Livre Jubilaire du Conseil D'Etat

1953 ◽  
Vol 11 (3) ◽  
pp. 425-434
Author(s):  
C. J. Hamson
Keyword(s):  
United States ◽  
French Revolution ◽  
The United States ◽  
Administrative Law ◽  
French History ◽  
The Public ◽  
The United Kingdom ◽  
A Minor ◽  
First Time ◽  
Unequal Length

This imposing quarto volume is offered to the public as a permanent memorial of the 150th anniversary of the Conseil d'Etat. It is a remarkable book, not unworthy of the very remarkable institution which it seeks to portray.Although the Conseil, as the Conseil du Roi, goes back a very long way in French history, it suffered an interruption at the French Revolution. The interruption proved indeed to be a minor one, lasting nine years only. Nevertheless, the Conseil was in some sense reformed by Napoleon under the Constitution du 22 Frimaire; and as the Conseil d'Etat it met for the first time on Christmas Day 1799 (a day then disguised as 4 Nivose An VIII) under conditions of no small informality. It is its first meeting under Napoleon which has been selected as the new terminus a quo of an institution in reality a great deal older.The book consists of some 50 articles (of very unequal length, one of them being an extensive monograph) and is divided into two parts. The second, shorter, part (though of over 200 pages) consists of contributions by persons who are not French and is concerned mainly with the influence of the Conseil d'Etat outside France, though it also includes articles on administrative questions in the United Kingdom (by Prof. W. A. Robson) in the United States, and in Canada (by the Chief Justice of Canada). It is proposed in this review wholly to neglect this part, however great its interest, principally because the English reader will find greater profit in the account given of the functioning in France of the authentic, the French, Conseil d'Etat: which may fairly be called the creator of the only system of administrative law properly meriting that title.

Introduction

2020 ◽  
pp. 1-20
Author(s):  
Crime Coverage
Keyword(s):  
United States ◽  
The Netherlands ◽  
The United States ◽  
Right To Know ◽  
Cultural Attitudes ◽  
The Public ◽  
The United Kingdom ◽  
Media Practices ◽  
Selection Of ◽  
Public Right

This chapter sets up the thesis of the book: Crime coverage practices serve as a lens to consider underlying cultural attitudes to concepts like privacy, public, public right to know, and justice. Differing decisions, for example, about whether to name suspects, suggest varying beliefs about the value of privacy and the public right to know. The chapter outlines the methodology and situates the work in relation to Daniel Hallin and Paulo Mancini, whose book Comparing Media Practices influenced the selection of countries, as well as the initial premises. We name the ten countries that comprise the basis of our comparison, and briefly introduce our three media models: the Protectors (Germany, the Netherlands, Sweden), the Watchdogs (the United Kingdom, Ireland, Canada, and the United States), and the Ambivalents (Spain, Italy, and Portugal). The chapter concludes with a brief overview of individual book chapters.

scholarly journals The American Democratic Deficit in Assisted Reproductive Technology Innovation

2019 ◽  
Vol 45 (2-3) ◽  
pp. 130-170
Author(s):  
Myrisha S. Lewis
Keyword(s):  
United States ◽  
Assisted Reproductive Technology ◽  
Public Discourse ◽  
Technology Innovation ◽  
The United States ◽  
Reproductive Technology ◽  
Public Consultation ◽  
Democratic Deficit ◽  
The Public ◽  
The United Kingdom

In many areas of innovation, the United States is a leader, but this characterization does not apply to the United States' position in assisted reproductive technology innovation and clinical use. This article uses a political science concept, the idea of the “democratic deficit” to examine the lack of American public discourse on innovations in ART. In doing so, the article focuses on America's missing public consultation in health care innovation. This missing discourse is significant, as political and ethical considerations may impact regulatory decisions. Thus, to the extent that these considerations are influencing the decisions of federal agency employees, namely those who work within the U.S. Food and Drug Administration, the public is unable to participate in the decision-making process. This lack of a public discourse undermines the goals of the administrative state, which include democratic participation, transparency, and accountability.The United Kingdom, on the other hand, has had a markedly divergent experience with assisted reproductive technology innovation. Instead of ignoring the various ethical, social, and legal issues surrounding assisted reproductive technology innovation, the United Kingdom engaged in a five-strand public consultation on the topic of mitochondrial transfer, a form of assisted reproductive technology that uses genetic modification in order to prevent disease transmission. This article argues that after a multi-decade standstill in terms of the public discourse related to ethical issues associated with assisted reproductive technology and germline modification, it is time for the United States to institute a more democratic inquiry into the scientific, ethical, and social implications of new forms of assisted reproductive technology and ultimately, forthcoming medical innovations that involve genetic modification.

scholarly journals Standards on transparency of publicly listed corporations: Information owed to the public?

2014 ◽  
Vol 11 (3) ◽  
pp. 184-192 ◽  
Author(s):  
Dimitrij Euler
Keyword(s):  
United States ◽  
Corporate Governance ◽  
United Kingdom ◽  
The United States ◽  
Financial Information ◽  
Minimum Standard ◽  
Applicable Law ◽  
The Public ◽  
The United Kingdom ◽  
Listed Corporation

The paper is about domestic laws’ response to the greater need of publicly listed corporation to be accountable to the public in accordance with international law. The paper is dedicated to the transparency of multinational corporations listed and incorporated in Germany, the United Kingdom, the United States and Switzerland. Under these applicable laws, transparency of publicly listed corporations has significantly changed in the last decade. Some countries oblige corporations to disclose non-financial and financial information immediately; others merely require periodic reporting of financial information. In particular, the connection between Impact Investor, an investor that invests based on social or environmental criteria in addition to the financial performance, and the investment target, publicly listed corporations contributed to some change. The applicable law provides a minimum standard of transparency. This minimum standard defines how the reasonable investor invests in the publicly listed corporation. Depending on this standard, the responsibility owed by the publicly listed corporation extends from the shareholder, several stakeholders to the public. Reasons for these differences lie in the greater accountability of publicly listed corporations from shareholders, to stakeholders or even the public. The OECD’s different standard on Corporate Governance, the Ruggie principles and other recommendations of non-governmental organisations (NGO) keep shaping the accountability under the applicable law. These standards provide guidance to corporations to voluntarily implement greater responsibilities beyond the minimum standard in the form of Corporate Governance. However, once publicly listed corporations implement these standards, the applicable law seem to not adequately impose duties on publicly listed corporations to disclose the information under its self-imposed standard to stakeholders or even the public. The paper researches the problem of transparency of publicly listed corporations in European Union, in particular Germany and the United Kingdom, as well as the United States and Switzerland wither regard to impact investors. Its hypotheses is that the applicable law lacks clear wording that transfers voluntary standards into binding law. The paper will not focus on obligations of corporation established under contracts with groups of shareholders. It will also not focus on stock market programmes to audit corporations based on environmental and social criteria. The paper excludes inter partes obligations because they give the contracting party merely a right to rely on the disclosure. The paper will also not look at methods for evaluation of non-financial information with regard to publicly listed corporations.

scholarly journals The Cause of Auditing Expectation Gap

2020 ◽  
Vol 4 (2) ◽  
pp. 51
Author(s):  
Gao Mengyan
Keyword(s):  
United States ◽  
United Kingdom ◽  
Critical Evaluation ◽  
The United States ◽  
Previous Literature ◽  
Performance Gap ◽  
The Public ◽  
The United Kingdom ◽  
Expectation Gap

Previous literature show that auditors and the public have different understandings and beliefs about the auditor’s responsibilities. The public’s expectation of statutory audit may exceed the responsibility required by the auditing standard, which leads to the audit expectation gap. Since the 1980s, there are more and more criticisms on statutory auditors especially after the appearance of some auditing fraud such as Enron case in the United States and Maxwell’s case in the United Kingdom. The misunderstanding from the public makes the auditor face more and more challenges. The purpose of this paper is to discuss the components of the gap, and discuss the main reasons based on the existing literature and cases. This paper makes a critical evaluation of the audit expectation gap from three parts: performance gap, standard gap, and reasonableness gap, respectively.

Commercial Arrangements for Co-Generation in the UK and USA

1987 ◽  
Vol 201 (4) ◽  
pp. 259-265
Author(s):  
D L Tolley ◽  
G J Fowler
Keyword(s):  
United States ◽  
United Kingdom ◽  
The United States ◽  
Combined Heat And Power ◽  
Public Utilities ◽  
The Public ◽  
Regulatory Policies ◽  
The United Kingdom ◽  
The Uk ◽  
The Impact

This paper examines the impact of the Public Utilities Regulatory Policies Act (PURPA) in the United States and the Energy Act 1983 in the United Kingdom on the nature of the purchase tariffs for co-generators and combined heat and power (CHP) plant, and considers the reasons why the prospects for investment by private generators might be enhanced in the United States.

The Early American Origins of Entitlements

1996 ◽  
Vol 10 (2) ◽  
pp. 360-404
Author(s):  
Laura S. Jensen
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Political Life ◽  
Health Security ◽  
The Public ◽  
Early American ◽  
History Of ◽  
The 1960S ◽  
First Time

There is perhaps no topic that has generated more sustained interest and controversy in the United States during the past three decades than the public policies called “entitlements.” From the Great Society innovations of the 1960s to the guaranteed income plan of the 1970s to the “health security” proposal of the early 1990s, debate over the issue of which U.S. citizens should be entitled to what kind of national-level benefits has been a constant in American political life. Though consensus has occasionally been reached, moments of accord have been fragile and fleeting. Late 1995 and early 1996 found both President William Clinton and a large, bipartisan majority of Congress targeting poor Americans and their benefits, advocating an “end to welfare as we know it.” Yet interbranch disagreement over the way that “welfare” reform should be implemented reached such heights that the annual U.S. budget development process broke down, resulting in repeated shutdowns of government agencies and the threat that, for the first time in the history of the American nation, the United States would default on its obligations to its creditors.

Understanding Brazilian Administrative Law, the Related Literature, and Education: A Comparison with the System in the United States

ICL Journal ◽  
2015 ◽  
Vol 9 (3) ◽  
Author(s):  
Emerson Gabardo
Keyword(s):  
United States ◽  
Academic Writing ◽  
State Intervention ◽  
The United States ◽  
Administrative Law ◽  
Legal Scholarship ◽  
The Public ◽  
System 2 ◽  
Typical Subject ◽  
Initial Research

AbstractThis paper presents research on a typical subject in comparative law: doctrinal thinking about (and teaching methods for) administrative law in Brazil and the United States. The paper’s initial research hypotheses are as follows: 1) in contrast to the United States, in Brazil, legal scholarship (legal academic writing) has significantly influenced the construction of the theoretical principles that form the basis of the public administration system; 2) the Brazilian understanding of administrative legal scholarship is distinct from that of the United States regarding several specific but representative issues; 3) in Brazil, administrative law textbooks and monographs focus on general principles and direct state intervention, whereas in the United States, administrative law education focuses on regulatory issues; and 4) regulatory (and policy or decision-making) concepts are more complex than they initially appear. These initial hypotheses will either be confirmed or refuted at the end of the study. The methodological research scope is an analysis of the study, teaching, and theoretical approach to the science of administrative law through a comparison of the two systems. The conclusions aim to assist legal researchers in both countries by broadening the understanding of the differences in meaning between apparently similar institutions and expressions while analyzing relevant semiological differences. Therefore, the paper does not represent an analysis of the particular legal systems but instead offers a methodology for understanding the two jurisdictions under consideration.

Bulwarks of Patriotic Liberalism: the National Guard, Philharmonic Corps and Patriotic Juntas in Mexico, 1847–88

1990 ◽  
Vol 22 (1-2) ◽  
pp. 31-68 ◽  
Author(s):  
Guy P. C. Thomson
Keyword(s):  
United States ◽  
Natural History ◽  
French Revolution ◽  
Indigenous Population ◽  
National Guard ◽  
School Teacher ◽  
The United States ◽  
Public Officials ◽  
The Public ◽  
Sierra Madre

In the archive of the now disbanded jefatura política of Tetela de Ocampo is an account of the funeral ceremony of the Puebla State deputy and school teacher, Ciudadano Miguel Méndez, only son of General Juan Nepomuceno Méndez, caudillo máximo of the State of Puebla between 1857 and 1884. The Velada Fúnebre was held in 1888 in the cabecera of Xochiapulco (alias ‘La Villa del Cinco de Mayo’), a municipio of nahuatl speakers on the southern edge of Mexico's Sierra Madre Oriental, adjoining the cereal producing plateaux of San Juan de los Llanos. The ceremony took place in the ‘Netzahualcoyotl’ municipal school room and was organised by the municipality's Society of Teachers. The description of the elaborately decorated room and baroque ceremony fills several pages.1 The teachers had decked the school room (normally adorned by ‘sixty-two great charts of natural history, twenty Industrial diagrams, large maps of Universal Geography, and diverse statistical charts and many engravings related to education’) with military banners and weapons, masonic trophies, candelabra, floral crowns and yards of white and black ribbon. In the centre of the room stood the coffin on an altar, itself raised upon a platform, guarded by four National Guard sentries and attended by the philharmonic corps of Xochiapulco and all the public officials of the cabecera and its dependent barrios. For nine days preceding the ceremony this band had played funeral marches, between six and eight in the evening, on the plaza, in front of the house of the deceased. The service was taken by Mr Byron Hyde, a Methodist minister from the United States. Accompanied by his wife at a piano, Hyde gave renderings (in English) of three Wesleyan hymns.2 There followed three eulogies of Miguel Méndez, extolling his services to the Liberal cause and on behalf of the ‘desgraciada nación azteca’. These speeches were infused with extreme anticlerical and anti-Conservative sentiments, a martial patriotic liberalism, a reverence for the principles of the French Revolution, an admiration for Garibaldi and Hidalgo (in that order), and an obsession with the importance of education as the only means for emancipating the indigenous population from clerical subjection.

scholarly journals Whistle-blowing and the equality dimension of victimisation in the workplace

2017 ◽  
Vol 17 (2) ◽  
pp. 137-156
Author(s):  
Sam Middlemiss
Keyword(s):  
United States ◽  
United Kingdom ◽  
Public Interest ◽  
The United States ◽  
Whistle Blowing ◽  
Legal Rules ◽  
The Public ◽  
The United Kingdom ◽  
General Law ◽  
Unfair Dismissal

A considerable amount of attention has been given to the general law of victimisation under the Equality Act 20101 but scant consideration has been given to the equality aspect of victimisation relating to whistle-blowing in the United Kingdom, and the present article will address this. The term whistle-blowing relates to workers making certain disclosures of information relating to their employer’s activities in the public interest. Most workers in the public, private and voluntary sectors are protected from victimisation by making a protected disclosure under the Public Interest Disclosure Act 1998. However, only qualifying disclosures (defined below) are protected by the Public Interest Disclosure Act 1998. The protection against victimisation covers unfair dismissal and an action for suffering a detriment. However, this article will concentrate on the latter. In the process of considering the legal rules in the United Kingdom, the human rights dimension of cases will be considered as will comparison with the law in the United States.

scholarly journals Biographical Traditions in European Countries and the USA During the Modern and Contemporary Times

2019 ◽  
pp. 92-106
Author(s):  
Artem Kosheliev
Keyword(s):  
United States ◽  
The United States ◽  
Value Orientations ◽  
The Public ◽  
The United Kingdom ◽  
Biographical Research ◽  
Academic Fields ◽  
Historical Processes ◽  
The Usa ◽  
Cultural Reality

The article investigates the process of formation of modern direction in historical researches – biographical studies. In particular, attention is focused on the development of a biographical genre in the United Kingdom, France, Germany, the Netherlands and the United States. The biographical genre is being considered in the context of various historical processes during the modern and contemporary times. The research is dedicated to the substantiation of the interconnection between socio-cultural reality, which formed certain norms and value orientations in Western societies. On the example of listed countries, the author demonstrates that the culture of creating biographies has both common and distinct roots of origin in different historical and social conditions. Biographical research in this context serves as an indicator of social values and their changes. In order to demonstrate the interrelation of social norms with the promotion of certain personalities through their biographies author turn to the historical roots of the development of this genre. Also it allows revealing the theoretical and methodological approaches to writing biographies. The article traces the connection between the value orientations of different categories of the population and the formation of their heroes and antiheroes. In this direction journalistic investigations played an important role in various countries of Europe and the United States. These investigations have been and continue to influence the public opinion, describing the lifestyle of different individuals in the past and present. In the article also assumes the existence of a phenomenon of a broad “biographical culture” within which developed specialized academic fields of research.

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