Faculté de droit

The Contracting State and Its Courts : A historical comparative view on contracts between the state and private persons

Abegg, Andreas

In: Papers Presented in the Center for the Study of Law and Society Bag Lunch Speaker Series, 2009, no. 38, p. 1-33

Since the 1970s in the US, Europe, and indeed throughout the world, there has been a move to transfer public power to private entities, to replace public agencies with private contractors. Alongside this political and administrative development a new scholarly school has developed: one which argues that contract will become the new form of regulation for the emergent public services provided by... More

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    Summary
    Since the 1970s in the US, Europe, and indeed throughout the world, there has been a move to transfer public power to private entities, to replace public agencies with private contractors. Alongside this political and administrative development a new scholarly school has developed: one which argues that contract will become the new form of regulation for the emergent public services provided by private contractors. Regarding such contracts between the state and private persons, legal scholars have to deal with two major issues: the transformation of the state vis-àvis society on the one hand, and the role of the law and the courts in shaping the contracting state on the other hand.