This chapter applies Bottomley’s corporate constitutional framework to Carillion’s governance, contrasting it with the contractual approach. It examines the internal arrangements, including the roles of shareholders, directors, managers, auditors, and whistleblowers as strategic players in power networks, and the external regulatory system. Through a hypothetical analysis, the chapter explores how a corporate constitutional approach could strengthen checks and balances, detect and prevent failures, and address systemic weaknesses revealed by Carillion’s collapse.

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Hypothetical Application of Corporate Constitutionalism to Carillion

  • Yifei Yang

摘要

This chapter applies Bottomley’s corporate constitutional framework to Carillion’s governance, contrasting it with the contractual approach. It examines the internal arrangements, including the roles of shareholders, directors, managers, auditors, and whistleblowers as strategic players in power networks, and the external regulatory system. Through a hypothetical analysis, the chapter explores how a corporate constitutional approach could strengthen checks and balances, detect and prevent failures, and address systemic weaknesses revealed by Carillion’s collapse.