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The Public Law of Government Contracts A.C.L. Davies (Fellow and Tutor in Law, Brasenose College, Oxford Reader in Public Law, University of Oxford)

The Public Law of Government Contracts By A.C.L. Davies (Fellow and Tutor in Law, Brasenose College, Oxford Reader in Public Law, University of Oxford)

Summary

This book offers an in-depth examination of the law on government contracts and develops a challenging approach which views government contracts from a public law perspective as opposed to a matter for private law.

The Public Law of Government Contracts Summary

The Public Law of Government Contracts by A.C.L. Davies (Fellow and Tutor in Law, Brasenose College, Oxford Reader in Public Law, University of Oxford)

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.

About A.C.L. Davies (Fellow and Tutor in Law, Brasenose College, Oxford Reader in Public Law, University of Oxford)

Anne Davies is Fellow and Tutor in Law at Brasenose College, Oxford, and Reader in Public Law at the University of Oxford. Her teaching and research interests are in Constitutional and Administrative Law, and Employment Law. She has published extensively in both fields, including Accountability: A Public Law Analysis of Government by Contract (OUP, 2001), and Perspectives on Labour Law (CUP, 2004).

Table of Contents

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

Additional information

NPB9780199287390
9780199287390
0199287392
The Public Law of Government Contracts by A.C.L. Davies (Fellow and Tutor in Law, Brasenose College, Oxford Reader in Public Law, University of Oxford)
New
Hardback
Oxford University Press
2008-09-11
384
Winner of SHORTLISTED FOR THE SLS PETER BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2009; Shortlisted for the Inner Temple Book Prize 2011.
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