01603pab a2200145 454500008004000000100001700040245005600057260000900113300001300122362000800135520124700143650001801390650001401408773003501422180718b2011   xxu||||| |||| 00| 0 eng d  aHoehn, Felix  aPrivatisation and the boundaries of judicial review  c2011  ap.73-95.  aMar  aCan a public authority avoid public law requirements, such as obligation to act fairly, b y "contracting out" the performance of its functions? In Societe de I'assurance automobile du Quebec v. Cyr, the Supreme Court of Canada said "no", but it did not explain how far the Court will move the boundaries of judicial review to adapt to the growth of the private role in governance. However, there is reason to believe that the Court is moving towards a functional approach in defining state power and the location of the boundary between public and private law. This promises to be more coherent and effective than the piecemeal functional approaches that have emerged in the United States and the United Kingdom. A functional approach will prevent the lines of legal accountability to Parliament, the legislatures, the electorate and the courts from being severed by a contract between a public authority and a private party. At the same time, the emerging functional approach accepts that public law remedies should generally not be available if private law offers an adequate remedy or if applying public law would generate disproportionate costs to efficiency or would damage other public law objectives or private interests. - Reproduced.  aPrivatisation  aJudiciary  aCanadian Public Administration