Retaining public value and public law value in outsourcing. Issue 1 (1st March 2015)

• Record Type: Journal Article
• Authors: Rush, Christine L.; Zingale, Nicholas C.
• Is Part Of: International journal of organization theory and behavior. Volume 18:Issue 1(2015)
• Page Start: 105
• Page End: 132
• Publication Date: 2015-03-01
• Subjects: Organization -- Periodicals; Industrial organization (Economic theory) -- Periodicals; Organizational behavior -- Periodicals; Organization; Industrial organization (Economic theory); Organizational behavior; Organizational Studies; Electronic journals; Periodicals; 658.1
• DOI: 10.1108/IJOTB-18-01-2015-B006
• Languages: English
• ISSNs: 1093-4537

Abstract

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.