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

— —

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

A Historical and Comparative Perspective on English Public Law

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

$115.95

Paperback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Oxford University Press
01 April 2000

Common law; Constitutional & administrative 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. 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.

By: J. W. F. Allison (University Senior Lecturer in Law and Fellow University Senior Lecturer in Law and Fellow Queen's College Cambridge)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 217mm, Width: 139mm, Spine: 17mm
Weight: 362g
ISBN: 9780198298656
ISBN 10: 019829865X
Pages: 298
Publication Date: 01 April 2000
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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

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