GOVERNMENTAL-FUNCTION THEORY

GOVERNMENTAL-FUNCTION THEORY

governmental-function theory. Constitutional law. A principle by which private conduct is characterized as state action, esp. for due-process and equal-protection purposes, when a private party is exercising a public function. ? Under this theory, for example, a political party (which is a private entity) cannot exclude voters from primary elections on the basis of race. ¡ª Also termed public-function rationale. [Cases: Civil Rights 1326(4, 7); Constitutional Law 213(4), 254(4). C.J.S. Civil Rights ¡ì¡ì 92¨C94; Constitutional Law ¡ì¡ì 705, 719, 954¨C958.]
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