Privatization of Public Services and the Concept of “Public Interest”: Focusing on Mike Feintuck’s Debates after the Re-nationalization of British Railways.
- Zhou Qian
- Other Title
- 公共事業の民営化と「公益（public interest）」の概念 : イギリス鉄道事業の再「国有化」後におけるMike Feintuck 教授の議論を中心に
- コウキョウ ジギョウ ノ ミンエイカ ト 「 コウエキ(public interest)」 ノ ガイネン : イギリス テツドウ ジギョウ ノ サイ 「 コクユウカ 」 アト ニ オケル Mike Feintuck キョウジュ ノ ギロン オ チュウシン ニ
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In the UK, what kind of regulatory system is required in the area of public goods and services, and how it could be justified, has become an issue in public law as the privatization proceeds. This paper is trying to make an examination on how the concept of “public interest” has been acknowledged during the periods of privatization and re-nationalization of the British railway services, and how it has changed. As a conclusion, firstly, when privatization was highly promoted, economic elements were strongly reflected in goals linked to “public interest” concept, and consideration of democracy was inadequate. However, with the progress of privatization, the comprehension of the “public interest” concept also changed, scholars of public law has recognized the importance of “public citizenship” which could be considered as a key part of “public interest”, and the change in perception has influenced the discussions about regulation and public law since then.
一橋法学 18 (2), 99-120, 2019-07-10