Managing Correctional Market: Constitutional Limitations on Privatization of Government Functions
Izvleček
This article explores constitutional limitations on blatant Priva-tization drive functioning across the world—including India. A concern is raised as to the effect of diminishing governmental control, particularly with respect to the dichotomy between pri-vate and public property. It is suggested that in a democratic func-tioning, unlike the market, is an arena for explicitly articulating, criticizing, and conforming preferences and the same needs to be preserved through constitutional means. Privatization weak-ens this public space—the space for information, deliberation, and most importantly accountability. These are elements of democra-cy whose value is not reducible to efficiency. The article explains how State as a constitutional entity must retain the power to en-force the law.
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