Rethinking Public Law under Governance Reforms: From Privatisation to Hybridity-
In: Benish, A. (2023) "Rethinking public law under governance reforms: from privatisation to hybridity", Public Law, pp. 231-239.
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In: Benish, A. (2023) "Rethinking public law under governance reforms: from privatisation to hybridity", Public Law, pp. 231-239.
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In: Gal, J. & Shavit-Madela (Eds.), The right to good welfare: a master plan for the welfare system in Israel
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In: The annals of the American Academy of Political and Social Science, Band 691, Heft 1, S. 295-310
ISSN: 1552-3349
The delivery of public services increasingly operates under hybrid accountability regimes, but we have much to learn about how these regimes interrelate. I develop a framework for systematic analysis of hybrid public, market, and professional accountability arrangements, looking at the compatibility of their content, steering mechanisms, and relationships. The analysis is informed and illustrated by empirical studies on accountability in welfare state services, which offer evidence on hybrid accountability arrangements. The article concludes by discussing the interplay between accountability regimes and the conditions in which they undermine or reinforce each other. I argue that compatibility between regimes depends on the content of accountability rather than on the accountability mechanisms, and I highlight the importance of the trust between the parties entering into accountability relations and the proximity of their institutional logics.
In: Forthcoming in Annals of the American Academy of Political and Social Sciences
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In: Law & policy, Band 36, Heft 2, S. 113-133
ISSN: 1467-9930
This study explores what happens to administrative justice and to the acceptability of frontline decisions in privatized and marketized models of service. Through the case study of privatized welfare‐to‐work in Israel, it shows the fundamental tension between outsourced discretion and traditional conceptions of administrative justice in which the trustworthiness of decisions relies on the idea that decision makers have no personal interest in the outcome of their decisions. It finds that in the Israeli case, contractors' financial interests were widely perceived as putting their professionals into a conflict of interest, thereby undermining trust in their decisions. At the same time, the study finds the program's managerial performance mechanisms did not provide an alternative legitimacy argument for the acceptability of decisions. The study also analyzes the ways policy makers reconstructed the decision‐making systems to regain public acceptance of frontline decisions, while discussing both the potential and the limits of legitimizing outsourced discretion in such complex public services.
In: Social Policy and Administration, Band 42, Heft 2
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In: Social policy & administration: an international journal of policy and research, Band 48, Heft 2, S. 262-277
ISSN: 0037-7643, 0144-5596
In: Law & Policy, Band 36, Heft 2, S. 113-133
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In: Social service review: SSR, Band 84, Heft 1, S. 77-101
ISSN: 1537-5404
In: Hebrew University Law Review (Mishpatim) 38: 283, (2008)
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In: Avishai Benish (2005) "Implementation of the 'Wisconsin Program' in Israel – Legal Aspects" Work, Society and Law 11: 121. (Hebrew)
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In: Social policy and administration
ISSN: 1467-9515
AbstractThis article examines the regulation–participation nexus in social care services. Participatory forms of social care regulation have been expanding over the past 20 years, but the literature on this trend remains scarce. To fill this gap, we developed an analytical framework for classifying participatory regulation methods. This framework is based on two axes, one drawn from the literature on regulation (the regulatory tasks), and the other from the literature on service user participation (the levels of participation). Using this framework and combining a systematic review of the literature with a case study of the Care Quality Commission in England, we identified and classified 12 participatory methods in three main regulatory tasks (monitoring, standard setting and enforcement). Our classification shows most of the participatory methods are concentrated in monitoring tasks, less in standard setting and least of all in regulatory enforcement. It also highlights the uniqueness of the goals and logics of participation in the regulatory context and the tendency towards the instrumental aspect of information gathering rather than the political aspect of participation. The article concludes by explaining our findings and suggesting future directions in developing the research agenda on the regulatory‐participation nexus.
In: Avishai Benish and Jerome Pélisse (2022) 'Administrative justice in the private sector,' in: Tomlinson, J., Thomas, R., Hertogh, M. & Kirkham, R. (Eds.), The Oxford handbook of administrative justice. Oxford: Oxford University Press.
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In: Public management review, Band 24, Heft 11, S. 1758-1778
ISSN: 1471-9045
In: Asa Maron & Avishai Benish (2022) Power and conflict in network governance: exclusive and inclusive forms of network administrative organizations, Public Management Review, 24:11, 1758-1778, DOI: 10.1080/14719037.2021.1930121
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