Subjects:

Constitutional and Administrative Law

Contents:

1. Government by Contract

2. Internal Government by Contract

3. Controversies and Reform

4. Accountability Mechanisms

5. Accountability Analysis in Practice: NHS Contracts

6. Fitting In: Interactions between Contracts and other Accountability Mechanisms

7. Getting On: Accountability Relationships and Procedural Fairness

8. Winning Out: Making the Accountability Process Effective

9. Conclusions and Prospects

Many government bodies relate to each other through contracts: government departments and agencies; government departments and the Treasury; National Health Service (NHS) purchasers and NHS Trusts. These ""internal contracts"" are not, in general, regulated or enforced by the

This work explores the practical problems encountered by the parties to internal contracts, drawing on evidence from an empirical case study of NHS contracts. It uncovers difficulties in defining the parties' roles; in maintaining good working relationships; and in securing compliance with contractual terms. It then examines the possibility of solving these problems through law. Some commentators, particularly public lawyers, have condemned the law's failure to keep pace with the rise of ""government by contract"", but few have made specific proposals for reform.

The title develops a public law analysis of internal contracts, interpreting them as mechanisms of accountability from service providers to purchasers. It proposes norms which would help the parties to use their contracts as fair and effective mechanisms of accountability. law.