‘Protective Legislation’, Vulnerability, and Public Law

In recent decades, the concept of ‘vulnerability’ has gained increasing prominence in public law. While much existing research has focused on judicial reliance on this idea, this short article charts how the concept has proliferated through its use in legislation to impose duties on and structure the work of public officials. Despite this growth, we find little official or parliamentary record explaining why such provisions are being adopted more frequently. Whatever the causes of this proliferation, the result is that the statutory use of ‘vulnerability’ now spans an increasingly wide array of governmental domains, particularly in frontline service delivery, but the interpretation and implementation of these ostensibly well-intentioned provisions are often far from straightforward. Drawing on Olsen’s concept of ‘protective legislation’, we call for deeper reflection on whether and how these legislative measures affect public experiences and outcomes.