BOOK
15,00 €

The Constitutional Law of Privatisations in the United Kingdom

Language
English
Pages
134
ISBN
978-618-5417-01-7
2019 / Vol. CXX
Digital Edition

EPLS, vol. CXX, Nikiforos Meletiadis, The Constitutional Law of Privatisations in the United Kingdom, 2019, 136 pp., ISSN: 2308-8648, ISBN: 978-618-5417-01-7

The present book examines the issue of political accountability for the promotion of Public Private-Partnerships and Private Finance Initiative in the health, detention and defence sectors in the United Kingdom, as formulated in the context of the relationship between the executive and legislature. The prism through which these relationships are examined is the voting of legislation authorising the Secretary of State to incorporate the private sector into the provision of public services.

It is argued that political accountability is fundamental for the promotion of Public-Private Partnerships and Private Finance Initiative, though the government has promoted an auditing system of accountability which involves the Treasury and the National Audit Office rather than parliament.

Although the voting of legislation authorising the Secretary of State to involve the private sector in the provision of public services is pivotal for the safeguarding of the democratic, constitutional and learning perspectives of political accountability, it does not always guarantee the same quality of political accountability arrangements.

The factors which alienate the voting of legislation for political accountability and make its functioning problematic as well as the dangers involved when the government fails to promote legislation authorising the Secretary of State to involve the private sector in the provision of public services are analysed.

Dr Nikiforos Meletiadis, BA, CDT, LL.M., M.St. (Oxon), PhD (Cam), is a member of the Doing Business team of the World Bank and works on the design of the Contracting with the Government indicator. Prior to joining the World Bank Group, he worked as a Legal Researcher in International Economic Law at the University of Cambridge, and as a Lecturer for the Center of International Business Law at the University of Oxford. Prior to that, he worked as a legal consultant for Ernst and Young, where he developed a number of streamlined processes to handle more effectively issues arising in banking negotiations and project finance in public procurement.

Table of Contents

Note to the Reader

Abstract

Table of Contents

Table of Cases

Table of Legislation

Introduction

Chapter 1: Public-Private Partnerships, New Public Management and Statutory Authorisation to the Secretary of State to Involve the Private Sector in the Provision of Public Services

  1.  

1.1 The Nature of Public-Private Partnerships and the Private Finance Initiative

1.2 PPPs and the PFI - Theoretical Underpinnings and Their Relationship with the New Public Management of Public Administration

1.3 Public-Private Partnerships and the Auditing System of Accountability

1.4 Law Authorising the Secretary of State to Involve the Private Sector in the Provision of Public Services as a Means of Political Accountability

1.5 Ability of the Government to Contract

1.6 The Importance of Authorisation by Statute as a Means for the Promotion of Political Accountability in PPPs

Chapter 2: Public-Private Partnerships in the Health and Detention sectors

2.1. Public-Private Partnerships in Health

2.1.1. Analysis

2.1.2.  On the Democratic, Constitutional and Learning Perspectives of Political Accountability

2.2. Public-Private Partnerships in the Detention Sector

2.2.1. Analysis

2.2.2.  On the Democratic, Constitutional and Learning Perspectives of Political Accountability

2.3. Conclusion

Chapter 3: Public-Private Partnerships in the Defence Sector

3.1. Introduction

3.2. Analysis

3.2.1. The Involvement of Parliament in the Promotion of PPPs  in the Defence Sector

3.2.2. Factors that Filled the Vacuum of Political Accountability

3.3. Results

3.4. On the Democratic, Constitutional and Learning Perspectives of Political Accountability

Conclusions

Bibliography

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