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

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Oxford University Press, 2000 - Law - 278 pages
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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.
 

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Contents

II
1
III
4
IV
12
V
23
VI
27
VII
34
VIII
36
IX
39
XXIX
152
XXX
158
XXXI
164
XXXII
167
XXXIII
168
XXXIV
170
XXXV
171
XXXVI
177

X
42
XI
44
XII
50
XIII
58
XIV
69
XV
72
XVI
81
XVII
101
XVIII
107
XIX
109
XX
114
XXI
119
XXII
122
XXIII
128
XXIV
131
XXV
136
XXVI
138
XXVII
146
XXVIII
149
XXXVII
180
XXXVIII
181
XXXIX
183
XL
189
XLI
190
XLII
192
XLIII
204
XLIV
207
XLV
212
XLVI
216
XLVII
221
XLVIII
227
XLIX
235
L
236
LI
237
LII
247
LIII
253
LIV
275
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About the author (2000)

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

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