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In this paper, we seek to demonstrate that, in the case of the public administration's liability for the property in … its custody, the rule of strict liability which seems to be accepted by the Italian Civil Code can be justified in terms … of efficiency only if we are trying to allocate risks in an optimal manner. The strict liability of the public …
Persistent link: https://www.econbiz.de/10012988965
This review of developments in New Zealand administrative law covers the period from mid 2016 to mid 2019. The developments I have selected for discussion concern Bill of Rights methodology; heightened scrutiny reasonableness review; substantive legitimate expectations; a duty of consistency;...
Persistent link: https://www.econbiz.de/10012840105
The Italian administrative system is currently perceived as one of the main obstacles to a higher growth of the productive system. We argue that some causes of this ineffectiveness are deeply rooted and date back at the unification: a missing strong administrative tradition; an (excessive)...
Persistent link: https://www.econbiz.de/10013045666
Administrative law has ceased to respond adequately to the challenges posed by modern-day executive government. We suggest that the discordance reflects a mismatch between the debilities of the Congress and an administrative regime built on legislative supremacy.Administrative law — in its New...
Persistent link: https://www.econbiz.de/10013032086
This article aims to offer a view of the principal administrative remedies toward the European administration and to illustrate the effect that the Lisbon Treaty has on these. In particular, three types of administrative remedies governed by secondary laws are presented: those relating to...
Persistent link: https://www.econbiz.de/10014153511
The rule of law is a fundamental principle and the cornerstone of Western democracies and their public governance. Its underlying value is the idea of constraint of governmental power. The rule of law principle acts as an interpretative concept in most contexts of the exercise of public powers...
Persistent link: https://www.econbiz.de/10014102150
Liability Monitor over 1990 to 2017. A number of core findings are not easily explained by standard economic theory. First, we …
Persistent link: https://www.econbiz.de/10013272267
In this paper, we examine the influence of medical malpractice tort reform on the level of private health insurance company losses incurred. We employ a natural experiment framework centered on a series of tort reform measures enacted in Texas in 2003 that drastically altered the medical...
Persistent link: https://www.econbiz.de/10011764153
Persistent link: https://www.econbiz.de/10009747273
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