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Public administration scholars have raised serious concerns about loss of democratic accountability when government services are outsourced to private forprofit businesses because of the very different values and missions of the two sectors. Particular concern for democratic accountability arises when administrative discretion is delegated to governments' private sector agents. Furthermore, if contractors may adversely impact individual rights or interests, or may adversely impact vulnerable populations, special democratic responsibilities arise. It is these three features of outsourcing transactions that constitute the elements of the proposed framework used in this research in order to assess need for heightened attention to democratic accountability. Some scholars argue for application of constitutional and administrative law norms to some government contractors. Public service ethics and transparency requirements found in administrative law are heavily value-laden and mission-driven. If applied to certain government contractors, they can help to bridge the sectors' mission and value differences, thus enhancing democratic accountability for the services performed by governments' private sector agents. This research offers an analytical framework for identifying features of outsourcing transactions that call for enhanced democratic accountability measures such as ethics and transparency requirements, and explores the application of ethics and transparency requirements to governments' contractors. Contracts and laws governing three Florida local government service categories were subjected to close systematic textual and legal analysis: residential trash collection, building code inspection, and inmate health care. The analysis revealed circumstances calling for greater attention to democratic accountability in that the selected outsourcing transactions delegated to contractors the authority to exercise police power, make public policy, and commit expenditures of public funds. Contracts and laws haphazardly required contractors to abide by public service ethics and transparency requirements, thus beginning to adapt the mission and value system of their private sector agents to those of government.
The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.
In the 21st century, more than any other time, US agencies have relied on contractors to conduct core intelligence functions. This book charts the swell of intelligence outsourcing in the context of American political culture and considers what this means for the relationship between the state, its national security apparatus and accountability within a liberal democracy. Through analysis of a series of case studies, recently declassified documents and exclusive interviews with national security experts in the public and private sectors, the book provides an in-depth and illuminating appraisal of the evolving accountability regime for intelligence contractors.
This handbook is a tool to help government officials assess whether contracting out might be a possible way forward – either temporarily or over a longer period of time – for delivering a core service or a government function.
Reliance on the private military industry and the privatization of public functions has left our 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. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.
Private actors are increasingly taking on roles traditionally arrogated to the state. Both in the industrialized North and the developing South, functions essential to external and internal security and to the satisfaction of basic human needs are routinely contracted out to non-state agents. In the area of privatization of security functions, attention by academics and policy makers tends to focus on the activities of private military and security companies, especially in the context of armed conflicts, and their impact on human rights and post-conflict stability and reconstruction. The first edited volume emerging from New York University School of Law's Institute for International Justice project on private military and security companies, From Mercenaries to Market: The Rise and Regulation of Private Military Companies broadened this debate to situate the private military phenomenon in the context of moves towards the regulation of activities through market and non-market mechanisms. Where that first volume looked at the emerging market for use of force, this second volume looks at the transformations in the nature of state authority. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, the book examines private military and security companies through the wider lens of private actors performing public functions. In the past two decades, the responsibilities delegated to such actors - especially but not only in the United States - have grown exponentially. The central question of this volume is whether there should be any limits on government capacity to outsource traditionally "public" functions. Can and should a government put out to private tender the fulfilment of military, intelligence, and prison services? Can and should it transfer control of utilities essential to life, such as the supply of water? This discussion incorporates numerous perspectives on regulatory and governance issues in the private provision of public functions, but focuses primarily on private actors offering services that impact the fundamental rights of the affected population.
"This research from TASC looks at untangling the "fog index" that exists around how Government works. TASC authors Paula Clancy and Grainne Murphy identify important issues of transparency, accountability and freedom from political/elite patronage."--BOOK JACKET.
This volume examines the theorization of democratic accountability and what accountability processes tell us about political order and orderly change.