A study and comparison of rail privatisation and bus deregulation carried out from the perspective of public law

McKerrell, Nicholas Iain (1998) A study and comparison of rail privatisation and bus deregulation carried out from the perspective of public law. PhD thesis, University of Glasgow.

Abstract

This work aims to be part of the developing body of public law which seeks to combine empirical research with a theoretical framework. It uses the example of the privatisation of the rail network and the deregulation of the bus industry to this end. Each phenomenon is examined through both library research and direct interview. Throughout this reference is made to the overall framework of public law and the essential concept of accountability. The work concludes by drawing the two processes together and putting forward the thesis that in the sphere of public transport for public lawyers the question of public accountability cannot be separated from ownership.

Chapter 1 is an examination of public law and the theoretical assumptions behind it. It explores how the subject has developed since Dicey and the competing frameworks which now exist amongst public law academics. Chapters 2 and 3 are general studies of nationalisation and privatisation in the twentieth century. They show how using different mechanisms the British State could claim to be enhancing accountability. Chapter 2 explores the public corporation in particular and how that phenomenon coincided with the general development of the state and a system of administrative law. Equally in the following chapter it is shown how privatisation coincided with a disenchantment as to the arrangements of the state especially on the right. The contradictory rationale behind each concept is also explored.

Chapters 4 and 5 study bus deregulation. This includes a study of how bus transport was regulated, how deregulation came about and what the consequences of this were. It explores both the experience of public ownership and privatisation and how both were unsatisfactory in delivering accountability. Chapter 5 concludes with a case study of the Glasgow bus market which is seen as a microcosm for broader developments in the bus industry.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Subjects: H Social Sciences > HE Transportation and Communications; K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Prosser, Prof. Tony
• Date of Award: 1998
• Depositing User: Angi Shields
• Unique ID: glathesis:1998-3868
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 17 Jan 2013 10:06
• Last Modified: 17 Jan 2013 10:06
• URI: https://theses.gla.ac.uk/id/eprint/3868