Criminal and Civil Liability

This chapter discusses the liability of the state. Despite the great differences in constitutional context, administrative law, and procedure, all legal systems have had to address the issue of when compensation should be provided to citizens who have been negatively affected by the activities of the administration. The chapter thus provides an overview of the historical and modern approaches of state liability from a comparative perspective, in a variety of jurisdictions. It then gives consideration to some of the salient issues arising out of this complex area of the law. An addendum is then provided examining the issue of the criminal liability of the state. Particular focus is given to the current state of the existing scholarship on this topic, as well as identifying fruitful themes for future research.