What is Public Law?

Public Law is the set of legal rules which ensure that bodies carrying out public functions:

• Discharge their legal duties
• Do not abuse or exceed their powers
• Do not breach human rights law

The difference between you and a public body – you can do what you like unless it is illegal; a public body can only do what it is legally allowed to do. The way in which the courts look at public law differs from private law. We are used to the courts deciding, in a private law case such as a contract dispute, who is in the right and who must pay up. In a public law case, the courts will only look at how public bodies behave and whether the court should intervene to correct this behaviour.

There is also a difference in the way private and public law cases are brought to court. In a private law case, there are specific requirements as to who can bring the case, e.g. the claimant must be party to the contract or a person injured in an accident. In a public law case, anyone with sufficient interest (i.e. anyone affected by the decision, action or failure) can bring the case. Many problems will arise because public bodies thing that they can do what they like; they do not realise that they must have the power to do something and must only operate within the principles of public law.

These have evolved due to the courts; concerns about public bodies’ behaviour; public law provides a check on the power and actions of public bodies.

Example

In a public law case about whether it was right for a council to stop funding a community centre, the court will look at the decision-making process and decide whether it was fair, open and transparent. In a private law dispute about the contractual terms of how the community centre was funded, the court will look at the terms of the contract and whether these have been breached or complied with.

The following worksheets are based on the materials produced by the Public Law Project and NAVCA Empowering the Voluntary Sector programme. Use them to introduce yourself to public law and contact Waveney Community Forum if you would like to know more or need support.

Public Bodies and Public Functions

The principles of public law only apply to public bodies READ MORE>>>

Duties and Powers

Public bodies can only do what they are legally allowed to do READ MORE>>>

Legislation, Regulations and Guidance

Public bodies’ duties and powers often come from Acts of Parliament, but the way they behave is often covered by guidance READ MORE>>>

Public Law Wrongs

What must a public body have done to act unlawfully so that its behaviour can be successfully challenged READ MORE>>>

Public Law Wrongs Check List

READ MORE>>>

Making a Challenge

Decisions, actions and failures to act by a public body

Information gathering and problem analysis READ MORE>>>

Public Law Remedies

Compare your options READ MORE>>>

Complaints READ MORE>>>

The Compact READ MORE>>>

Ombudsman schemes READ MORE>>>

Judicial Review READ MORE>>>

Other Specific Duties Required of Public Bodies

This section provides a summary of a public body’s duties under the Race Relations Act 1976 (as amended by the Race Relations Amendment) Act 2000) READ MORE>>>

& Public Bodies duties under the Disability Discrimination Act 1996 (inserted by the DDA 2005) READ MORE>>>

Legitimate Expectation – what can it do for you

Making a promise the public cannot keep has become an area of focus for public law over recent years. There are various ways, an organisation can be led to believe a decision has been made or expectations raised in such a way as the organisation takes risks or decisions using this information. If the expectations cannot be met or circumstances change and this adversely affects an organisation, their may be a case to answer
READ MORE>>>

Positive Tactics

There is nothing to stop you lobbying, using the media or service users and local support in a positive way to achieve and influence changes. READ MORE>>>

EU Procurement Guidance

Public law and EU Procurement Guidance fact sheet READ MORE>>>