The Foundations of Sovereignty And Other Essays

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Cleiiieneeau who proposed statutory compensation for unlawful arrest; 111 and a \ote of credit for this purpose has been made in every budget since 1!H0. Here, at least, is a clear admission that the sovereign state is a fallible thing.
Hut a more notable change even than this may be observed. The administration has become responsible for faults in the exercise of its functions. There has been evolved, if the phrase may be permitted, a categorj of public- torts where the state becomes liable fo
...r the acta of its agents. And this is, in fact, no more than the admission of that realism which, in the Anglo Ainer- ican system, has no opportunity for expression. For every state act is, in literal truth, the act of some official; and the \ital need is simply the recognition that the aets of an ageni involve the responsibility of bis superior. Where the ser\ ice of the state, that is to say, is badly performed in the sense that its operation prejudices the !'• cf. My Authority in th, M o dm >v.

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