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portada The King can do no Wrong: Constitutional Fundamentals, Common law History, and Crown Liability
The King can do no Wrong: Constitutional Fundamentals, Common law History, and Crown LiabilityThe King can do no Wrong: Constitutional Fundamentals, Common law History, and Crown Liability
Type
Physical Book
Language
English
Pages
352
Format
Hardcover
ISBN13
9780198886914

The King can do no Wrong: Constitutional Fundamentals, Common law History, and Crown Liability

Marie-France Fortin (Author) · Oxford University Press · Hardcover

The King can do no Wrong: Constitutional Fundamentals, Common law History, and Crown Liability - Marie-France Fortin

New Book Imported to South Africa
Delivery: 02 Oct - 15 Oct Shipping: 15 to 19 business days.
R 3,568
R 3,568

Synopsis "The King can do no Wrong: Constitutional Fundamentals, Common law History, and Crown Liability"

'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions. In the first dedicated monograph on the topic, Marie France-Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized. Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world.

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The book is written in English.
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