Is Public Law still public? asks Krishnendu Mukherjee
At a time when the government has heavily invested in the private sector, while at the same time disinvesting itself of many of its governmental functions, the public/private distinction has become increasingly blurred. This changing environment is providing lawyers with opportunities to explore the limits of the public law in previously untested ways.
Traditionally public law is understood as the law governing the public acts of the state or government, which have a wider public effect, as opposed to merely affecting a private individual. Consequently, the administrative actions of such public authorities are amenable to legal control through judicial review. However, recent legal challenges indicate that this established view of public law is being undermined through an attempt to re-define what bodies and which actions may be challenged.
Examination
The case of London and Quadrant Housing Trust v R on the application of Weaver [2009] EWCA Civ 587 examined both these questions. Susan Weaver was an assured tenant of London and Quadrant Housing Trust, a registered social landlord (RSL). RSLs seek to
