
The New Public Contracting
Author(s):

Peter Vincent-Jones

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199291274.003.0011

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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