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AccountabilityA Public Law Analysis of Government by Contract$
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Anne Davies

Print publication date: 2001

Print ISBN-13: 9780198299486

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299486.001.0001

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Getting On: Accountability Relationships and Procedural Fairness

Getting On: Accountability Relationships and Procedural Fairness

Chapter:
(p.137) 7 Getting On: Accountability Relationships and Procedural Fairness
Source:
Accountability
Author(s):

A. C. L. Davies

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299486.003.0007

The first part of the chapter examines contractual accountability relationships in the NHS using analytical models based on the hard and soft models. Fundholders tend to negotiate and draft their contracts in accordance with the hard model, but there is variation across the range from hard to soft models when it comes to enforcing contracts. Health Authorities usually mix hard and soft standards and negotiating styles even within the same contract. The second part of the chapter addresses the issue of regulating contractual accountability relationships. First, it argues that familiar public law concepts of due process norms should be applied to such relationships, despite some theoretical difficulties. Secondly, it looks for different ways of applying due process norms in contractual accountability relationships. It attempts to fit the process norms into the different types of contractual relationships shown by the data.

Keywords:   NHS contractual accountability, soft model, hard model, Health Authorities, due process, due process norms, contractual relationship

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