Gå direkte til innholdet
The Illegality Defence in Law
Spar

The Illegality Defence in Law

Forfatter:
innbundet, 2025
Engelsk

The Illegality Defence posits that a cause of action cannot arise from a wrongful act. Barring a claim through the application of this defence contradicts considerations of corrective justice, as the defendant is released from liability even though the claimant would otherwise have been entitled to a remedy. This book re-examines the application of the Illegality Defence, framing it as a State deprivation of property for the public good, underscoring the necessity of constitutional protections in this context. Offering a novel approach, the work explores the development, interpretation, and application of the Illegality Defence within a constitutional framework, bridging the gap between private and public law. By delving into the structured concepts of proportionality, it aims to establish a more refined legal model which is sensitive to the protection of human rights – specifically, the human right to property. This approach seeks to enhance legal certainty and predictability in the application of the Illegality Defence. The study will be essential reading for academics and researchers working in the areas of legal theory, human rights law, and jurisprudence.

Undertittel
A Constitutional and Human Rights Perspective
Forfatter
Edit Deutch
ISBN
9781032893082
Språk
Engelsk
Vekt
680 gram
Utgivelsesdato
30.6.2025
Antall sider
266