1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

1. Introducing constitutions and public law

2021 ◽  
pp. 3-23
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility; and control the power of the state. Indeed, a state’s constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK’s national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

PUBLIC ADMINISTRATION AS AN ELEMENT OF DECENTRALIZATION OF POWER IN UKRAINE: THE THEORETICAL, TECHNOLOGICAL ASPECT AND PECULIARITIES OF THE INTRODUCTION OF PUBLIC ADMINISTRATION IN UKRAINE

2018 ◽  
Vol 1 (12) ◽  
pp. 124-137
Author(s):  
Valentina Vasilievna Yelinskaya
Keyword(s):  
Public Administration ◽  
The State ◽  
European Countries ◽  
Practical Implementation ◽  
Effective Implementation ◽  
State Governance ◽  
State And Local ◽  
Main Instrument ◽  
And Control ◽  
The Relationship

The article details the relationship between public administration as an element of the decentralization of power in Ukraine and the peculiarities of the implementation of public administration in Ukraine. The peculiarities of our country that distinguish it from the European countries with experience of implementation of public administration and control are considered. The main technological tools that can be used to implement public administration in Ukraine are considered. The emphasis is on public administration as the main instrument for implementing the state decentralization strategy. It is substantiated that consideration of the regulatory framework for decentralization clearly indicates the need for the allocation of public administration as the main point of involving society in state governance at the level of territorial communities. Strategically, the state has taken all necessary steps to implement the relevant reforms. However, there is still unregulated uncertainty between strategic planning and practical implementation, as there is uncertainty at the level of both the state and territorial communities about the instruments for achieving the goals. The article focuses on public administration as the main instrument for implementing the state decentralization strategy. The main differences between our country and the European countries, which have already successfully implemented the possibilities of public administration and ways to overcome these differences, are considered. The last section of the article is devoted directly to modern technological capabilities that can be used for the effective implementation of public administration at the level of territorial communities. The main existing tools and ways of their use are considered. Separately, the most perspective directions of realization of public administration and conditions of their effective implementation with support of the state and local self-government bodies are considered.

Nation to Nation Relations

2019 ◽  
pp. 100-141
Author(s):  
Jean Allain
Keyword(s):  
Balance Of Power ◽  
The State ◽  
Law Of The Sea ◽  
Internal Dynamics ◽  
Law Of Nations ◽  
European System ◽  
The Law ◽  
The Relationship

In Book Two, the emphasis of Rayneval’s text shifts from the development of the Nation and the internal dynamics of the State to consider the relationship between Nations via the Law of Nations. This Book considers the essence of the State, both in regard to independence and sovereignty. It provides an understanding of trade between Nations and of alliances and the European system of Balance of Power. Rayneval sets out a number of technical elements of the Law of Nations as well, including the acquisition of territory, of boundaries, of the treatment of foreigners, of the law of the sea, of reprisals, and of the titles and rank of diplomatic agents.

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

scholarly journals ADMINISTRACIÓN PÚBLICA, CONSTITUCIÓN ESPAÑOLA Y PORTUGUESA Y DERECHOS FUNDAMENTALES EN LA PENÍNSULA IBÉRICA

2019 ◽  
Vol 1 (54) ◽  
pp. 1
Author(s):  
Rubén Miranda GONÇALVES ◽  
Rui Miguel Zeferino FERREIRA
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
Fundamental Rights ◽  
Executive Power ◽  
Essential Characteristic ◽  
Palabras Clave ◽  
The Law ◽  
The One ◽  
Península Ibérica

RESUMEN La característica esencial de un Estado de Derecho es el sometimiento de los diferentes poderes públicos al imperio de la ley. Por ello, tanto el poder ejecutivo, como el legislativo y el judicial están sometidos a la ley. Aún así no son los únicos, puesto que los ciudadanos y la propia Administración Pública no son ajenos a ello y también están obligados a cumplir la ley. El propio término Estado de Derecho lleva implícito el de derechos fundamentales, pues sin ellos, no podríamos hablar de Estado de Derecho. PALABRAS CLAVE: Estado; Derechos Fundamentales; Derecho Administrativo; Derecho Constitucional; Gobierno; Derecho Público.  ABSTRACT The essential characteristic of a State of Right is the submission of the different public powers to the empire of the law. Thus, so much the executive power, as the legislative and the judicial are submitted to the law. Still like this are not the only, since the citizen and the proper Public Administration aren’t extraneous to this and also are forced to fulfill the law. The proper term Been of Right carries implicit the one of fundamental rights, so without them, couldn’t speak of State of Right. KEYWORDS: State; Fundamental Rights; Administrative Law; Constitutional Law; Govern; Public Law. RESUMOA característica essencial de um Estado de Direito é a submissão dos diferentes poderes públicos ao estado de direito. Portanto, ambos os poderes executivo, legislativo e judiciário estão sujeitos à lei. Mesmo assim, não são os únicos, pois os cidadãos e a própria Administração Pública não são alheios a isso e também são obrigados a cumprir a lei. O termo "Estado de Direito" em si implica o dos direitos fundamentais, porque sem eles, não poderíamos falar do Estado de Direito.PALAVRAS-CHAVE: Estado; Direitos fundamentais; Direito Administrativo; Direito Constitucional; Governo; Direito Público. 

scholarly journals HUKUM ADMINISTRASI NEGARA SEBAGAI HIMPUNAN PERATURAN-PERATURAN ISTIMEWA

to-ra ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 37
Author(s):  
Chandra Aritonang
Keyword(s):  
Criminal Law ◽  
Public Interest ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Public ◽  
State Administration ◽  
The Law

Abstract State Administration in every action must be based on law to solve and resolve the problem mentioned above or there is no law. The State Administration can be forced to use its authority to revoke regulations. Administration as a law maker in its application when related to legal systematics has caused controversial matters in essence State Administration is part of public law, so that all actions in the application based on its function are solely intended for and in the public interest, this is no different from the law State Administration, Criminal Law and Others. A situation can lead to deviations from the State administration of the systematics of law. Therefore the State Administrative Law as a set of special regulations.   Keywords: state administration; public law; special regulations.  

STATUS ADMINISTRACYJNOPRAWNY KOŚCIOŁA KATOLICKIEGO W POLSCE (PRZYCZYNEK DO DYSKUSJI)

2017 ◽  
Vol 13 (`1) ◽  
pp. 21-28
Author(s):  
Jarosław Dobkowski
Keyword(s):  
Public Administration ◽  
Catholic Church ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Religious Organization ◽  
The Status ◽  
Legal Position ◽  
The Catholic Church

The article is preliminary and includes proposals to include the legal position of the CatholicChurch from the perspective of Polish administrative law. Discourse were the status of the CatholicChurch in Poland from the perspective of its possible qualification as a self-religious or socialorganization performing tasks in the field of public administration. It was assumed that after all thisis a religious organization under public law. They were treated with the Catholic Church in Poland,as an entity of public administration that performs these tasks on the principle of decentralization,and not as a so-called. the administrative performing so. function commissioned. Public tasksCatholic Church does on its own behalf and on their own responsibility, not on behalf of and forthe benefit of the state. Is, therefore, a corporation governed by public law with special status.

Administrative Law

2017 ◽  
Author(s):  
Mark Elliott ◽  
Jason N. E. Varuhas
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
Legal Rules ◽  
Administrative Action ◽  
The Status ◽  
The Subject ◽  
The Relationship ◽  
Comprehensive Coverage

Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. This book provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, the text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. Topics covered include: jurisdiction, the status of unlawful administrative action, public law principles, abuses of discretion, fairness, remedies, and the liability of public authorities.

Public Law Directions

2019 ◽  
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Practical Importance ◽  
Public Law ◽  
Practical Application ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Individual ◽  
The Uk ◽  
The Relationship

Public Law Directions provides a balance of depth, detail, context, and critique. The aim is to empower readers to evaluate the law, understand its practical application, and confidently approach assessments. The text offers scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear. It shows readers when and how to critically evaluate the law by introducing the key areas of debate and encourages a questioning attitude towards the law. Topics covered include: the UK constitution; constitutional principles and values; power in the UK including an examination of the three arms of state; an analysis of the relationship between the individual and the state; and a close examination of human rights, including a look at the Human Rights Act 1998.

scholarly journals THE NEED FOR RESEARCH ON PUBLIC SUBJECTIVE RIGHTSOF PERSONS WITH DISABILITIESFROM THE PERSPECTIVE OF POLISH ADMINISTRATIVE LAW

2017 ◽  
Vol 28 (1) ◽  
pp. 41-65
Author(s):  
Tomasz Sienkiewicz
Keyword(s):  
Common Good ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Body ◽  
Persons With Disabilities ◽  
The Common Good ◽  
Privileged Position ◽  
The Common ◽  
The Law

When dealing with citizens, public administration has numerous opportunities for abuse of its privileged position. The study of public subjective rights of disabled persons in public law is important because the relation under administrative law is not an equal relation. The state is always the stronger party. When a party to this relation is a person with a dysfunction of the body, a situation is created which is highly unfavourable for this person because of the natural tendency of the state system (including public authorities) to use its privileged position. This can result in actual discrimination of persons with disabilities. The purpose of the law is the common good and welfare of individual persons. Respecting the welfare of persons with disabilities in the public law guarantees the realization of the common good. One can not create the law while ignoring the rules governing human life. As Petrażycki wrote, “the highest good to which we should strive in policy in general and legal policy in particular – is the moral development of man and the rule of highest rational ethics among human beings, namely, the ideal of love” (Petrażycki, 1968, translation mine).

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