Premium
NEW FORMS OF ADMINISTRATIVE LAW IN THE AGE OF THIRD‐PARTY GOVERNMENT
Author(s) -
BENISH AVISHAI,
LEVIFAUR DAVID
Publication year - 2012
Publication title -
public administration
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.313
H-Index - 93
eISSN - 1467-9299
pISSN - 0033-3298
DOI - 10.1111/j.1467-9299.2012.02037.x
Subject(s) - administrative law , accountability , public administration , legislature , democracy , government (linguistics) , public law , political law , corporate governance , promotion (chess) , private law , public service , political science , administrative services organization , law , business , politics , linguistics , philosophy , black letter law , finance
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.