Public Private Divide 2011 - Lecture - ADMIN - 16, Lecture notes of Administrative Law

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Administrative LawAdministrative Law

Topic 16: The ‘Public / Private’Topic 16: The ‘Public / Private’ Distinction and its Importance Distinction and its Importance in Administrative Law in Administrative Law

Equitable remediesEquitable remedies  (^) injunctioninjunction  (^) declarationdeclaration

1977: change to the Rules1977: change to the Rules of the Supreme Court of the Supreme Court  (^) Order 53Order 53  (^) s.31, Supreme Court Act 1981s.31, Supreme Court Act 1981

R v. Disciplinary CommitteeR v. Disciplinary Committee of the Jockey Club, exof the Jockey Club, ex parte Aga Khan [1993] 2 Allparte Aga Khan [1993] 2 All ER 853ER 853

R v. Servite Houses, exR v. Servite Houses, ex parte Goldsmith [2001]parte Goldsmith [2001] LGR 55LGR 55

O’Reilly v. MackminO’Reilly v. Mackmin (1983)(1983)

77 thth^ Report of the JointReport of the Joint Committee on HumanCommittee on Human RightsRights

““the protection of humanthe protection of human rights is dependent not on the rights is dependent not on the type of power being exercised, type of power being exercised, nor on its capacity to interfere nor on its capacity to interfere with human rights, but on the with human rights, but on the relatively arbitrary…criterion relatively arbitrary…criterion of the body’s administrative of the body’s administrative links with….the State” links with….the State”