Legitimacy of economic activity by local public entity
Project/Area Number |
20730029
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Research Category |
Grant-in-Aid for Young Scientists (B)
|
Allocation Type | Single-year Grants |
Research Field |
Public law
|
Research Institution | Kwansei Gakuin University |
Principal Investigator |
NODA Takashi Kwansei Gakuin University, 法学部, 准教授 (00351437)
|
Project Period (FY) |
2008 – 2009
|
Project Status |
Completed (Fiscal Year 2009)
|
Budget Amount *help |
¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2009: ¥390,000 (Direct Cost: ¥300,000、Indirect Cost: ¥90,000)
Fiscal Year 2008: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
|
Keywords | 調達 / 契約の自由 / 付随的目的 / 競争秩序 / 調達制度 / 公益目的 / 最小費用最大効果原則 / 必要最小費用原則 / 経済性 / 行政決定の民主性 / 公法学 / 行政法学 / 地方公共団体 / 経済活動 / 営利的活動 / 公共契約 |
Research Abstract |
Government contract is a means to procure goods and services needed for policy implementation, but often the proposed contract will be used as a means to achieve policy objectives unrelated. However, to use such contracts, the government may increase the procurement price. So if the use of government contracts as a means of policy is allowed or not, is the question. Freedom of contract cannot be justification, because the state does not enjoy the freedom of contract. The government contract is not a public activity, but a public activity. From that point, the use of government contracts as a policy instrument can be supported. On the other hand, it also raised the participation of state in market and the use of government contracts as a means of policy implementation could interfere with normal competitive market. Relationship between these two elements is to be resolved with the state-economy relations.
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Report
(3 results)
Research Products
(7 results)