By Tom Cornford
The present process of public authority legal responsibility works through using deepest legislation torts to public experts. Controversially, this booklet argues that this process is insufficient and proposes an alternate system.The paintings provides a well timed and cutting edge point of view in this vital quarter of legislation. The textual content offers a singular method of the theoretical foundation of public authority legal responsibility. It additionally illustrates the sensible barriers of employing deepest legislations torts to public specialists. eventually, the amount explains how a process of legal responsibility applicable to public gurus might be created at the foundation of ideas already found in present legislations, drawing on already permitted rules of legal responsibility derived from EC and ECHR law.Supported by means of Commonwealth case legislation, this quantity presents a miles wanted replacement viewpoint at the present process and may be of curiosity to these operating in public and tort legislation.
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Extra info for Towards a Public Law of Tort
Sample text
But the debate is really one about which institution holds ultimate authority, an issue that does not concern me here, rather than about the function of public law. Which view one holds about the former question does not necessarily imply any particular answer to the latter. To support my preferred view of public law, I propose to return to the notion of the rule of law. As we saw above, Dicey’s version of the concept has been discredited. The concept continues to be used, however, in new versions and has been pressed into service to explain and justify administrative law.
Even in the present epoch of “neo-liberalism” it is generally accepted that the state may intervene in the market and, in certain circumstances, override the rights of private persons in pursuit of public goals. And this is reflected in our law which, since the first edition of Dicey’s book (if not before), has developed a special branch of law, distinct from private law and concerned with the peculiar powers and duties of government and their relationship to the citizen. If we reject the Diceyan orthodoxy, we are then left with the question of how to go forward.
The equality principle “instructs us to treat government in the same way as citizens are treated to the extent that government is the same as its citizens; but beyond that, to treat it differently. Under the equality principle, actual equality of treatment is not the ideal to be aimed at. g. as regulator or expropriator, by themselves, create a liability which is different from most private individuals. But I see nothing basically in the principles of justice which apply 7 Third edition, 2000.