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This book casts a spotlight on a vital but poorly understood feature of the political process: the functioning within government of the public law rules that define and constrain it. Drawing on rich source material--one local authority's involvement in the epic central/local confrontation over local government spending in 1980s England--the book develops a multifaceted, timeless and widely applicable analysis of public law within government as a process of "sustaining the art of the possible."
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Public Law within Government Sustaining the Art of the Possible T.P.B. Rattenbury Public Law within Government This page intentionally left blank Public Law within Government Sustaining the Art of the Possible T. P. B. Rattenbury © Timothy Rattenbury 2008 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2008 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 13: 978–0–230–55302–6 hardback ISBN 10: 0–230–55302–8 hardback This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Rattenbury, T. P. B., 1952– Public law within government : sustaining the art of the possible / T. P. B. Rattenbury. p. cm. Includes bibliographical references and index. ISBN 0–230–55302–8 (alk. paper) 1. Public law–Great Britain. 2. Administrative law–Great Britain. 3. Local finance–Law and legislation–Great Britain. 4. Public law. 5. Administrative law. 6. Local finance–Law and legislation. I. Title. KD3930.R38 2008 342.41–dc22 10 17 9 16 8 15 7 14 6 13 2007052979 5 12 4 11 3 10 2 09 1 08 Printed and bound in Great Britain by CPI Antony Rowe, Chippenham and Eastbourne To Diana, with love and enormous appreciation. To Jay and Carrie, with love. And to the countless public officials, elected and unelected, who do their honest best. This page intentionally left blank Contents Preface xi Chapter 1 Introduction 1 Chapter 2 The Ultra Vires Rule: Its Substance and Significance A. What? B. Why? C. Who? D. How? E. From law to practice 17 20 31 35 38 42 Chapter 3 Out With the Old: The 1980 Budget A. Setting the scene B. Strategies of restraint C. The shape of things to come D. Rents and rates, the old way E. Confronting penalties 47 48 49 50 51 54 Chapter 4 In With the New: The 1981