This chapter considers the historical development of the law of public space in the US, France, and the UK. In all three countries public spaces enjoy special status and privilege, and the administration is not free to manage them as it chooses. The rights of the public are of prime importance for political (assemblies) or commercial purposes, or simply for leisure. They cannot, or should not, be considered private properties. Ideally, the owner (the city, or the government) should not exclude members of the public, discriminate, or even sell to them. Here comes the difficulty – although the public spaces are open to everyone, legally, they are, very often, government-owned. In other words, the administration enjoys managerial and proprietary powers that could conflict with their publicness. We try here to explain how the law was designed historically to regulate how public bodies managed these spaces for everyone.
Jean-Bernard Auby, Emmanuel Breen and Thomas Perroud
A Comparative Law Approach
Edited by Jean-Bernard Auby, Emmanuel Breen and Thomas Perroud
As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative and judicial responses to these issues.