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A Continental Distinction in the Common Law J. W. F. Allison (University Senior Lecturer in Law, and Fellow, University Senior Lecturer in Law, and Fellow, Queen's College, Cambridge)

A Continental Distinction in the Common Law By J. W. F. Allison (University Senior Lecturer in Law, and Fellow, University Senior Lecturer in Law, and Fellow, Queen's College, Cambridge)

Summary

This work is an historical and comparative analysis of the emergence of English Public law as a distinct branch of law to govern the state. It explains persistent problems and considers potential reforms by contrasting the development of the innovative and influential French system of public law.

A Continental Distinction in the Common Law Summary

A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law by J. W. F. Allison (University Senior Lecturer in Law, and Fellow, University Senior Lecturer in Law, and Fellow, Queen's College, Cambridge)

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. 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 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 nineteenth-century France and is absent in twentieth-century England. He concludes by identifying the far-reaching theoretical, institutional, and procedural changes required to accommodate English public law.

About J. W. F. Allison (University Senior Lecturer in Law, and Fellow, University Senior Lecturer in Law, and Fellow, Queen's College, Cambridge)

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

Table of Contents

1. Introduction ; 2. A Method for Transplants ; 3. A Model Distinction in a Model Setting ; 4. French Approximations ; 5. A Trojan Horse of the English Legal Tradition ; 6. A Categorical Approach to Law ; 7. The Separation of Powers ; 8. A Substantive Distinction ; 9. The Limits of Adversarial Adjudication ; 10. The Procedural Contrast ; 11. Conclusions and Implications for English Law ; Afterword

Additional information

GOR004837208
9780198298656
019829865X
A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law by J. W. F. Allison (University Senior Lecturer in Law, and Fellow, University Senior Lecturer in Law, and Fellow, Queen's College, Cambridge)
Used - Very Good
Paperback
Oxford University Press
20000224
298
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