Common Values and the Public-Private DivideThis text is a critical study of the public/private law divide in the common law tradition. Professor Oliver's starting point is that special substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging what are considered 'private' functions. She questions the validity of the traditional dichotomy, and proposes new criteria for imposing such duties in accordance with underlying values, including the control of power and respect for the individual's autonomy and dignity. Written by a leading law academic, this is an important and original contribution to public law literature, providing an informed and considered overview for legal academics and students. |
Contents
Chapter | 1 |
The publicprivate divide in English law | 9 |
The publicprivate divide in civil law systems | 16 |
public law private law and the imposition | 22 |
The next steps | 29 |
Chapter | 31 |
Power powers and the justifications for judicial review | 37 |
The development of the common law jurisdiction to control exercises | 47 |
Comments | 164 |
trusts | 187 |
Company law | 194 |
Conclusions | 199 |
Other controls on private power | 206 |
Duties of consideration in private law | 216 |
Conclusion | 223 |
The European Convention on Human Rights and | 232 |
The ultra vires rule reconsidered | 53 |
The five key values | 60 |
Chapter Four | 71 |
Underlying values and procedural exclusivity | 77 |
regulatory bodies in sport | 88 |
Chapter Five | 94 |
European influences in English public law | 117 |
Chapter | 123 |
Comments and comparisons | 145 |
Chapter Seven | 147 |
Parents and children | 158 |
The Human Rights Act and the publicprivate divide | 238 |
how far can you go? | 241 |
Chapter Eleven | 248 |
Integrating the public and private law of remedies | 255 |
The application for judicial review | 262 |
Values | 268 |
Annex | 275 |
| 289 | |
| 305 | |
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Common terms and phrases
action Administrative Law altruism application for judicial autonomy award breach certiorari citizenship common law company law considerate altruism considerate decision contract Convention rights Council courts damages decision maker democracy democratic developed dignity discretion discrimination discussion in chapter duties of considerate duties of fairness effect employees employment relationship entitled equity European exercise of power Factortame fairness and rationality freedom functions Human Rights Act injunction instance interests of individuals judicial review key values legislation liability London Borough Lord Lord Diplock natural justice Parliament parties plaintiff political position prerogative writs principles private bodies private law protection public and private public bodies public interest public law public or governmental public policy public-private divide regulation relation remedies requirements respect restraint of trade status and security statutory substantive supervisory jurisdiction theory tort trust ultra vires United Kingdom Woolf and Jowell