Cormac Mac Amhlaigh: Once More Unto the (Public/Private) Breach …: s. 6 of the Human Rights Act 1998 and the Severability Thesis
Two interesting recent blog posts dealt with the meaning of public and private under s. 6 of the Human Rights Act 1998. They were motivated by injunction proceedings in the … Continue reading
The intention of this post is a simple one: to assess the ways in which natural justice arguments have historically been raised in private law proceedings. By “natural justice” I … Continue reading
As David Mead remarks his recent UKCLG blog post on the scope of the Human Rights Act, there is ‘much more than meets the eye’ to the HRA’s hybrid public … Continue reading
Greg Weeks: What to do about private bodies with public functions?: Australia’s continued ambivalence to the Datafin principle.
A few weeks ago, two judges of the Australian High Court (French CJ and Bell J) heard an application for special leave to appeal from the decision of the Full … Continue reading
Scottish judges and textbook writers are fond of asserting the distinctive nature of judicial review in Scotland compared with England. According to Clyde and Edward, for example, (Judicial Review, 2000, … Continue reading