The Crown in contract and administrative law

Janet McLean

    Research output: Contribution to journalArticlepeer-review

    Abstract

    An essential and neglected distinction between contract and administrative law is in how each conceives of the Crown as a juristic person. This article explores the extent of this distinction, and its implications for the rule of law and the separation of powers. It offers explanations—historical, jurisprudential and pragmatic—for why contract law conceives of the Crown as a corporation aggregate with the powers and liberties of a natural person, and why administrative law disaggregates the State into named officials. © Oxford University Press 2004; all rights reserved
    Original languageEnglish
    Pages (from-to)129-154
    Number of pages26
    JournalOxford Journal of Legal Studies
    Volume24
    Issue number1
    DOIs
    Publication statusPublished - 2004

    Keywords

    • State (Law)
    • Administrative law
    • Contract law

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