New forms of administrative law in the age of third-party government

Avishai Benish*, David Levi-Faur

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

26 Scopus citations

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.

Original languageAmerican English
Pages (from-to)886-900
Number of pages15
JournalPublic Administration
Volume90
Issue number4
DOIs
StatePublished - Dec 2012

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