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Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume considers tort liabilities in European public authorities. It looks at several European countries, using case studies to compare administrative laws across the EU.
Government liability --- Comparative law. --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- Law and legislation
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This book is the first in a series which explores if, and to what extent, there is a common core of shared and connecting elements within the legal systems. It looks at government liability in tort as an entry point for the whole comparative research on the ‘common core of European administrative laws’. The book focuses on administrative procedure. It is divided into four parts. Part I sets the stage, explains the distinctive features of the new research, and deals with issues in methodology. Part II looks briefly at the constitutional and cultural framework in which government liability operates. Part III focuses on the main research done by presenting the case studies and supplying the answers to the hypothetical cases, which are at the heart of the ‘factual method’. Finally, Part IV compares and contrasts the information provided from Part III. It examines both the commonalities and the distinctive traits of these legal systems with a view to understanding their ‘common core’.
Administrative responsibility --- Responsabilité administrative --- Government liability --- Etat --- Comparative law --- Droit comparé --- Responsabilité --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- Law and legislation
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Natalie Davidson offers an alternative account of Alien Tort Statute litigation by revisiting the field's two seminal cases, Filártiga (filed 1979) and Marcos (filed 1986), lawsuits ostensibly concerned with torture in Paraguay and the Philippines, respectively. Combining legal analysis, archival research and ethnographic methods, this book reveals how these cases operated as transitional justice mechanisms, performing the transition of the United States and its allies out of the Cold War order. It shows that US courts produced a whitewashed history of US involvement in repression in the Western bloc, while in Paraguay and the Philippines the distance from US courts allowed for a more critical narration of the lawsuits and their underlying violence as symptomatic of structural injustice. By exposing the political meanings of these legal landmarks for three societies, Davidson sheds light on the blend of hegemonic and emancipatory implications of international human rights litigation in US courts.
Government liability --- Immunities of foreign states --- Transitional justice --- Cold War --- World politics --- Justice --- Human rights --- Immunities of foreign sovereigns --- Jurisdictional immunities of foreign states --- Sovereign immunity (International law) --- State immunities (International law) --- Government liability (International law) --- Jurisdiction (International law) --- Privileges and immunities --- Sovereignty --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- Cases. --- Law and legislation --- United States.
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