New Forms of Administrative Law in Third Party Government

Abstract

This paper explores the democratic values underlying public services when they are outsourced. Building on Rosenbloom and Piotrovsky’s (2005) theoretical and empirical framework, we examine whether and how administrative law norms – that serve as central democratic governance and accountability mechanisms in the administrative state -- are extended to the new (private) frontline service providers. Through a study of the regulation of the privatized welfare-to-work program in Wisconsin, we find that new forms of administrative law are evolving in third-party government which differ from administrative law as it usually applies to public agencies in several important aspects. The study highlights the much more active role of legislative and administrative mechanisms in the promotion of these new forms of administrative law; it enables a better understanding of the transformations that administrative law norms undergo in this new structure of public governance.

Keywords: Contracting out, Privatization, New Public Management, Administrative Law, Accountability, Public Service Norms, social Services, Welfare Reform, Wisconsin Works, Democratic Governance, Regulation & Governance