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Public Law and Private Law

In: Business and Management

Submitted By lynnlynet
Words 5691
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‘The conventional division of private and public law is to some extent a false dichotomy’. Discuss.

The aim of this essay is to discuss the conventional division of private and public law is to some extent a false dichotomy. In order to achieve this aim it is necessary to inform that the writer, will examine the Children Act 1989 (CA 1989), giving examples of case law. This will include a brief background of implementation of private and public law into the Act. The next section will identify the similarities and differences in private and public law cases by comparing and contrasting case law. The current regulatory legal framework for contact issues in the public and private law context will be discussed by evaluating how the children’s views are considered.

Further in the section the children’s representation in the public and private law arena will be touched on considering the United Nations Convention on Rights of the Child 1990 (UNCRC 1990), implications of the Human Rights Act 1998 (HRA 1998), and the incorporation of the of the European Convention on Human Rights (ECHR) bearing in mind that the Children Act was outlined with a consideration to the convention.

Throughout the chapters I will refer to relevant case law, statute, drawing attention to how both private and public law cases can have elements of both private and public law and amalgamation of some cases. There will be a brief discussion to address the different treatment of parties mainly kinship carers within the public and private division and if this could be considered as discriminatory. The discussion will conclude by evaluating the current legal position as to whether there are problems within the division, if it is achieving its intended purpose, whether there are better approaches to make change if necessary or it is a false dichotomy to some extent?

The basic legal framework...

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