C/L/10. Why is the distinction between public and private bodies so important in administrative law and how easy is it to draw that distinction. Discuss.
(2004, 2000 words)
Conclusion: In conclusion it is fair to say that in relation to the administrative proceedings themselves, the separation between public and private laws and bodies is important only in as much as, it is useful to keep the whole process of judicial review neater and faster. The division is more important for those who, like Dicey, oppose 'rigid distinction' and those, Lord Diplock, support it. The Courts are meanwhile struggling in determining whether the body is private or public because, as the case law shows, it is very difficult to apply a what seems to be at first an easy test of 'analogous powers to that of the governmental body'.
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