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Chapter

Cover Administrative Law

15. Liability of Public Authorities  

Mark Elliott and Jason Varuhas

This chapter examines the nature and operation of the liability of public authorities, with particular emphasis on the tensions between the equality principle, a concern that authorities ought to be specially protected, and a concern that authorities ought to be subject to wider and more onerous obligations. The chapter first considers the relationship of public authority liability with judicial review and goes on to discuss the law of torts, especially the tort of negligence and what circumstances courts ought to impose negligence liability on public authorities for harm caused through exercises of statutory discretion. It then explores negligence liability in relation to omissions, human rights, and misfeasance in public office. It also reviews damages under the Human Rights Act 1998, contracts, restitution, and state liability in European Union law.

Chapter

Cover Administrative Law

15. Contracts  

Contracts are used to structure the legal relationship between government and private service providers. Contract also forms a new model both for relationships between public agencies and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.

Chapter

Cover Constitutional Law, Administrative Law, and Human Rights

1. Defining the Constitution?  

This chapter identifies evaluative criteria that readers may wish to keep in mind when considering the description and analysis of the United Kingdom’s current constitutional arrangements presented in the rest of the book. The chapter begins by exploring what we might regard from a contemporary perspective as the essential features of the governmental systems adopted in a ‘democratic’ state. In order to illustrate the very contested nature of this concept of ‘democracy’, the chapter presents and analyses several hypothetical examples of what we might (or might not) regard as acceptable forms of governance, and explores the the notion of a country’s constitution being properly described as as a social and political contract formulated by its citizens. The chapter concludes by examining briefly the solutions adopted by the American revolutionaries to resolve the constitutional difficulties they faced when the United States became an independent country.

Chapter

Cover Essential Cases: Public Law

YL v Birmingham City Council [2007] UKHL 27, House of Lords  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in YL v Birmingham City Council [2007] UKHL 27, House of Lords. This case is concerned with the identification of public bodies and public functions under s. 6(3)(b) of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division)  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

YL v Birmingham City Council [2007] UKHL 27, House of Lords  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in YL v Birmingham City Council [2007] UKHL 27, House of Lords. This case is concerned with the identification of public bodies and public functions under s. 6(3)(b) of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division)  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Administrative Law

21. Crown Proceedings  

Sir William Wade and Christopher Forsyth

This chapter discusses the liability of the Crown itself. ‘The Crown’ refers to the sovereign acting in a public or official capacity. The passage of the Crown Proceedings Act 1947 placed the Crown, in principle, in the position of an ordinary employer and of an ordinary litigant. The law as it now stands under the Act may be divided under four headings: tort, contract, remedies and procedure, and statutes affecting the Crown.

Chapter

Cover Wade & Forsyth's Administrative Law

21. Crown Proceedings  

Sir William Wade, Christopher Forsyth, and Julian Ghosh

This chapter discusses the liability of the Crown itself. ‘The Crown’ refers to the sovereign acting in a public or official capacity. The passage of the Crown Proceedings Act 1947 placed the Crown, in principle, in the position of an ordinary employer and of an ordinary litigant. The law as it now stands under the Act may be divided under four headings: tort, contract, remedies and procedure and statutes affecting the Crown.