In general, services are usually provided for citizens by the government. However, in instances where the government cannot effectively or profitably offer such services, the government shifts to private enterprises. Privatization arises. Policies relating to privatization have now dominated countries, prompted by different factors, including ideological and economic. In most countries, privatization is a way of securing government action. As such, it should be considered a primary focus for public law, including constitutional and administrative law. Privatization is part of public policy, however, it is important to promote an understanding of the relevance of laws to its framework. In addition, nationalization is considered the other side of privatization, which has often been understood in relation to public policy and law.
Such conceptualization must have a significant impact on further study, especially on what is not sufficiently understood about privatization. Privatization is very important despite the known benefits and preferences for nationalization, especially where the economic crisis has such a significant impact on the global economy and the operation of businesses and services. More importantly, privatization programs in many cases faced several problems and obstacles that reflect negatively the results of these programs.
Therefore, it is important to study and analyze the reasons behind the failure of those programs. Besides, the importance of this research derives from the importance of the positive effects that can result from the successful application of privatization programs, either on the privatized industries or on the overall economic performance of the country. With this understanding in mind, this paper will examine the legal aspects of privatization, including its background, history, strategies, and implications.
Also, the paper will explore some experiences in privatization as well as the legal analysis of its application in the United States. As a final section, a discussion of the reasons behind the failure of privatization in the United States shall be provided in this research with some suggested solutions for a successful application of privatization.
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