Abstract

This paper has two starting points, one theoretical the other practical. The theoretical starting point is Ronald Dworkin's rights thesis; the practical starting point is the controversial case of Bushell v Secretary of State for the Environment. Our concern is to examine the relationship between the rights thesis and public law disputes such as Bushell. We suggest that this examination throws up some important leads as regards the development of a normative theory of adjudication for public law cases.

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