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The Judicial Work of the Comptroller of the Treasury as Compared with Similar Functions in the Governments of France and Germany (Volume 3); A Study in Administrative Law

The Judicial Work of the Comptroller of the Treasury as Compared with Similar Functions in the Governments of France and Germany (Volume 3); A Study in Administrative Law


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911. Excerpt: ... AMERICAN COMPARED WITH CONTINENTAL JURISDICTION OVER CLAIMS AGAINST THE STATE While the machinery of treasury regulation bears marked similarities among the countries of Continental Europe, the relation in which that machinery stands to other organs of government is strikingly different from country to country. These differences concern in large measure the questions of jurisdiction over acts of treasury administration. As constituting part of the administrative machinery of government, treasury organs are not in general subject to outside judicial control. When administrative acts come in conflict with private rights of individuals, the administration, in so far as its acts are judicially reviewable, is amenable, not to the ordinary civil tribunals but to special administrative courts. Only when government prerogatives are not at stake, and the acts to be reviewed are of a private rather than of a public character will jurisdiction.be lodged with the civil courts. In several of the Continental countries of which Prussia is typical, the actual interpretation of these principles tends to favor the civil jurisdiction. In France, on the other hand, and in those countries which follow the model of France, a much broader jurisdiction is given to the administrative courts. Government prerogatives are assumed to be at stake in France in all except a comparatively few of the pecuniary controversies of the administration; in Prussia such controversies are heard for the most part by the civil courts. Corresponding to the difference in jurisdiction, the dependence of the French administrative courts upon the administration is much closer than in Prussia. Though the lower courts in both countries are organs of active administration, the French tribunals are nominally...


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Product Details
  • ISBN-13: 9781151223753
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 60
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1151223751
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 127 gr


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The Judicial Work of the Comptroller of the Treasury as Compared with Similar Functions in the Governments of France and Germany (Volume 3); A Study in Administrative Law
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