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State Liability and the Law: A Historical and Comparative Analysis: Routledge Studies in Comparative Legal History

Autor Bartłomiej Wróblewski
en Limba Engleză Hardback – 21 mar 2023
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.
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Specificații

ISBN-13: 9781032354873
ISBN-10: 1032354879
Pagini: 250
Dimensiuni: 156 x 234 x 16 mm
Greutate: 0.45 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Routledge Studies in Comparative Legal History

Locul publicării:Oxford, United Kingdom

Public țintă

Academic and Postgraduate

Cuprins

Acknowledgements
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

Notă biografică

Bartłomiej Wróblewski is an Assistant Professor of Law at the SWPS University of Social Sciences and Humanities, Poland.

Descriere

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 the leading European legal systems: Germany, France and Great Britain.