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Civil Justice, Privatization, and Democracy by Trevor C.W. Farrow Pdf
Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
Civil Justice, Privatization, and Democracy by Trevor C. W. Farrow Pdf
"Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice.
State-led Privatisation and the Demise of the Democratic State by Mike Raco Pdf
For decades now we have been told that we are living through a governance revolution. Gone are the days when government agencies and bureaucrats told us what to do and how to do it. We are no longer clients of the state but empowered citizens who are able to take greater control over our own lives and the activities of those who govern in our name. Across the world the prevailing narrative has become one of Good Governance, devolution, liberation, and freedom of expression. In policy fields as diverse as development planning, healthcare, and public transport a neo-pluralist rhetoric has emerged based on the principles of ’co-production’ and partnership working. And yet at the same time a curious paradox is emerging. Whilst the prevailing zeitgeist is one of openness and citizen empowerment, this book will show that in reality new modes of governance are emerging in which state controls have actually been expanded into many spheres of life that were previously left unregulated. For some a new political economy of ’regulatory capitalism’ has emerged and this, in turn, has ushered in unprecedented forms of state-led privatisation under which democratically-elected politicians have voluntarily handed over their powers, responsibilities, and resources to new corporate elites who promise to deliver services in more efficient and equitable ways. As the discussion will show, in reality the rhetoric of Good Governance has, therefore, been used to legitimate the wholesale transfer of welfare assets and services beyond the democratic control of state actors and the citizens that they represent. Privatisation has become a new utopianism that involves a revolution in ways of thinking about democracy, governance, and urban management, the implications of which will be felt by current and future generations.
Privatization by Jack Knight,Melissa Schwartzberg Pdf
The 21st century has seen a proliferation of privatization across industries in the United States, from security and the military to public transportation and infrastructure. In shifting control from the state to private actors, do we weaken or strengthen structures of governance? Do state-owned enterprises promise to be more equal and fair than their privately-owned rivals? What role can accountability measures play in mediating the effects of privatization; and what role does coercion play in the state governance and control? In this latest publication, an interdisciplinary group of distinguished scholars in political science, law, and philosophy examine the moral and political consequences of transferring state-provided or state-owned goods and services to the private sector. The essays consider how we should evaluate the decision to privatize, both with respect to the quality of outcomes that might be produced, and in terms of the effects of privatization on the core values underlying democratic decision-making. Privatization also affects the structure of governance in a variety of important ways, and these essays evaluate the consequences of privatization on the state. Privatization sheds new light on these highly salient questions of contemporary political life and institutional design.
The Politics of Greed by Andrew Harrison Schwartz Pdf
With the dissolution of the Soviet Empire, it seemed that market capitalism had triumphed and that democracy might replace authoritarian regimes. Economic reformers in the former Eastern Bloc rushed to liberalize prices and transfer state assets to private hands. They assumed that private owners in a market setting would have no choice but to behave rationally—that is, to invest in restructuring privatized enterprises so as to maximize profits. They also assumed that these owners would perceive a stable institutional environment as conducive to economic success and thus become a powerful lobby in favor of the rule of law, paving the way for democracy. The post-communist reality turned out to be very different. Private owners found that in a weak state with limited laws and regulations and ineffective corporate governance structures, it was more lucrative to steal enterprise assets and exploit opportunities for arbitrage than to restructure enterprises. The lesson learned is that not all forms of private ownership are the same. As this book's in-depth political history of privatization in Central and Eastern Europe demonstrates, the way that assets are privatized matters, both with respect to national economic performance and the successful development of the rule of law. Andrew Harrison Schwartz had unprecedented access to high-level Czech government officials during the Czech Republic's privatization process. This book is the result of the unique insights he gained and the innovative analytical framework he subsequently developed—ownership regime theory—which for the first time places ownership structures at the center of political transition analysis. Engaging and important, The Politics of Greed applies ownership regime theory to a broad range of post-communist privatization cases, including those of the Czech Republic, Poland, Hungary, Russia, and Ukraine.
Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.
Author : Dennis R. Judd,Evan McKenzie,Alba Alexander Publisher : U of Minnesota Press Page : 235 pages File Size : 48,8 Mb Release : 2021-06-22 Category : Political Science ISBN : 9781452965345
Private Metropolis by Dennis R. Judd,Evan McKenzie,Alba Alexander Pdf
Examines the complex ecology of quasi-public and privatized institutions that mobilize and administer many of the political, administrative, and fiscal resources of today’s metropolitan regions In recent decades metropolitan regions in the United States have witnessed the rise of multitudes of “shadow governments” that often supersede or replace functions traditionally associated with municipalities and other local governments inherited from the urban past. Shadow governments take many forms, ranging from billion-dollar special authorities that span entire urban regions, to public–private partnerships and special districts created to accomplish particular tasks, to privatized gated communities, to neighborhood organizations empowered to receive private and public funds. They finance and administer public services ranging from the prosaic (garbage collection and water utilities) to the transformative (economic development and infrastructure). Private Metropolis demonstrates that this complex ecosystem of local governance has compromised and even eclipsed democratic processes by moving important policy decisions out of public sight. The quasi-public institutions of urban governance generally escape the budgetary and statutory restraints imposed on traditional local governments and protect policy decisions from the limitations and vagaries of electoral politics. Moving major policy decisions into a privatized and corporatized realm facilitates efficiency and speed, but at the cost of democratic oversight. Increasingly, the urban electorate is left debating symbolic issues only tangentially connected to the actual distribution of the resources that affect people’s lives. The essays in Private Metropolis grapple with the difficult and timely questions that arise from this new ecology of governance: What are the consequences of the proliferation of special authorities, privatized governments, and public–private arrangements? Is the trade-off between democratic accountability and efficiency worth it? Has the public sector, with its messiness and inefficiencies—but also its checks and balances—ceded too much power to these new institutions? By examining such questions, this book provokes a long-overdue debate about the future of urban governance. Contributors: Douglas Cantor, California State U, Long Beach; Ellen Dannin, Pennsylvania State U; Jameson W. Doig, Princeton U; Mary Donoghue; Peter Eisinger, New School; Steven P. Erie, U of California, San Diego; Rebecca Hendrick, U of Illinois at Chicago; Sara Hinkley, U of California, Berkeley; Amanda Kass, U of Illinois at Chicago; Scott A. MacKenzie, U of California, Davis; David C. Perry, U of Illinois at Chicago; James M. Smith, U of Indiana South Bend; Shu Wang, Michigan State U; Rachel Weber, U of Illinois at Chicago.
Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just.
Privatization and Democracy in Argentina by M. Llanos Pdf
A new appraisal of the relationship between the Presidency and Congress in Argentina over the first two decades of its democratic regime. Mariana Llanos uses the processes of privatization and state reform in Argentina to re-assess the performance, functions and stature of these institutions as the country embarked on the programme of change. A valuable contribution to the debate on the development of political institutions in Latin America.
A distinguished group of scholars explore the moral values and political consequences of privatization The 21st century has seen a proliferation of privatization across industries in the United States, from security and the military to public transportation and infrastructure. In shifting control from the state to private actors, do we weaken or strengthen structures of governance? Do state-owned enterprises promise to be more equal and fair than their privately-owned rivals? What role can accountability measures play in mediating the effects of privatization; and what role does coercion play in the state governance and control? In this latest installment from the NOMOS series, an interdisciplinary group of distinguished scholars in political science, law, and philosophy examine the moral and political consequences of transferring state-provided or state-owned goods and services to the private sector. The essays consider how we should evaluate the decision to privatize, both with respect to the quality of outcomes that might be produced, and in terms of the effects of privatization on the core values underlying democratic decision-making. Privatization also affects the structure of governance in a variety of important ways, and these essays evaluate the consequences of privatization on the state. Privatization sheds new light on these highly salient questions of contemporary political life and institutional design.
Partnership for Democratic Governance Contracting Out Government Functions and Services Emerging Lessons from Post-Conflict and Fragile Situations by OECD,African Development Bank Pdf
The second volume of the Partnership for Democratic Governance Series investigates whether ‘contracting out’ core government functions and services has been conducive to capacity development. Case studies discusses the evidence and emerging lessons of contracting out.
Private Actors and Security Governance by Alan Bryden,Marina Caparini Pdf
The privatization of security understood as both the top-down decision to outsource military and security-related tasks to private firms and the bottom-up activities of armed non-state actors such as rebel opposition groups, insurgents, militias, and warlord factions has implications for the state's monopoly on the legitimate use of force. Both top-down and bottom-up privatization have significant consequences for effective, democratically accountable security sector governance as well as on opportunities for security sector reform across a range of different reform contexts. This volume situates security privatization within a broader policy framework, considers several relevant national and regional contexts, and analyzes different modes of regulation and control relating to a phenomenon with deep historical roots but also strong links to more recent trends of globalization and transnationalization. Alan Bryden is deputy head of research at the Geneva Centre for the Democratic Control of Armed Forces (DCAF). Marina Caparini is senior research fellow at the Geneva Centre for the Democratic Control of Armed Forces (DCAF).
In Government We Trust by Warwick N. Funnell,Robert Jupe,Jane Andrew Pdf
An examination of privatisation failures in Western liberal democracies and the ways in which they have exposed communities and governments to social, economic and political instability.
Partnership for Democratic Governance Contracting Out Government Functions and Services Emerging Lessons from Post-Conflict and Fragile Situations by OECD,African Development Bank Pdf
The second volume of the Partnership for Democratic Governance Series investigates whether ‘contracting out’ core government functions and services has been conducive to capacity development. Case studies discusses the evidence and emerging lessons of contracting out.
Government and Markets by H.J. Blommestein,B. Steunenberg Pdf
Government and Markets is the first book to tackle systematically and in a multidisciplinary fashion the role of democratic governments during and after the transition from plan to market. The role of governments during the transformation is important for eliminating the obstacles and putting into place the conditions for the emergence of a viable market economy. Moreover, governments need to play a key role in establishing a political-legal order that promotes political liberties and economic freedom. In contrast to other literature on the transformation process in formerly planned systems, this volume focuses also on the creation of autonomous and accountable governments as part of the liberal economic order. Finally, the volume analyzes the role of the legal state in creating a competitive market economy. Government and Markets addresses itself to scholars, politicians policy makers interested in the establishment of a democratic, competitive order in formerly planned political economic systems.
