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.
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