Suchergebnisse

The protection offered to individuals by remedies in public law and tort law is developing in all jurisdictions. The past few years have witnessed an increasingly important European dimension to the tort liability of public authorities. European Union law and European Human Rights law have added to the constitutional protection of tort claims against public authorities already established as a matter of domestic law in many European countries.

Whilst courts previously only made use of comparative law exceptionally, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practice of courts in this field, and methods also remain controversial. In the US, the issue has been one of public debate, and it is still one of the major dividing issues in the discussion about the role of the courts. This book offers a detailed analysis of the relevant law and jurisprudence in this area which will have a practical impact.