Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Judicial review (2)
- Anglo-American law (1)
- Constitution (1)
- Crown Proceedings Act (1)
- Crown privilege (1)
-
- Doctrine of voie de fait (1)
- Duncan v. Cammell Laird & Co. (1)
- English law (1)
- Estoppel (1)
- Europe (1)
- Falmouth Boat Construction Co. v. Howell (1)
- Federal Crop Insurance Corporation v. Merrill (1)
- Federal Torts Claims Act of 1946 (1)
- Federalism (1)
- Illegality (1)
- King (1)
- L'Action française v. Bonnefoy-Sibour D. (1)
- Monarchical privilege (1)
- Public order (1)
- Rechtsstaat (1)
- Reichsgericht (1)
- Robertson v. Minister of Pensions (1)
- Separation of powers (1)
- Sovereign immunity doctrine (1)
Articles 1 - 3 of 3
Full-Text Articles in European Law
Judicial Review In Europe, Gottfried Dietze
Judicial Review In Europe, Gottfried Dietze
Michigan Law Review
The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …
Estoppel And Crown Privilege In English Administrative Law, Bernard Schwartz
Estoppel And Crown Privilege In English Administrative Law, Bernard Schwartz
Michigan Law Review
Perhaps the most anachronistic doctrine in Anglo-American public law is that of sovereign immunity. Under it, the State is placed in a privileged position of immunity from the principles of law which are binding upon the ordinary citizen, unless it expressly consents to be bound by such principles. In Anglo-American law the infallibility attributed to the King in the days when he was personally sovereign has been more recently recognized in the State, which the Crown now merely personifies. Thus, even today, and even in the American democracy, the basic principle of public law is that the King can do …
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
Michigan Law Review
The French droit administratif, since Dicey's critical and unsympathetic comments in his lectures and works on the English constitution, has continued to attract a great deal of interest in the English-speaking world. In this country the more recent references to the system known by that name are prompted by something more than academic curiosity. Unprecedented expansion of administrative activity, particularly on the part of the federal government, has focused attention on many problems which have become acute because of that fact. Unquestionably, one of the most vexing among them is the question of review of administrative action upon the …