The “surgical Knife” Of Dividing England’s Public And Private Law

Division of public and private law originated in the Roman Empire Ulpianus theory, incorporated by Justinian, Emperor of Rome, in <Corpus Juris Civilis>. Then adopted by civil law countries and became the foundation of national legal framework. The typical example of civil law country – France, established a powerful administrative court to consolidate the division of public and private law. In traditional consciousness, common law system was not interested in dividing public and private law. Therefore, as a typical example of common law, England should also be like this. However, in fact, after a series of academic debate, research and judicial practice regarding public and private law, England procedurally divided public and private law through establishing the exclusive principle of judicial procedure review in the case of ‘O’ Reilly v. Mackman’ in 1983. But, the debate of dividing public and private law was still not settled. Along with the different opinions by English scholar,judges and lawyers, the English court made corresponding adjustment as a respond.In the paper, it starts with the case “O’Reilly v. Mackman, traces the front and rear historical development of the case to clarify the classification of public and private law, especially procedural exclusivity. this paper made up of three parts:preface, main boby that contains three chapters, and conclusion.The preface shows the value and traces of this paper.then Chapter Ⅰ illustrates a debate about emergence of the distinction in England. Debate has been extensive but not exhaustive. Chapter Ⅱdiscusses the development of the procedural exclusivity that establishes the principle of judicial procedure review in the case of ‘O’Reilly v.Mackman’. Chapter Ⅲ displays the corresponding adjustment made by the English court, when the debate of dividing public and private law was still ongoing.This paper cannot agree the adjustment that Lord Diplock made in the case of‘O’Reilly v. Mackman’. Depend on the situation of England, it’s hard to divide public and private law. then it’s less necessary to establish the demarcation line between public and private law.