ABSTRACT

We generally think of ‘law’ as the sum total of the rules governing individual and group behaviour that are enforceable in court. Primarily this means European law statutes, statutory instruments, local by-laws and court decisions. Added to this, however, are the decisions made by public bodies under a discretionary power, such as the refusal to award Housing Benefit to a particular individual, or the refusal of the police or the Crown Prosecution Service to prosecute a particular criminal.