State Liability: Tort Law and Beyond
The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Within domestic legal systems, there has been a considerable extension of tortious liability which is impinging on the State and its resources. These lectures address statutory and administrative compensation, and examine the influence of group actions and of globalization. Pressure on domestic legal systems has been increased by transnational courts, notably the Court of Human Rights and the European Court of Justice. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Corrective Justice in the Frame
Hedley Byrne v Heller 1964 AC 465
Home Office v Dorset Yacht Co Ltd 1970 2
20 other sections not shown
Accident Compensation Scheme administrative compensation Administrative Law application argued argument award of damages civil claims class action common law Community compensation culture compensation plans compensation principle context corrective justice Council Court of Appeal Criminal Injuries Compensation decision deterrent distributive justice duty ECHR Article ECtHR effect EHRR European ex gratia Factortame failure Francovich functions global Harlow Hart Publishing House of Lords Human Rights Act individuals international law involved issue judges judgment judicial review jurisdiction Law Commission lawyers lecture legal system legislation liability litigation Lord Woolf loss maladministration ment negligence no-fault ombudsman Osman Oxford University Press P. S. Atiyah paras payment pensation personal injuries police political procedure provides public authorities public law public/private reason redress Regulation remedies reparation Report responsibility rule settlement social statutory tion Tomuschat tort action tort law tort system United Kingdom victims violation of human