Developments in the Civil Liability of Executive Bodies in Common Law

Document Type : Original Article

Authors

1 PhD student in Public Law, yazd branch .Islamic Azad University,yazd.Iran

2 Assistant Professor, Department of Public Law, yazd branch .Islamic Azad University,yazd.Iran

3 Department of Law, Faculty of Law and Political Science, meybod branch .Islamic Azad University,meybod .Iran

10.30510/psi.2022.296779.2037

Abstract

The issue of reparations for government actions has been the subject of controversy for nearly a century and a half. In the meantime, since the executive apparatus of the government has more friction with the citizens than its other powers, the civil responsibility of this sector has been questioned more than other parts. Different legal systems, under the influence of the intellectual systems that support them, have given different, sometimes similar and sometimes different answers to this question. One of these systems is the common law system, which has gained valuable experience in a tumultuous history, from the absolute denial of civil liability of the government to the absolute acceptance of absolute responsibility in the executive apparatus. In this article, with a historical study of about seven hundred years of the evolution of the ideas of civil liability of the government, the process of step-by-step acceptance of this responsibility for different government forces and in particular the executive branch and its agencies is examined. The circuit will also be considered.

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