Full Description
This book develops an understanding of how the public-private distinction operates in judicial review and freedom of information laws in England and India, and examines how the distinction may affect public law accountability for Public-Private Partnerships. Drawing on experiences from England, it examines some of the public law concerns that arise from the participation of the private sector in the provision of public sector services. The comparative approach sheds light not just on the similarities, but on some important differences in the working of the public-private distinction across the two mechanisms of judicial review and freedom of information laws, and across the two jurisdictions. Since differences in drawing those distinctions may lead to different outcomes for the amenability of entities to public law, the research will be helpful in expounding and predicting the working of the public-private distinction. Scholarship on administrative law from the Global South has hitherto been limited and this comparative study presents a valuable contribution towards addressing this gap. The book will be of interest to practitioners, academics, researchers and policy-makers working in the areas of Comparative Law, Public Law and Administrative Law.
Contents
Foreword (by Justice L. Nageswara Rao). 1. Introduction 2. Judicial Review of Administrative Actions in India: Amenability of PPPs 3. Judicial Review of Administrative Actions in England: Amenability of PPPs 4. The Determinants of Amenability to Judicial Review: A Comparison 5. PPPs and Right to Information Laws in India 6. PPPs and Freedom of Information Laws in England 7. The Determinants of Amenability to FOI Laws: A Comparison 8. PPPs, the Shifting Conception of Publicness, and Beyond.
