I hope list members won’t mind my using the list in this way, but I’m in a bit of a quandary. I’m looking into a particular problem in which courts use “public policy” to overturn long-standing rules. In the particular area in which I’m working, the cases are completely vague as to what they mean by public policy or even what the precise public policy at issue is. The series of cases just says, “these provisions violate public policy.” I'm finding things like broad statements of a “public policy in favour of parental rights” or “a public policy of equality.”

I’m looking for some detailed, in-depth or even moderately coherent discussion of the theory of public policy. How do or should courts define it? Are there limits? If so, what are they?

So far, I view public policy as an excuse for arbitrariness. I’m hoping to be convinced otherwise. So, what I’m really wanting to know is whether there are any jurisprudential studies or discussions out there that would be helpful.

Regards.

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