ABSTRACT

This part of the legislation is concerned with activities which potentially lie at the margin of acceptable legal intervention. The law has to determine which activities should be controlled and which should remain unregulated in the interests of personal autonomy.24 It would be too great an infringement of personal liberty to allow a claim of race discrimination if a black person was not invited to a birthday party.25 A key way in which the law seeks to avoid controls on essentially private behaviour is by insisting that the provision be to the public or a section of the public. We should not be surprised to discover that the dividing line is not at all clear, and may be different in different contexts where regulation is under consideration.