Public authority

A public authority is typically defined by statute or constitutional provision. In the United Kingdom, the Human Rights Act 1998 defines a public authority as any person or body whose functions are of a public nature, including courts and tribunals, but excluding Parliament.¹ In the United States, the term often refers to government agencies and corporations created by law to perform public functions, such as the Tennessee Valley Authority.² The legal basis for a public authority's existence and powers is usually found in enabling legislation, which specifies its mandate, powers, and limitations.

Public authorities can be classified into several types: central government departments, regional and local governments, independent regulatory agencies, and public corporations. Their functions range from providing public services (e.g., health, education, transportation) to regulating private activities (e.g., environmental protection, financial oversight). For example, the Environmental Protection Agency in the U.S. is an independent regulatory authority, while the National Health Service in the UK is a public service provider.³ Some authorities, like port authorities, are special-purpose bodies created to manage specific infrastructure.

Public authorities are accountable to the public through various mechanisms: political accountability to elected officials, legal accountability through judicial review, and financial accountability through audits. Judicial review allows courts to invalidate actions that exceed legal powers or violate procedural fairness.⁴ Ombudsman offices in many countries investigate complaints about maladministration. Additionally, freedom of information laws require many public authorities to disclose records upon request, enhancing transparency.

Beyond typical agencies, public authorities include less-known entities like public benefit corporations, which operate with a mix of public and private characteristics. In the UK, 'hybrid public authorities' are bodies that are private but exercise public functions, and are only bound by human rights law when performing those functions.¹ The concept of 'public authority' also extends to private entities when they exercise statutory powers, as seen in the case of private prison operators. Historically, public authorities have been used to finance large infrastructure projects, such as the Port Authority of New York and New Jersey, which pioneered the use of revenue bonds.

Judicial review

A court's power to review the lawfulness of decisions made by public bodies.

Ombudsman

An official appointed to investigate complaints against public authorities.

Hybrid public authority

A private body that is subject to human rights obligations when performing public functions.