Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.571961
Title: Making sense of the public-private divide
Author: Williams, Alexander Richard
Awarding Body: Durham University
Current Institution: Durham University
Date of Award: 2013
Availability of Full Text:
Access from EThOS:
Full text unavailable from EThOS. Thesis embargoed until 27 May 2018
Access from Institution:
Abstract:
This thesis explores the public-private divide. Its primary focus is on two distinct but interlinked contexts: the amenability of bodies to judicial review in domestic law and the notion of ‘public authority’ under s 6 of the Human Rights Act 1998 (HRA). It also focuses secondarily on the notion of the governmental organisation in Strasbourg. The aim is to re-order the law in all three areas, providing an account of the law that is both doctrinally accurate and normatively defensible. The core argument is that, in both of the primary contexts, at the root of the public-private distinction lies an approach that defines ‘public’ activity as the exercise of legally-authorised coercive power. This is called the ‘LACPA’ for short. The LACPA is functional in outlook and sufficiently flexible to bring private bodies performing delegated public functions within the purview of public law. As such, this thesis challenges the orthodox view that the courts’ approach to the public-private divide is ill-equipped to deal with trends in modern governance and needs a major overhaul. Instead, fine-tuning and a better judicial appreciation of the existing law are all that is required.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.571961  DOI: Not available
Share: