Elements for a Legal Definition of Commercial Banking: A Comparative View

1981 ◽  
Vol 16 (4) ◽  
pp. 499-515 ◽  
Author(s):  
Ricardo Ben-Oliel
Keyword(s):  
Commercial Banking ◽  
Legal Rule ◽  
The Public ◽  
Legal Definition ◽  
On Demand ◽  
High Commissioner ◽  
Banking Business ◽  
Economic Reality ◽  
Definition Of ◽  
The Right

In 1941, the Banking Ordinance enacted by the High Commissioner of Palestine defined “banking business” as the “business of receiving from the public on current account money which is to be repayable on demand by check, and of making advances to customers”. The most recently enacted Israeli Banking Law (Licensing), 1981 contains a very extensive definition of banking business which includes no less than thirteen types of transactions.This certainly reflects a new legal approach towards the economic reality of banking which in and of itself has not changed drastically. Moreover, the peculiar dynamics of the banking business also inspired the legal rule that the Governor of the Bank of Israel should have the right to enlarge the legal definition by recognizing the banking character of other transactions.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

Religious freedom and the ‘right to discriminate’ in the school admissions context: a neo-republican critique

Legal Studies ◽  
2011 ◽  
Vol 31 (4) ◽  
pp. 615-643 ◽  
Author(s):  
Eoin Daly ◽  
Tom Hickey
Keyword(s):  
Public Education ◽  
Religious Freedom ◽  
Religious Discrimination ◽  
Religious Schools ◽  
The Public ◽  
Definition Of ◽  
The Uk ◽  
The Right ◽  
Republican Theory ◽  
Faith Schools

In law and discourse, it has typically been assumed that the religious freedom of state-funded religious schools must trump any competing right to non-discrimination on grounds of belief. For example, the Irish Constitution has been interpreted as requiring the broad exemption of denominational schools from the statutory prohibition on religious discrimination in school admissions. This stance is mirrored in the UK Equality Act 2010. Thus, religious discrimination in the public education context has been rationalised with reference to a ‘liberty-equality dichotomy’, which prioritises the integrity of faith schools' ‘ethos’, as an imperative of religious freedom. We argue that this familiar conceptual dichotomy generates a novel set of absurdities in this peculiar context. We suggest that the construction of religious freedom and non-discrimination as separate and antagonistic values rests on a conceptually flawed definition of religious freedom itself, which overlooks the necessary dependence of religious freedom on non-discrimination. Furthermore, it overstates the necessity, to religious freedom, of religious schools' ‘right to discriminate’. We argue for an alternative ordering of the values of religious freedom and non-discrimination – which we locate within the neo-republican theory of freedom as non-domination.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

Silence with caution: The right to silence in police investigations in Belgium

2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen
Keyword(s):  
Case Law ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Digital Devices ◽  
Police Investigations ◽  
Right To Silence ◽  
Right To Information ◽  
Definition Of ◽  
The Right

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?

scholarly journals Access to Information Held by Public Authorities

2016 ◽  
Keyword(s):  
Record Management ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Public Authorities ◽  
The Public ◽  
Time Limits ◽  
Right To Information ◽  
Definition Of ◽  
Definition Of Information ◽  
The Right

Chapter 4 considers the administrative structure created by the Freedom of Information Act 2000; the right to information itself; the public authorities that are subject to the right; and the way in which requests for information should be handled. The chapter addresses the form of the request; the definition of ‘information’; the problems that tribunals have had in deciding whether information is held by a public authority; time limits; the transfer of requests from one authority to another; the duty to provide advice and assistance; fees and costs; vexatious and repeated requests; and the notice which has to be given when a request is refused. The chapter then considers the automatic disclosure of information through publication schemes, the need for consultation with third parties, and record management.

scholarly journals On Finding Yourself in a State of Nature

2019 ◽  
Vol 5 (3) ◽  
Author(s):  
Jordan Pascoe
Keyword(s):  
Pregnant Women ◽  
Reproductive Rights ◽  
Legal Framework ◽  
Sexual Consent ◽  
Epistemic Authority ◽  
Legal Definition ◽  
Abortion Rights ◽  
Ideal Approach ◽  
Definition Of ◽  
The Right

I defend the right to an abortion at any stage of pregnancy by drawing on a Kantian account of consent and innate right. I examine how pregnant women are positioned in moral and legal debates about abortion, and develop a Kanitan account of bodily autonomy in order to pregnant women’s epistemic authority over the experience of pregnancy. Second, I show how Kant's distinction between innate and private right offers an excellent legal framework for embodied rights, including abortion and sexual consent, and I draw on the legal definition of sexual consent in order to show how abortion discourse undermines women's innate right. I then explore Kant’s treatment of the infanticidal mother, and draw out the parallels between this case and contemporary abortion rights in order to develop a distinctly Kantian framework of reproductive rights in non-ideal conditions. Finally, I explore the implications of this non-ideal approach for contemporary abortion discourse, arguing that debates about the legality of abortion should more broadly engage the barbaric conditions of reproductive injustice.

scholarly journals The Impact of Business Scale of “Shadow Banking” on Credit Risk of Commercial Banks --Take Ten Domestic Listed Commercial Banks as Examples

2017 ◽  
Vol 9 (5) ◽  
pp. 94 ◽  
Author(s):  
Sijia Wen ◽  
Jishan Ma ◽  
Yawen Pan ◽  
Yuan Qi ◽  
Ruizhi Xiong
Keyword(s):  
Credit Risk ◽  
Commercial Banks ◽  
Balance Sheet ◽  
Commercial Banking ◽  
Shadow Banking ◽  
Financial Products ◽  
Banking Business ◽  
The Government ◽  
Definition Of ◽  
The Impact

In this article, according to search for the definition of shadow banking, we can make sure the business kinds of “shadow banking”, discuss the influence of business in “shadow banking” on credit risk of commercial banks, and study the elements which may increase the credit risk of commercial banks by using the semi-annual panel data during 2011-2016 of 10 listed banks. Then we can come to some primary conclusions: The credit risk of commercial banks is related to the shadow banking business. All the survival scale increment of financial products increasing, the size of entrusted loans increasing in increment, and the increasing in the size of guarantee commitments will increase the credit risk of commercial banks. There is no obvious relationship between trust loan business and bank credit risk. Our study is of great significance for the government to supervise the off-balance-sheet business of commercial banks. At the same time, it also fills the vacancy of domestic commercial banking “shadow banking” business empirical research.

Article 18 Right to restriction of processing

2020 ◽  
Author(s):  
Gloria González Fuster
Keyword(s):  
Public Interest ◽  
Historical Research ◽  
The Public ◽  
Definition Of ◽  
The Right ◽  
Article 5

Article 4(3) (Definition of ‘restriction of processing’); Article 5(1)(d) (Principle of accuracy); Article 16 (Right to rectification); Article 5(1)(a) (Principle of lawfulness); Article 17(1)(d) (Right to erasure based on unlawful processing); Article 5(1)(c) (Principle of data minimisation); Article 17(3)(e) (Limitations to the right to erasure); Article 19 (Notification obligation); Article 21 (Right to object); Article 89 (Derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes); Article 58(1)(g) (Powers of supervisory authorities).

scholarly journals The Effectiveness of Counteracting Extremism

2019 ◽  
Vol 13 (5) ◽  
pp. 803-815 ◽  
Author(s):  
Diana Stepanenko ◽  
Mikhail Mushinskiy
Keyword(s):  
National Security ◽  
Weak Links ◽  
Virtual Absence ◽  
Legal Definition ◽  
Working Definition ◽  
Social Landscape ◽  
Different Types ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the counteraction to one of the negative phenomena in modern Russian political and social landscape — terrorism. In spite of the measures that are currently taken against the cases of extremism, this issue remains urgent. Two interconnected factors reduce the effectiveness of counteracting extremism: 1) flaws in the system of sources of law, namely, insufficient strategic planning, systemic gaps in the anti-extremism legislation, weak links between its elements and the normative legal acts of relevant branches of law; 2) virtual absence of a legal definition for the basic concept of «extremism». The authors examine these factors and give recommendations on improving the effectiveness of counteracting extremism. According to them, it is necessary to develop a national security doctrine for the Russian Federation, whose integral part should be the theoretical basis of counteracting different types of extremism as one of the threats to national security. Next step would be to use this doctrinal base to develop the concept of ensuring national security, which will have an anti-extremism section. Only then should specific strategies be developed, and the legislation should be adjusted in accordance with them. The authors note that it is necessary to formulate the legal definition of the concept of «extremism», which would include its essential features and encompass all major manifestations, and stress that clearly described features of the phenomenon, which are united within one definition, should form the basis that the judges use to identify some actions, organizations or materials are extremist. In this connection, the right solution is not the rejection of the legal category of «extremism», but its more precise definition, provision of terminological clarity and accuracy, its consistent separation from adjacent legal categories, primarily, from the concept of «terrorism». The authors present a working definition of the concept of «extremism».

scholarly journals Knowledge Cities

1970 ◽  
Author(s):  
Stephen Bevan
Keyword(s):  
Public Sector ◽  
Knowledge Economy ◽  
Creative Industries ◽  
The Public ◽  
Definition Of ◽  
The Right ◽  
Simple Definition

“Knowledge Cities” tries to disentangle the myths from the realities of the Knowledge Economy. It argues for a wider definition of the knowledge economy, beyond a simple definition based around ICT and biotechnology and including the creative industries, the public sector and manufacturing. With the right policies in place, there is no reason why the knowledge economy should be characterised by growing inequality.

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