Looking for an inspection copy?
This title is not currently available on inspection
This 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.
Not yet reviewed
Be the first to review
Review was not posted due to profanity×
- Date Published: August 1999
- format: Paperback
- isbn: 9780521605991
- length: 348 pages
- dimensions: 216 x 140 x 20 mm
- weight: 0.44kg
- availability: Available
Table of Contents
Table of statutes
List of cases
1. Public law, private law: problematic concepts
2. Democracy, power and its control
3. The values of public and private law
4. Public law 1: O'Reilly v Mackman
5. Public law 2: interests, power and democracy
6. The law of relationships 1: the individual and the State, and the employment relationship
7. The law of relationships 2: family relationships
8. Private law 1: tort, contract and equity
9. Private law 2: public policy and the public private divide
10. The Human Rights Act, Europe and the public private divide
11. 'There is no public/private divide'
12. Towards democracy and citizenship in public and private law annex
A comparison: the Scottish approach.
Sorry, this resource is locked
Please register or sign in to request access. If you are having problems accessing these resources please email email@example.comRegister Sign in
You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.Continue ×