A continental distinction in the common law : a historical and comparative perspective on English public law

Type

Book

Authors

Allison, J.W.F.

ISBN 10

019829865X

ISBN 13

9780198298656

DDC

342.42

Tags

Administrative Law, Great Britain, Public law, English Public law, Common law, English Common law

Abstract

"This development of an autonomous English public law has bee accompanied by persistent problems - a lack of systematic principles, dissatisfaction with judicial procedures, and uncertainty, about the judicial role. It has provoked a continuing debate on the very desirability of the distinction between public and private law..." - Cover

Description

Contents:
Introduction
A method for transplants
A model distinction in a model setting
French approximations
A Trojan horse of the English legal tradition
A categorical approach to law
The separation of powers
A substantive distinction
The limits of adversarial adjudication
The procedural contrast
Conclusion and implications for English law
Afterword
Bibliography
Index

Biblio Notes

Includes bibliographical references (pages 253-273) and index.

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