Part II Jurisdiction of Courts and Acts of State, 2 Crown Acts of State

Subject(s):

Tort/delict — Jurisdiction and the English courts — Jurisdictional immunities — Property law

Chapter 2 focuses on the nature and operation of the Crown act of state doctrine. It shows that both rules of the Crown act of state doctrine and the related doctrine of combat immunity set the outer limits of the subject-matter jurisdiction of English courts. It also maps out the complex relationship between tort law, private international law, domestic public law, and public international law that is involved in the application of the Crown act of state defence. The chapter deals with the likely impact of the proposed Bill of Rights on tortious claims arising out of the external exercise of British executive authority. It addresses the question whether tort law could offer adequate remedies where the judicial remedies created by the bill are excluded.