An Introduction to Law

Among the topics and themes discussed so far has been the increase in state intervention in almost all sectors of social and economic life over the past 100 years or so: the growth of the welfare state, with the accompanying expansion of machinery for dispute prevention and solution through administrative tribunals and other bodies; the vast increase in legal controls over many activities which, in earlier times, were left to the private arrangements of the individuals and groups concerned; and the changing nature of the state itself, which has moved from a relatively non-interventionist stance to much more positive and direct regulation and control. In recent years, central government has sought to deregulate, and to return nationalised and public-sector industries and services to the private sector; but, paradoxically, in so far as this has been achieved, it has been done largely by placing considerable directive power in the hands of central government.

Private sector involvement in the provision of public services has blurred the distinction between ‘public’ and ‘private’ sector organisations and functions: what were previously regarded as the proper activities of the state have now often become the responsibilities of private companies – examples range from the privatisation of ‘public utilities’ such as the power and telecommunications industries, to the contracting-out to private companies of various aspects of the management of hospitals, schools and even prisons.

The reasons for this shift in the old notion of ‘public service’ are easily identified. Apart from ideological justifications based on the idea of ‘empowering the tax-paying citizen’ through enhancing the transparency and accountability of the operation of these services, the attempt has been made over the past twenty-five years or so to improve their efficiency. Usually, ‘regulators’ have been created to monitor and, to a certain extent, to control, the activities of the private organisations concerned. Thus, the communications industries are overseen by the Offices of Telecommunication (OFCOM), water services by OFWAT and so on.