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International Journal of Law and Management: Judicial exclusivity in actions against public authorities: civil procedure rule, O’Reilly and human rights
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Abstract
Purpose – This paper aims to provide an account of the legal development concerning civilian right to
pursue legal action against public authorities. Review includes historical recap of the state of law practiced
prior to 1977 and the decision in the case of O’Reilly that forcefully limit individual’s right to bring action.
Despite its blatant disregard of the relevant statute, the O’Reilly decision remains a valid precedent. The essay
then considers subsequent law reform and the effect of the Human Rights Act 1998 in limiting the
applicability of the O’Reilly principle. The essay aims to benefit law students and non-legal lay person.
Design/methodology/approach – The paper adopts a hermeneutics positivism approach in considering
relevant case laws that is precedent to the matter under discussion. Thereupon, an interpretivism approach is
applied to examine subsequent reforms and its impact on civilian right to seek justice.
Findings – Judicial exclusivity restrains right to seek justice, but is it not totally discredited due to public
policy. UK membership in the EU is an obstacle to judicial sovereignty, but it is also an avenue to dilute
exclusivity.
Social implications – This paper is presented in a simple easy-to-understand form that enable lay-person
to understand the current state of law in matters concerning public law violation by public authorities and
avenues available to them.
Originality/value – The paper contributes to reinforce understanding on the conflict between common
law and statute, and current state of law concerning individual’s right to access to the court of law in cases
related to public laws and public authorities.
May Yee Ng - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2020
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
May Yee Ng. (2020).International Journal of Law and Management:
Judicial exclusivity in actions
against public authorities: civil
procedure rule, O’Reilly and
human rights.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd