Having characterized the form these measures assume, and illustrated the experience with their use in the three case studies, this chapter now draws out some of the sources of resistance they have met in Australia. It discusses first some of the limitations which the case studies reveal in their capacity to elicit the sort of innovative response they desire from the private sector. It then identifies the kinds of criticisms they attract and in particular the concerns about favouritism and capture by sectional interests, and the tensions which develop with the more established roles of government. The chapter considers particularly how opposition to the approach may find expression in the law, the attitude of the courts being treated as a litmus test for the possible reassertion of liberal legality over the policy space. It notes the opportunities the courts provide for review of the legality of administrative decisions, pursuing the example of the judicial review of the award of public contracts. It also looks at the claims made in the legislatures to render decision-making in the space accountable.

LIMITATIONS AND OBJECTIONS

LACK OF IMPACT

In the first place, we should note that the incentives offered by government in Australia have not necessarily been influential enough to bring about the desired changes in behaviour from their target groups. In terms of the overall operating costs of the firms concerned, even in the total round of government expenditures, the amounts given over to the positive adjustment measures have often seemed small.