Public-private partnerships and the law : regulation, institutions and community / Yseult Marique, University of Essex, UK.
2014
KD4490 .M37 2014 (Map It)
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Details
Author
Title
Public-private partnerships and the law : regulation, institutions and community / Yseult Marique, University of Essex, UK.
Published
Cheltenham, UK : Edward Elgar, [2014]
Copyright
©2014
Call Number
KD4490 .M37 2014
ISBN
9781781004548
1781004544
9781781004555 (E-ISBN)
1781004544
9781781004555 (E-ISBN)
Description
xxi, 305 pages ; 24 cm
System Control No.
(OCoLC)893893876
Summary
This timely book examines the legal regulation of Public Private Partnerships (PPPs) and provides a systematic overview of PPPs and their functions. It covers both the contractual relationships between public and private actors and the relationships between PPPs and third parties, such as end-users. Public Private Partnerships and the Law fills gaps in legal literature by focusing on the example of English PPPs and providing a systematic overview of the changes that PPPs have undergone since their inception in 1992. The author develops three models for their regulation: market-analogue, state-analogue and community-analogue. The book discusses these models with appropriate case studies. Scholars and students of law and regulation will find this book to be of interest. Lawyers engaging with government contracts and public procurement will also find this to be a useful reference tool.
Bibliography, etc. Note
Includes bibliographical references (pages 272-289) and index.
Record Appears in
Table of Contents
Foreword John Bell
vii
Acknowledgements
ix
List of abbreviations
xi
Table of cases
xvii
Table of statutes
xviii
Table of statutory instruments
xxi
Introduction
1
PPPs, public spending and financial crises
1
PPPs, law and public contracts
3
Research approach: a narrative for PPPs
6
Narrative in a nutshell
8
Argument and outline of chapters
9
1.
PPPs in regulation
12
Introduction
12
Tensions in PPPs
14
Background: Regulatory space and relational distance
20
Techniques of coordination
25
Dynamics: Narratives and community, from trust to care
30
Three models of regulation
37
PPPs: Interfaces between institutions, law and communities
43
2.
English PPPs: Institutions, techniques and changes
45
Introduction
45
Institutional actors: Autonomy and control
46
Pragmatism: Developing supporting institutions
60
Legalism: Architecture for public discretion
77
Functionalism: Community bridging of state and market
82
Illustrations from English PPPs
84
Discretion in the PPP regulatory space
96
3.
Organising long-term relationships between PPP/PFI partners
100
Introduction
100
PPPs/PFIs: Formalised long-term contracts
102
Elaboration of PPPs/PFIs: Organised competition
106
Relational nexus: Exchange, value for money (VfM) and risk allocation
116
Performance of PPPs/PFIs: Adjusting compliance
129
Communities and shared narratives
140
Formalisation, cooperation and protection
149
4.
Lacking relationships with third parties
152
Introduction
152
Framing control over PPPs/PFIs
154
Control over spending taxpayers' money: Political disconnection
160
Courts: Limits to third parties' legal protection
168
Gap-filling: Third parties' voices
183
Narratives and communities: Tensions
192
Hybridity, fragmentation and intermediation
204
5.
Collective interests between public and private interests: From pragmatism to ethic?
207
Introduction
207
Spotlight on communities
208
Institutions and communities: Moving in the same direction?
213
Ethical commitments, legal requirements and social changes
222
Tensions between institutions and communities
232
An ethic of care: A standard for discretion?
244
An ethic of care: Capturing the missing dimension of PPPs/PFIs?
257
Conclusions: Towards an ethic of care?
259
Communities in the PPP regulatory space
260
Flexibility
264
Trust
267
Beyond English PPPs
269
Select bibliography
272
Index
291