Comparative Administrative Law
Show Less

Comparative Administrative Law

Edited by Susan Rose-Ackerman and Peter L. Lindseth

This research handbook is a comprehensive overview of the field of comparative administrative law. The specially commissioned chapters in this landmark volume represent a broad, multi-method approach combining perspectives from history and social science with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 29: Three Questions of Privatization

Daphne Barak-Erez


Daphne Barak-Erez* Privatization cuts through borders and cultures and is driven by a complex set of factors, partly ideological and partly economic. It can lead to new forms of government action and should therefore be a major focus of public law, both constitutional and administrative.1 Privatization decisions are policy choices, but these choices also have legal relevance. Its opposite, nationalization, has always been discussed not only as a matter of public policy but also as a matter of law, due to its impact on property rights. This understanding should serve as a catalyst for further study of the public law of privatization. The current financial crisis has reinvigorated discussion of nationalization initiatives in the form of bailout programs or partial government takeovers. Nevertheless, nationalization is still perceived as an exception, which retains as its long-term goal a return to private ownership. The current crisis is yet another illuminating example of the importance of regulating private activities, a central issue to any discussion of the public law of privatization. Legal scholarship has already begun discussing the implications of privatization for public law but, so far, without offering a general framework for analysis. By contrast, I argue that, rather than meriting some merely doctrinal adjustments, privatization is a fundamental process that calls for the re-evaluation of public law, leading to the development of a new sub-area focusing on the public law of privatization.2 This chapter offers an initial outline of a public law of privatization. Specifically, it presents a model for analyzing...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.