Chapter

The privatization continuum

Daphne Barak-Erez

in Private Security, Public Order

Published in print November 2009 | ISBN: 9780199574124
Published online February 2010 | e-ISBN: 9780191721816 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199574124.003.0004
 The privatization continuum

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The use of lethal violence by private actors is often identified as a uniquely troubling aspect of the PMSC phenomenon. As this chapter demonstrates, however, our understanding will remain only partial if this is not discussed in the broader context of other privatization policies. Through the prism of domestic constitutional law, with recourse to comparative tools, the chapter analyzes the trend to privatize public functions and discusses the limitations on privatization in general and the limitations on privatization of security functions in particular. It argues that the realities of widespread privatization of public functions necessitate a rethinking of the basic principles of constitutional and administrative law beyond the mere adjustment of specific rules and doctrines.

Keywords: privatization; outsourcing; private military and security companies; PMSCs; accountability; constitutional law; administrative law

Chapter.  7307 words. 

Subjects: Human Rights and Immigration

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