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Item Details
| Title:
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A CONTINENTAL DISTINCTION IN THE COMMON LAW
A HISTORICAL AND COMPARATIVE PERSPECTIVE ON ENGLISH PUBLIC LAW |
| By: |
J. W. F. Allison |
| Format: |
Hardback |
| List price:
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£68.00 |
| Our price: |
£59.50 |
| Discount: |
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| You save:
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£8.50 |
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| ISBN 10: |
0198258771 |
| ISBN 13: |
9780198258773 |
| Availability: |
Usually dispatched within 1-3 weeks.
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| Stock: |
Currently 0 available |
| Publisher: |
OXFORD UNIVERSITY PRESS |
| Pub. date: |
21 March, 1996 |
| Pages: |
286 |
| Description: |
This book is the first comprehensive historical and comparative analysis of the emergence of English Public law as a distinct branch of law to govern the state. It explains persistent problems and considers potential reforms by contrasting the development of the innovative and influential French system of public law. It attributes the relative inadequacies of English public law to differences between the English and French legal and political traditions. |
| Synopsis: |
The development of an autonomous English public law has been accompanied by persistent problems-a lack of systematic principles, dissatisfaction with judicial procedures, and uncertainty about the judicial role. It has provoked an ongoing debate on the very desirability of the distinction between public and private law. In this debate, an historical and comparative perspective has been lacking. A Continental Distinction in the Common Law introduces such a perspective. It compares the recent emergence of a significant English distinction with the entranchment of the traditional French distinction. It explains how persistent problems of English public law are related to fundamental differences between the English and French legal and political traditions, differences in their conception of the state administration, their approach to law, their separation of powers, and their judicial procedures in public-law cases. The author argues that a satisfactory distinction between public and private law depends on a particular legal and political context, a context which was evident in late-nineteenth-century France and is absent in twentieth-century England.He concludes by identifying the far-reaching theoretical, institutional, and procedural changes required to accommodate English public law. |
| Publication: |
UK |
| Imprint: |
Clarendon Press |
| Returns: |
Returnable |
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