Law in the Modern State

Cover Law in the Modern State
Law in the Modern State
Lon Duguit
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This ques- tion has been several times discussed before the Coun- cil of State by the representatives of the Department of Justice. In one of the first of these cases M. Ro- mieu, then counsel for government, argued as fol- lows: 16 "We must then enquire if users have any right to demand the intervention of the administra- tion. " So put, the question hardly brings out the real bearing of the problem or, at least, it is so put as to be susceptible of confusion. The question as to whether there ...exists any right by reason of which the private citizen can demand the operation of a public service according to law involves the question of the bond existing between the state and the pri- vate citizen in virtue of which he can compel it to perform the duties enjoined by statute. This he 16 Affaire Croix de Seguey-Tivoli, Decision of Dec. 21, 1906, Sirey, p. 968, 58 LAW IN THE MODERN STATE clearly cannot do; and this inaccurate terminology explains the hesitation so clearly felt by the govern- ment representatives.

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