State Liability and the Law: A Historical and Comparative Analysis

Author:   Bartłomiej Wróblewski (Assistant Professor of Law, SWPS University of Social Sciences and Humanities, Poland.)
Publisher:   Taylor & Francis Ltd
ISBN:  

9781032354873


Pages:   238
Publication Date:   21 March 2023
Format:   Hardback
Availability:   In Print   Availability explained
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State Liability and the Law: A Historical and Comparative Analysis


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Overview

This book explores the historical foundations of holding public authorities accountable for their acts, and discusses how and why the idea that the state should or should not be held liable became established in three significant jurisdictions. The issue of state liability for legislative acts is considered one of the most difficult and controversial problems in jurisprudence. This book analyses the development of concepts and institutions of liability for the acts of legislator pertaining to the general principles of state liability until the mid-20th century in the leading European legal systems: Germany, France and Great Britain. It is shown that, in contrast to the prevailing conviction, the lack of liability for law-making instruments was not an unassailable dogma, and that questions as to whether such liability was possible were being asked from the Middle Ages onwards. The book will be a valuable resource for academics and researchers in the areas of Constitutional Law, Public Law, History of Law, History of Legal and Political Thought, Philosophy of Law, and Comparative Legal Studies.

Full Product Details

Author:   Bartłomiej Wróblewski (Assistant Professor of Law, SWPS University of Social Sciences and Humanities, Poland.)
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.380kg
ISBN:  

9781032354873


ISBN 10:   1032354879
Pages:   238
Publication Date:   21 March 2023
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Acknowledgements List of abbreviations Introduction Part One : The Institutions and Concepts of State Liability in Selected Legal Systems until the End of the 18th Century Chapter I: Ancient Greece and Rome Chapter II: The Middle Ages Chapter III: The early modern era Summary of Part One Part Two: The Development of Contemporary Systems of State Liability for Acts of the Public Authorities Chapter IV: Germany Chapter V: France Chapter VI: England Summary of Part Two Part Three: The Problems Associated with State Liability for Legislative Acts Chapter VII: Liability for acts of the legislator in German scholarship and law Chapter VIII: Recognition of liability for acts of the legislator in French scholarship and law Chapter IX. The dogma of lack of liability for acts of the legislator in English scholarship and law Summary of Part Three Concluding remarks Reference list List of quoted normative instruments List of quoted judgments

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Bartłomiej Wróblewski is an Assistant Professor of Law at the SWPS University of Social Sciences and Humanities, Poland.

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