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State Liability and the Law: A Historical and Comparative Analysis

State Liability and the Law: A Historical and Comparative Analysis

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032354873
  • 出版时间 March 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: S$265.63

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  • 描述 
  • 大纲 
  • 详细

    This book explores the historical foundations of holding public authorities accountable for their acts, and discusses how and why the idea that the state should or should not be held liable became established in three significant jurisdictions. The issue of state liability for legislative acts is considered one of the most difficult and controversial problems in jurisprudence. This book analyses the development of concepts and institutions of liability for the acts of legislator pertaining to the general principles of state liability until the mid-20th century in the leading European legal systems: Germany, France and Great Britain. It is shown that, in contrast to the prevailing conviction, the lack of liability for law-making instruments was not an unassailable dogma, and that questions as to whether such liability was possible were being asked from the Middle Ages onwards. The book will be a valuable resource for academics and researchers in the areas of Constitutional Law, Public Law, History of Law, History of Legal and Political Thought, Philosophy of Law, and Comparative Legal Studies.

  • List of abbreviations
    Introduction

    Part One : The Institutions and Concepts of State Liability in Selected Legal Systems until the End of the 18th Century
    Chapter I: Ancient Greece and Rome
    Chapter II: The Middle Ages
    Chapter III: The early modern era
    Summary of Part One
    Part Two: The Development of Contemporary Systems of State Liability for Acts of the Public Authorities
    Chapter IV: Germany
    Chapter V: France
    Chapter VI: England
    Summary of Part Two
    Part Three: The Problems Associated with State Liability for Legislative Acts
    Chapter VII: Liability for acts of the legislator in German scholarship and law
    Chapter VIII: Recognition of liability for acts of the legislator in French scholarship and law
    Chapter IX. The dogma of lack of liability for acts of the legislator in English scholarship and law
    Summary of Part Three
    Concluding remarks

    Reference list
    List of quoted normative instruments
    List of quoted judgments

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