| La responsabilità della Pubblica amministrazione nel diritto inglese |
| Fascicolo 2010-3 |
| Scritto da Zambelli Chiara | Zambelli Matteo |
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Sommario 1. Introduzione. – 2. Negligence. – 3. Lo Human Rights Act del 1998. – 4. La responsabilità extra- contrattuale degli enti pubblici inglesi. – 5. Conclusione.
Abstract This paper sets out an account of the law regarding the liability of public authorities pursu- ant to the English law of negligence. It focuses on the extent to which the public nature of a defendant affects civil liability and the principles that govern and limit that liability. It considers the impact of the Human Rights Act 1998 and the liability of public bodies for loss caused by administrative acts and the liability of public authorities for breaching individuals’ human rights.This paper recognises that under English law the liability of public authorities in negligence continues to be a problematic area of the law. Some of the difficulties have been caused by the adoption by the courts of unnecessary and unworkable tests, in addition to the ordinary principles of the law of negligence. Although with time some of these difficulties have been removed, there is still a considerable difference between the liability of individuals and public authorities (especially when public policy considerations seem to be involved). |