NEW FORMS OF ADMINISTRATIVE LAW IN THE AGE OF THIRD‐PARTY GOVERNMENT |
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| Authors: | AVISHAI BENISH DAVID LEVI‐FAUR |
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| Institution: | 1. Avishai Benish is at The Hebrew University of Jerusalem, Paul Baerwald School of Social Work and Social Welfare, Mount Scopus, Jerusalem, Israel;2. David Levi‐Faur is at The Hebrew University of Jerusalem and is currently Senior Fellow at the Kolleg‐Forschergruppe (KFG), Freie Universit?te of Berlin. |
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| Abstract: | This article explores the democratic values underlying public services when they are outsourced. Building on Rosenbloom and Piotrowski's (2005a, 2005b) framework, we examine whether and how administrative law norms – that serve as central democratic governance and accountability mechanisms in the administrative state – are extended to the new (private) frontline service providers. Through a study of the regulation of the privatized welfare‐to‐work programme in Wisconsin, we find that new forms of administrative law are evolving in third‐party government. These forms differ from administrative law as it usually applies to public agencies in several important aspects. The findings highlight the active role of legislative and administrative mechanisms in the promotion of these new forms of administrative law; and they shed light on the transformations that administrative law norms undergo in the age of third‐party government. |
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