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

J.W.F. Allison

Abstract

The development of an autonomous English public law has been accompanied by persistent problems — a lack of systematic principles, dissatisfaction with judicial review procedure, and uncertainty about the judicial role. It has provoked a continuing debate on the desirability of distinguishing between basic categories of public and private law. In this debate, a historical and comparative perspective has been lacking. By way of a comparative historical jurisprudence and a Weberian method, this book introduces such a perspective from which to view the problematic English distinction between publ ... More

Keywords: English public law, judicial review, public and private, droit administratif, Conseil d'Etat, legal transplant, historical jurisprudence, Weber, legal system, state

Bibliographic Information

Print publication date: 2000 Print ISBN-13: 9780198298656
Published to Oxford Scholarship Online: January 2010 DOI:10.1093/acprof:oso/9780198298656.001.0001

Authors

Affiliations are at time of print publication.

J.W.F. Allison, author
University Senior Lecturer in Law and Fellow of Queens' College, Cambridge

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