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Le Prejudice En Droit Administratif Francais
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Book Synopsis Cours de Droit Administratif Et de Législation Française Des Finances Avec Introduction de Droit Constitutionnel Et Les Principes Du Droit Public by : Théophile Ducrocq
Download or read book Cours de Droit Administratif Et de Législation Française Des Finances Avec Introduction de Droit Constitutionnel Et Les Principes Du Droit Public written by Théophile Ducrocq and published by . This book was released on 1897 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis French Administrative Law and the Common-law World by : Bernard Schwartz
Download or read book French Administrative Law and the Common-law World written by Bernard Schwartz and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schwartz provides a masterly exposition of administrative law through a comparative study of the French droit administratif, arguably the most sophisticated Continental model. As Vanderbilt points out in his introduction, this is an important field that involves much more than administrative procedure. It deals directly with some of the most crucial issues of modern government regarding the distribution of power between governmental units, the resulting effect on the freedom of the individual and on the strength and stability of the state. Reprint of the sole edition. "[T]his book represents a significant achievement.... Unlike so many volumes that roll off the press these days, it fills a real need; and, though perhaps not the definitive work in English on the subject, it fills it extremely well." --Frederic S. Burin, Columbia Law Review 54 (1954) 1016 Bernard Schwartz [1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including The Code Napoleon and the Common-Law World (1956), the five-volume Commentary on the Constitution of the United States (1963-68), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).
Book Synopsis Exploring Tort Law by : M. Stuart Madden
Download or read book Exploring Tort Law written by M. Stuart Madden and published by Cambridge University Press. This book was released on 2005-09-26 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of scholarship from the most influential contributors regarding Torts law.
Book Synopsis Damages for Violations of Human Rights by : Ewa Bagińska
Download or read book Damages for Violations of Human Rights written by Ewa Bagińska and published by Springer. This book was released on 2015-10-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Author :Acadimie de Droit International de La Haye Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028616226 Total Pages :650 pages Book Rating :4.6/5 (162 download)
Book Synopsis Recueil Des Cours, Collected Courses, 1968 by : Acadimie de Droit International de La Haye
Download or read book Recueil Des Cours, Collected Courses, 1968 written by Acadimie de Droit International de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis French Administrative Law by : Lionel Neville Brown
Download or read book French Administrative Law written by Lionel Neville Brown and published by Oxford University Press, USA. This book was released on 1998 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of the leading English-language text in its field offers a complete and current overview of droit administratif, which is regarded (alongside the Napoleonic Code) as the most notable achievement of French legal science. The book includes eleven expanded appendices--with statistics, model pleadings, and other illustrations--and will prove an invaluable source for information on the courts, their procedures, and their case-loads. The approach throughout the volume is comparative, with many references to developments in UK common law and in the EC institutions.
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028612921 Total Pages :904 pages Book Rating :4.6/5 (129 download)
Book Synopsis Recueil Des Cours, Collected Courses 1957 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses 1957 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Author :Duncan Fairgrieve Publisher :British Institute for International & Comparative Law ISBN 13 : Total Pages :624 pages Book Rating :4.F/5 ( download)
Book Synopsis Tort Liability of Public Authorities in Comparative Perspective by : Duncan Fairgrieve
Download or read book Tort Liability of Public Authorities in Comparative Perspective written by Duncan Fairgrieve and published by British Institute for International & Comparative Law. This book was released on 2002 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.
Author : Publisher :Odile Jacob ISBN 13 :2738186165 Total Pages :327 pages Book Rating :4.7/5 (381 download)
Download or read book written by and published by Odile Jacob. This book was released on with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Damages in EU Public Procurement Law by : Hanna Schebesta
Download or read book Damages in EU Public Procurement Law written by Hanna Schebesta and published by Springer. This book was released on 2015-12-16 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
Book Synopsis Perspectives on Causation by : Richard Goldberg
Download or read book Perspectives on Causation written by Richard Goldberg and published by Bloomsbury Publishing. This book was released on 2011-10-21 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.
Book Synopsis Accountability in the Contemporary Constitution by : Nicholas Bamforth
Download or read book Accountability in the Contemporary Constitution written by Nicholas Bamforth and published by OUP Oxford. This book was released on 2013-11-14 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.
Book Synopsis State Liability and the Law by : Bartłomiej Wróblewski
Download or read book State Liability and the Law written by Bartłomiej Wróblewski and published by Taylor & Francis. This book was released on 2023-03-21 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Outlines of Constitutional and Administrative Law by : Dalzell Chalmers
Download or read book Outlines of Constitutional and Administrative Law written by Dalzell Chalmers and published by . This book was released on 1910 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Judge and the Proportionate Use of Discretion by : Sofia Ranchordás
Download or read book The Judge and the Proportionate Use of Discretion written by Sofia Ranchordás and published by Routledge. This book was released on 2015-06-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Author :Academy of European Law (Florence, Italy) Publisher :Kluwer Law International B.V. ISBN 13 :9041104445 Total Pages :416 pages Book Rating :4.0/5 (411 download)
Book Synopsis Collected Courses of the Academy of European Law by : Academy of European Law (Florence, Italy)
Download or read book Collected Courses of the Academy of European Law written by Academy of European Law (Florence, Italy) and published by Kluwer Law International B.V.. This book was released on 1997-05-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).
Book Synopsis Stigma, State Expressions and the Law by : Paul Quinn
Download or read book Stigma, State Expressions and the Law written by Paul Quinn and published by Routledge. This book was released on 2019-05-21 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the difficulties the law is likely to encounter in regulating the expressive activities of the state, particularly with regard to the stigmatization of vulnerable groups and minorities. Freedom of speech is indispensable to a democratic society, enabling it to operate with a healthy level of debate and discussion. Historically, legal scholars have underappreciated the power of stigmatization, instead focusing on anti-discrimination law, and the implicit assumption that the state is permitted to communicate freely with little fear of legal consequences. Whilst integral to a democratic society, the freedom of a state to express itself can however also be corrosive, allowing influential figures and organizations the possibility to stigmatize vulnerable groups within society. The book takes this idea and, uniquely weaving legal analysis with extant psychological and sociological research, shows that current legal approaches to stigmatization are limited. Starting with a deep insight into what constitutes state expressions and how they can become stigmatizing, the book then goes on to look into the capacity the law currently has to limit these expressions and asks even if it could, should it? This fascinating study of an increasingly topical subject will be of interest to any legal scholar working in the field of freedom of expression and discrimination law.
