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State Liability
Carol Harlow
其他書名
Tort Law and Beyond
出版Oxford University Press, 2004
主題Law / ComparativeLaw / TortsLaw / Government / State, Provincial & MunicipalLaw / Government / General
ISBN01992726469780199272648
URLhttp://books.google.com.hk/books?id=hI46AQAAIAAJ&hl=&source=gbs_api
註釋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.