Note 26 — Chapter IV

[Que la justice administrative et la garantie des fonctionnaires sont des institutions de l’Ancien Régime. The difficulty of rendering these terms into intelligible English arises from the fact that at no time in the last two centuries of the history of England has the executive administration assumed a peculiar jurisdiction to itself or removed its officers from the jurisdiction of the courts of common law in this country. It will be seen in this chapter that the ordinary jurisdictions of France have always been liable to be superseded by extraordinary judicial authorities when the interests of the Government or the responsibility of its agents were at stake. The arbitrary jurisdiction of all such irregular tribunals was, in fact, abolished in England in 1641 by the Act under which fell the Court of Star Chamber and the High Commission.]