Outsourcing Sovereignty

Why Privatization of Government Functions Threatens Democracy and What We Can Do about It

Paul R. Verkuil (Autor)

Buch | Softcover

248 Seiten

2007
Cambridge University Press (Verlag)
978-0-521-68688-4 (ISBN)

Infos

Reliance on the private military industry and the privatization of public functions has left the US government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized.

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This book describes the largely overlooked process of using private government contractors to perform essential or inherent functions in the military and civilian sectors of government. It shows how such practices undermine the capacity effectiveness and morale of government officials and it establishes constitutional and statutory arguments against the practice. It recognizes and accepts the proper role for outsourcing or privatization while safeguarding against its improper use. The argument ultimately turns on the necessity for our democratic system to require the executive branch to perform crucial tasks in-house unless Congress has permitted delegations to private contractors.

Autor

Dr Paul R. Verkuil is currently Professor of Law at Cardozo Law School, having formerly been the Dean of both Cardozo Law School and Tulane Law School. He is the President Emeritus of the College of William and Mary. He was a Special Master of the US Supreme Court in New Jersey v. New York. He is a leading scholar in administrative law and the author of over seventy articles on administrative, regulatory, and Constitutional law. He is the co-author of a leading treatise on administrative law and casebook in regulation and deregulation.

Inhalt

1. Introduction; 2. The privatization movement: an overview; 3. The privatization of government functions; 4. The public-private distinction and constitutional law; 5. The nondelegable duty to govern; 6. The administrative restrictions on contracting out inherent government functions; 7. The role of the Courts and Congress in preserving government functions; 8. Conclusions.

Produkt-Details

• Erscheint lt. Verlag: 16.7.2007
• Zusatzinfo: Worked examples or Exercises
• Verlagsort: Cambridge
• Sprache: englisch
• Maße: 152 x 228 mm
• Gewicht: 370 g
• Themenwelt: Sozialwissenschaften ► Politik / Verwaltung ► Staat / Verwaltung
• ISBN-10: 0-521-68688-1 / 0521686881
• ISBN-13: 978-0-521-68688-4 / 9780521686884
• Zustand: Neuware