Corporatisation in Local Government


Book Description

This book provides a comprehensive comparison of municipally owned corporations in Europe. Municipal corporatisation is the act of delivering public services at arm’s length from local government through municipally owned corporations. Although it has become an increasing trend in recent years, we still know little about cross-country differences in what these municipally owned corporations look like, what legislation applies to them, and how they are governed. This book seeks to fill this gap. Each chapter outlines the legal provisions that enable or hinder the formation of municipally owned corporations in a particular country, the trends around corporatisation, and the structure of the corporations that exist. Going beyond the national context, the book provides an overview of what unites countries in terms of the trend towards municipally owned corporations, and what differentiates them. It offers a critical comparison that will make finding regional and global trends easier for researchers, and will help practitioners to better understand the differences between countries to allow for greater collaborative policy learning.




Corporatization and Privatization


Book Description

In the late 1980s, New Zealand began the arduous task of reforming the public sector, transforming government departments into privately held, profitable companies. This book examines the commercialization of state trading departments, explores the economic principles behind the changes and the organizational responses, and discusses the outcomes in performance of these fourteen departments.










Common Values and the Public-Private Divide


Book Description

This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.







Corporatisation


Book Description




The Province of Administrative Law


Book Description

During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.




The Public Law/Private Law Divide


Book Description

The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".