Common Values and the Public-Private Divide
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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.
Preface; 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.
