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Governmental and Intergovernmental Immunity in Australia and Canada / Colin McNairn.

By: Material type: TextTextSeries: HeritagePublisher: Toronto : University of Toronto Press, [1977]Copyright date: ©1977Description: 1 online resource (222 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9781487578718
  • 9781487577643
Subject(s): DDC classification:
  • 342.71/06
Other classification:
  • online - DeGruyter
Online resources: Summary: As the state comes to play a larger role in the community the question of the extent to which government is subject to the general law of the land assumes increasing importance. This book examines the limits of two related forms of state immunity: crown or governmental immunity from statue and intergovernmental immunity. The first results from the rule of statutory construction that the crown, representing the executive government, is not bound by legislation except by express words or necessary implication. The second is of a constitutional order and provides a degree of freedom to each level of authority in a federal system from the laws of the other level of authority.The author considers, in separate chapters, the effect which statues can have upon a government when it confronts the legal system in tort proceedings, in criminal actions, as a party to a contract, as a creditor, and as a potential taxpayer. Some of the particular questions that are canvassed are as follows: can the crown recover damages against a subject beyond the limit liability prescribe by statue? Is a servant of the crown, such as a member of the armed forces, liable to conviction for a traffic offence committed while in the course of his duty? Is the Commonwealth of Australia as a landlord limited in what it may charge its tenants by state rent control legislation? Can a provincial liquor board import supplies for resale free of Canadian customs duties? The author's examination of judicial decisions on intergovernmental immunity, one of the most difficult areas of constitutional law, exposes the confusion that exists as to the precise scope of the immunity. One of the principal purposes of this book is to impose some order on his jurisprudential chaos and to suggest directions of approach for the future. This incisive analysis of a crucial area of the law will be interest to all who are concerned with governmental accountability as well as to jurists, judges, and lawyers.
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Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9781487577643

restricted access online access with authorization star

http://purl.org/coar/access_right/c_16ec

As the state comes to play a larger role in the community the question of the extent to which government is subject to the general law of the land assumes increasing importance. This book examines the limits of two related forms of state immunity: crown or governmental immunity from statue and intergovernmental immunity. The first results from the rule of statutory construction that the crown, representing the executive government, is not bound by legislation except by express words or necessary implication. The second is of a constitutional order and provides a degree of freedom to each level of authority in a federal system from the laws of the other level of authority.The author considers, in separate chapters, the effect which statues can have upon a government when it confronts the legal system in tort proceedings, in criminal actions, as a party to a contract, as a creditor, and as a potential taxpayer. Some of the particular questions that are canvassed are as follows: can the crown recover damages against a subject beyond the limit liability prescribe by statue? Is a servant of the crown, such as a member of the armed forces, liable to conviction for a traffic offence committed while in the course of his duty? Is the Commonwealth of Australia as a landlord limited in what it may charge its tenants by state rent control legislation? Can a provincial liquor board import supplies for resale free of Canadian customs duties? The author's examination of judicial decisions on intergovernmental immunity, one of the most difficult areas of constitutional law, exposes the confusion that exists as to the precise scope of the immunity. One of the principal purposes of this book is to impose some order on his jurisprudential chaos and to suggest directions of approach for the future. This incisive analysis of a crucial area of the law will be interest to all who are concerned with governmental accountability as well as to jurists, judges, and lawyers.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 01. Nov 2023)