The Crown in contract and administrative law

Janet McLean

doi:10.1093/ojls/24.1.129

The Crown in contract and administrative law

Janet McLean

Research output: Contribution to journal › Article › peer-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 language	English
Pages (from-to)	129-154
Number of pages	26
Journal	Oxford Journal of Legal Studies
Volume	24
Issue number	1
DOIs	https://doi.org/10.1093/ojls/24.1.129
Publication status	Published - 2004

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

State (Law)
Administrative law
Contract law

Access to Document

10.1093/ojls/24.1.129

Cite this

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AB - 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

KW - State (Law)

KW - Administrative law

KW - Contract law

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DO - 10.1093/ojls/24.1.129

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The Crown in contract and administrative law

Abstract

UN SDGs

Keywords

Access to Document

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Cite this