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Question: Discuss the impact of the House of Lords decision in O'Reilly v Mackman [1983] 2AC 237 on English administrative law.
Answer: The case of O\'Reilly v Mackman1, caused many to start a debate on the nature of private and public law. In this case many prisoners had alleged that the visitors board had acted unfairly and breached the rules of justice. The prisoners did not use the judicial review procedure, and so the House of Lords (now known as the Supreme Court) decided that this was abusing the court process. There is the Rules of Supreme Court, order 532, which are specifically set up to handle situations of public interest. The decisions of Public authorities are protected from any criticisms without merit or any attacks that may be unfair. This gave the immediate affect of public interest priority over private law. Therefore the case of O\'Reilly v Mackman, brought forward two major points which are yet asked ......(short extract)
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Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 1246 | References: Yes | Date written: September, 2010 | Date submitted: July 07, 2011 | Coursework ID: 693
