Equity in the modern administrative state

Abstract

The focus of this chapter is not so much upon equitable doctrine in private law as upon equitable remedies, particularly the injunction and declaration, and their use in what might be called the ‘public law’ of the United Kingdom, the United States, Canada and Australia.

Attention first is given to the relationship between constitutional law and public or administrative law and the differing dimensions this provides for the application of equitable remedies. Consideration then is given to the advantages of equitable remedies, the need for an ‘equity’ to attract intervention, the position of the Crown, and the unconscientious exercise of statutory power as attracting equitable remedies.