Judicial Exclusivity of Public Authorities: O’Reilly and Human Right

Abstract

Based on the law of the UK, this essay examines the conflict in law with regards to individual’s right to seek redress from or initiate action against public authorities. The essay begins by reviewing the traditional right of action in era prior to 1977 and law reforms made thereafter. It then discusses the decision in O’Reilly v Mackman that changes the course of action available to the aggrieved parties. The decision spurred conflict between the common law and the statute leading to difficulties and uncertainties in subsequent cases. Despite its blatant disregard of the primary law, the O’Reilly decision remains a valid precedent. In its conclusion, this essay support that the common law shall sustain even in the light of human rights.

Keywords: Judicial Review, O'Reilly, Exclusivity, Public Authorities

JEL Classification: K41