A Continental Distinction in the Common Law ' a Historical and Comparative Perspective on English Public Law '

ISBN-13: 9780198298656 / Angielski / Miękka / 2000 / 298 str.

John Allison; J. W. F. Allison

Opis

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. This work introduces an historical and comparative perspective. It compares the recent emergence of a significant English distinction with the entrenchment 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 19th-century France and is absent in 20th-century England.

O autorze

John Allison is University Senior Lecturer in Law and Fellow of Queens' College, Cambridge