A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law
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.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
A. V. Dicey admin administrative disputes Administrative Law adversarial procedures analysis approach to law authority body Brown and Bell Cambridge central century Conseil d'Etat Constitution Corpus Iuris Civilis Crown Office List decision described Dicey distinction between public distinguishing doctrine droit administratif Duguit Durkheim England English administrative law English courts especially expertise F. W. Maitland France Franks Committee French Administrative Law functions H. W. R. Wade Harlow Ibid inquisitorial Jowell judges judicial independence Judicial Review jurisdiction Jurisprudence Justice Laski Law Commission Law London Legal Transplants liability litigation Lon Luvois Fuller Lord Diplock Lord Woolf LRev Luvois Fuller Papers Mackman Montesquieu O'Reilly Order 53 ordinary courts Oxford parties political polycentric prerogative writs principles private law public and private public law recognized reforms remedies separation of powers social stressed substantive theory tion Tocqueville traditional