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

Paperback | February 24, 2000

byJ.W.F. Allison

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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 distinctionbetween public and private law. In this debate, a historical and comparative perspective has been lacking. A Continental Distinction in the Common Law introduces such a perspective. It compares the recent emergence of a significant English distinction with the entrenchment of the traditional Frenchdistinction. 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 theirjudicial 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 nineteenth-century France and is absent in twentieth-century England. He concludes byidentifying the far-reaching theoretical, institutional, and procedural changes required to accommodate English public law.

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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 distinctionbetween public and private law. In this debate...

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

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Format:PaperbackPublished:February 24, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019829865X

ISBN - 13:9780198298656

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Table of Contents

1. Introduction2. A Method for Transplants3. A Model Distinction in a Model Setting4. French Approximations5. A Trojan Horse of the English Legal Tradition6. A Categorical Approach to Law7. The Separation of Powers8. A Substantive Distinction9. The Limits of Adversarial Adjudicationministration10. The Procedural Contrastof State Administrationaw11. Conclusions and Implications for English LawAfterword