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Introduction

In the UK, questions of social or ‘distributive’ justice are usually treated as exercis­ing a type of repulsion effect on the reach of legal accountability. Public authori­ties enjoy a wide margin of discretion when deciding how to allocate resources to different social groups, while courts play a very limited role in reviewing whether such decisions are rational, compatible with individual rights, or otherwise com­ply with principles of justice.

However, strong arguments can be made that excessive restrictions have been imposed on the scope of judicial review in this context. A good case can be made that courts should play a greater role in holding public authorities to account for how the substance of their resource allocation decisions impacts upon the lives of individuals, especially when such decisions expose individuals to a risk of destitution, deprive them of support essential to maintain a dignified existence, or otherwise have a grave impact on their well-being. In general, it is time to reconsider the relationship that currently exists between legal modes of accountability, resource allocation decision-making, and the concept of social justice.

B.

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Source: Bamforth Nicholas, Leyland Peter (eds.). Accountability in the Contemporary Constitution. Oxford University Press,2014. — 425 p.. 2014
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