header-logo header-logo

04 September 2009 / Krishnendu Mukherjee
Issue: 7383 / Categories: Features , Local government , Public , Constitutional law
printer mail-detail

Blurred boundaries

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll