Public Law Cases and the Common Law

Abstract

Abstract This chapter argues that, despite the weaknesses of common law reasoning, case law still plays an important role in UK public law. It also explains how weaknesses in common law reasoning are resolved either through developing taxonomies which apply in a rule-like manner, or through moving towards reasoning from first principles. An argument could be made that, at an abstract level, public law is more suited to reasoning from first principles rather than adopting a taxonomical approach. However, this is a weak argument. A stronger argument recognises that specific aspects of public law lend themselves to either a taxonomical or a principled approach, depending on the relative importance of certainty and accuracy; formal and substantive equality and the relative importance of the rule-maker and the rule-applier.