Retaining public value and public law value in outsourcing

Abstract

We argue that the proliferation of governance in the public sector has raised questions regarding individual constitutional rights. While some proclaim cost savings and entrepreneurial solutions to vexing social ills, others suspect that these benefits donʼt outweigh the risk of diminished accountability and the loss of constitutional protection over public service production. We propose a new model to examine the relationships between direct government, governance, public value, and public law value. We apply this model to analyze two landmark Supreme Court cases and one contemporary federal appellate court case to explore the ongoing tension between the governance model and public service production. Our findings suggest that enforcible contract language and public-private entwinement can be used as tools to protect constitutional rights in the face of increasing pressure of governance approaches.

Knowledge of Federal EEO Law Among County Administrators and Department Heads

“…David Rosenbloom (2013) underscores the integration of managerial, political, and legal values in contemporary public administrative practice. In addition, public managers hold an important position in ensuring that public law values extend to public services that are provided by private or non-profit organizations (Rush & Zingale, 2015). Given these examples of the law’s central role in establishing and maintaining public values, it should not be surprising that the public administration literature also calls for training in the law to be a key part of a public administrators’ professional education (Rosenbloom, 1984).…”