The Negligence Liability of Public Authorities, Second Edition

2019 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Dan Squires QC
Keyword(s):  
Social Services ◽  
Emergency Services ◽  
Legal Issues ◽  
Public Authorities ◽  
The Public ◽  
Authoritative Text ◽  
Public Nature ◽  
The Usa ◽  
The Law ◽  
The Many

Whether, and in what circumstances, public authorities should be held liable for negligence in the performance of their public functions is a highly complex area of the law. Written by Cherie Blair and Dan Squires QC, the first edition of The Negligence Liability of Public Authorities provided a much needed guide to these complexities and offered a detailed account of the law for practitioners and academics. This second edition builds on the reputation of the first, including full coverage of the many important cases which have been decided since 2006. Divided into two parts, Part I focuses on the extent to which the public nature of a defendant affects civil liability and the principles that govern and limit that liability. Part II considers the law as it impacts upon specific areas of public authorities' activities. It examines cases in a range of key areas, including the police, social services, highways, education, and the emergency services and aims to set out in a comprehensive way the different legal issues that have arisen in each area. By examining cases in a variety of jurisdictions, including Australia, Canada, South Africa, New Zealand and the USA, the authors further broaden the scope of this authoritative text. The book also identifies the underlying principles and policy arguments which have shaped the law more generally, making it an extremely useful resource for a wide variety of practitioners.

MECHANISM OF PROVISION OF SOCIAL SERVICES AS AN ESSENTIAL FACTOR OF SELF-ORGANIZATION OF SOCIETY AND CIVIL INITIATIVE

2021 ◽  
Author(s):  
Kosukhina K.V.
Keyword(s):  
Civil Society ◽  
Social Services ◽  
Self Organization ◽  
Essential Factor ◽  
Public Authorities ◽  
The Public ◽  
The Government

The article is devoted to the analysis of the development of public initiatives in Ukraine, as well as their role in building a dialogue between the government and civil society. The connection of the public initiative with the provision of social services is considered. The interaction of civil society institutions with public authorities is determined.

scholarly journals Atuação das organizações sociais na administração dos serviços de saúde: eficiência e seu instrumento de concretização do direito fundamental a saúde - Action of social organizations in the administration of health services

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Garbini Both ◽  
André Rodrigues Meneses
Keyword(s):  
Social Services ◽  
Public Interest ◽  
Economic Sector ◽  
Public Authorities ◽  
Private Partnership ◽  
The Public ◽  
Social Organizations ◽  
The Subject ◽  
Article 5 ◽  
Percentage Data

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>

scholarly journals A New Public Nature: Parks, Plants, and Periodicals In The Nineteenth Century

2021 ◽  
Author(s):  
Mark Sardella
Keyword(s):  
Nineteenth Century ◽  
Medical Doctors ◽  
The Public ◽  
Financial Failure ◽  
New Public ◽  
Public Nature ◽  
Complete Failure ◽  
Nature Parks ◽  
The Many ◽  
Botanical Magazine

In 1798, William Curtis published the sixth and last volume of Flora Londinensis, a beautifully coloured catalogue of over 400 plants that grew in London and in its nearby fields. Less than 300 copies were sold, and while the book was considered scientifically important, it was a financial failure (Field 106). Firstly, Flora Londinensis was prohibitively expensive because of its coloured plates, and secondly, the many illustrations of wild grasses and common plants included in the book failed to interest an audience outside of a small group of medical doctors and aristocratic hobby-botanists. The project, however, was not a complete failure for Curtis. While publishing Flora Londinensis, Curtis launched a considerably more successful, similarly formatted periodical for a slightly broader audience called Botanical Magazine. Botanical Magazine featured coloured plates of newly discovered exotic plants that satisfied the tastes of the public. It was published in thin issues containing only three plates each, and at a price of one shilling per monthly issue, Botanical Magazine was affordable enough for more readers to justify paying for the magazine’s exciting, colourfully illustrated content.

Competences of Public Administration of the Slovak Republic in the Area of Defense

2020 ◽  
Vol 11 (2) ◽  
pp. 151-165
Author(s):  
Ryszard Szynowski
Keyword(s):  
Public Administration ◽  
Political Power ◽  
Slovak Republic ◽  
The State ◽  
Self Administration ◽  
The Public ◽  
Government Administration ◽  
The Law ◽  
The Government ◽  
The Many

In one of the many definitions of public administration it was stated that it is the fulfillment of individual and collective needs of citizens, resulting from the co-existence of people in society, realized by the state and its dependent organs. One of the needs of an individual is the need for safety. Ensuring the safety of citizens is realized by the public administration, due to its service to the society as an executive apparatus possessing a democratic mandate of political power, in service of the law created by said organs. A particular role in the area of defense belongs to authoritative administration, which performs tasks including reversing risks and removing dangers, including the realization of tasks and undertakings aimed at military preparation in case of war. The aim of the following article is to present the tasks and competences in the area of protecting the President, the government, government administration officials on duty and local self-administration of the Slovak Republic. Various methods have been used to reach the pre-determined goal, primarily the method of document investigation, which made it possible to gather, sort, describe and scientifically interpret the legal acts of the Slovak Republic regarding defensive matters.

scholarly journals Communications, contacts, ethics and the mysterious slow death of the contemporary police reporter

2007 ◽  
Vol 13 (1) ◽  
pp. 59-74
Author(s):  
Philip Castle
Keyword(s):  
Personal Experience ◽  
Emergency Services ◽  
Public Affairs ◽  
Fourth Estate ◽  
The Public ◽  
The Media ◽  
The Law ◽  
Almost All ◽  
Official Sources

This article, based on interviews, research and the author’s personal experience in the media for more than 30 years as a police/crime reporter, former Head of Public Affairs for the Australian Federal Police and journalism lecturer, will examine the unique challenges and role of  reporting police/emergency/crime journalism—how it can work and how it can break down. It will particularly examine the mostly unequal relationships between journalists and official sources where the various emergency services, notably the police, trade on releasing selected information and avoid releasing information if it is unfavourable or inconvenient. It will cover the important aspects of sources, both official and unofficial, on and off-the-record agreements, anonymous sources, ethically and unethically obtained material and the all important overriding considerations of the law including criminal processes, defamation, sub judice, jurisdictional restrictions, pre-trial publicity and trial by the media. These stories can challenge even the most experienced journalist placing demands on almost all of their skills. If done properly, journalists can fulfil the paramount responsibility of informing the public on critical matters and maintaining the media’s role of being an effective Fourth Estate.

scholarly journals A New Public Nature: Parks, Plants, and Periodicals In The Nineteenth Century

2021 ◽  
Author(s):  
Mark Sardella
Keyword(s):  
Nineteenth Century ◽  
Medical Doctors ◽  
The Public ◽  
Financial Failure ◽  
New Public ◽  
Public Nature ◽  
Complete Failure ◽  
Nature Parks ◽  
The Many ◽  
Botanical Magazine

In 1798, William Curtis published the sixth and last volume of Flora Londinensis, a beautifully coloured catalogue of over 400 plants that grew in London and in its nearby fields. Less than 300 copies were sold, and while the book was considered scientifically important, it was a financial failure (Field 106). Firstly, Flora Londinensis was prohibitively expensive because of its coloured plates, and secondly, the many illustrations of wild grasses and common plants included in the book failed to interest an audience outside of a small group of medical doctors and aristocratic hobby-botanists. The project, however, was not a complete failure for Curtis. While publishing Flora Londinensis, Curtis launched a considerably more successful, similarly formatted periodical for a slightly broader audience called Botanical Magazine. Botanical Magazine featured coloured plates of newly discovered exotic plants that satisfied the tastes of the public. It was published in thin issues containing only three plates each, and at a price of one shilling per monthly issue, Botanical Magazine was affordable enough for more readers to justify paying for the magazine’s exciting, colourfully illustrated content.

scholarly journals PENYULUHAN KEPEMIMPINAN DAN BANTUAN HUKUM BAGI MASYARAKAT MARGINAL DI DESA ANTARA

2018 ◽  
Vol 1 (2) ◽  
pp. 9-14
Author(s):  
Rina Hayati ◽  
Khairun Nisa ◽  
Syahriani Sirait
Keyword(s):  
Legal Issues ◽  
Positive Contribution ◽  
Legal Aid ◽  
Application Form ◽  
Knowledge Community ◽  
The Public ◽  
Future Expectation ◽  
The Law ◽  
The Right ◽  
The University

Abstrak: Bentuk aplikasi dari serangkaian teori pendidikan yang telah dipelajari di dalam kampus tentunya akan lebih bermanfaat apabila teori-teori ilmu tersebut kita bagi kepada masyarakat. Kegiatan inilah yang disebut dengan pengabdian kita kepada masyarakat. Sebagai seorang akademisi baik dosen dan mahasiswa harus mampu bekerjasama dalam meujudkan Tri Darma perguruan tinggi dimana tempat kita membagi dan menimba ilmu pengetahuan. Pengabdian kepada masyarakat adalah tindakan nyata yang dapat kita lakukan untuk menambah wawasan masyarakat terhadap informasi yang akan kita bagikan, sehingga membawa kontribusi positif dalam masyarakat. Apalagi sekarang lagi hangat-hangatnya memperbincangkan tentang pemilihan kepala daerah, oleh karena itu penyuluhan tentang kepemimpinan dianggap perlu untuk di sosialisasikan kepada masyarakat. Harapan kedepannya adalah masyarakat mampu memilih pemimpin yang dapat menjadi contoh baik dalam setiap tindakan dan perkataannnya. Masyarakat diharapkan lebih hati-hati dalam memilih calon kepala daerah, tidak mudah terpengaruh citra dan kekuasaan yang dapat mendatangkan kerudian dalam masyarakat itu nantinya. Selain itu masyarakat tidak perlu takut terhadap tekanan yang mungkin saja datang untuk memaksa memilih jagoan mereka, masyarakat harus mendapatkan pencerahan tentang bagaimana hukum itu berlaku di kalangan masyarakat. Untuk itu selain membahas masalah kepemimpinan Universitas asahan juga bekerjasama dengan Yayasan Lembaga Bantuan Hukum – Cakrawana Nusantara Indonesia untuk memberi pemahaman kepada masyarakat tentang hukum, apa yang harus dilakukan masyarakat apabila tersangkut permasalahan hukum di lingkungannya, mengetahui hak dan kewajibannya dalam mentaati hukum tersebut. Harapan terbesarnya masyarakat di desa antara tidak tabu lagi terhadap permasalahan hukum, masyarakat desa antara berani untuk menghadapai permasalahan hukum yang mereka hadapi, masyarakat desa antara mampu memilih pemimpin yang tepat untuk memimpin daerah mereka.Kata kunci: Kepemimpinan, Bantuan Hukum, Masyarakat Marginal Abstract: The application form of a series of educational theories that have been studied on campus will certainly be more useful if the theories of science are shared for the community. This activity is called our devotion to the community. As an academic both lecturers and students should be able to work together in realizing Tri Darma college where we share and gain knowledge. Community service is a real action that we can do to increase society's insight into the information we will share, thus bringing a positive contribution to society. Especially now more warmly discussed about the election of regional heads, therefore counseling about leadership is considered necessary for the socialization to the community. The future expectation is that people are able to choose leaders who can be good examples in every action and perfomance. The community is expected to be more careful in choosing candidates for regional heads, not easily influenced by the image and power that can bring in the society later. In addition people should not be afraid of the pressures that might come to force their heroes, the public should get an enlightenment about how the law applies to the public. In addition to discussing the issue of leadership, the University of Asahan also cooperates with the Legal Aid Foundation - Cakrawana Nusantara Indonesia to provide an understanding to the public about the law, what should the community do when it comes to legal issues in its environment, knowing its rights and obligations in complying with the law. The greatest hope of the community in the village between no longer taboo on legal issues, the villagers between daring to face the legal problems they face, the villagers between able to choose the right leader to lead their area.Keywords: Leadership, Legal Aid, Marginal Society

Legal consequences of refusal of public procurement authority to conclude the contract with the winner of the competitive procurement procedure

2021 ◽  
pp. 60-68
Author(s):  
S. S. Dombaev
Keyword(s):  
Public Procurement ◽  
Best Interests ◽  
Federal Law ◽  
The Public ◽  
Public Nature ◽  
The Law ◽  
Procurement Procedure ◽  
Legal Consequences ◽  
Legal Entities

This article proposes to consider the debatable question regarding the legal consequences associated with the refusal of public procurement authority to conclude an agreement with the winner of the competitive procurement procedure conducted in accordance with the Federal Law dated 18.07.2011 No. 223 — FZ “On the procurement of goods, work, services by certain types of legal entities” (hereinafter — “Law No. 223”, the Law on Corporate Procurement). The article doubts the attempts to justify from the current legislation standpoint the existence of the obligation of the public procurement authority to conclude an agreement with the winner of the competitive procurement procedure provided with the possibility of judicial enforcement. In the absence of such an obligation, the author suggests to review the legal measures available to the winner of the competitive procurement procedure in order to protect its interests. At the same time, the article states that such measures are insufficient to the best interests of the winner of the competitive procurement procedure and does not comply with the public nature of relations in the field of corporate procurement. It is proposed to amend the Law on Corporate Procurement to eliminate these inconsistencies.

13. Treatment of the Aged

2019 ◽  
pp. 440-461
Author(s):  
G. T. Laurie ◽  
S. H. E. Harmon ◽  
E. S. Dove
Keyword(s):  
Social Services ◽  
Old Age ◽  
Well Being ◽  
The Elderly ◽  
Legal Issues ◽  
The Public ◽  
Regulatory Changes ◽  
The Social ◽  
Ethical And Legal Issues ◽  
Public Bodies

This chapter discusses some of the ethical and legal issues associated with the very difficult practice of treating the elderly, grounding the discussion in the tension between autonomy and paternalism. It is emphasised that this complex and fragmented field is still undergoing significant regulatory changes as a result of the Care Act 2014, the Social Services and Well-being (Wales) Act 2014, and the Public Bodies (Joint Working) (Scotland) Act 2014. It also covers the elder incapax and dying from old age.

Dziedzictwo prawne Leona Petrażyckiego w nowoczesnej doktrynie prawnej Ukrainy

2018 ◽  
Vol 74 ◽  
pp. 163-184
Author(s):  
Wasyl W. Kostytsky
Keyword(s):  
Social Life ◽  
Sociological Theory ◽  
Psychological Theory ◽  
Legal Issues ◽  
Moral Imperative ◽  
Public Authorities ◽  
Legal Studies ◽  
Depth Analysis ◽  
Research Findings ◽  
The Law

The paper aims to study the work of Leon Petrazycki and analyze modern Ukrainian scholars’ opinions on Petrazycki’s scientific achievements. This study focuses on Petrazycki’s work, his psychological theory, in particular, in view of our own perspective on the law and within the framework of our theological and sociological theory, which considers the law as a social life phenomenon and regards moral imperative of the Almighty God as the basis of law. Every civilization communicates moral imperative through sacred writings (the Ten Commandments in Christian Bible, six hundred and seven rules in Jewish Torah, seventy-two rules in Muslim Quran). It is within the framework of this moral imperative that the society and the state develop the law. The paper addresses the modern absurdity and at the same time antinomy of law, lying in the fact that there is more and more law in the society but less and less law in life of an individual due to the fact that states rapidly upscale rulemaking, but laws are becoming less accessible to an individual. This study draws on conceptual issues of Petrazycki’s theoretical heritage, fundamental principles of his psychological theory, as well as connection between law and morality, described by Petrazycki, which are the spiritual heritage of society. The most important issues of Petrazycki’s work, in our opinion, are studying the nature of law, balance of emotion and intellect, official and intuitive, desirable and actual components in law, as well as subjective and objective law, law policy and power. The paper reveals that assessment of Petrazycki’s work in modern Ukrainian legal studies is ambivalent: from sharply critical (Prof. P. Rabinovich), compliant with Russian (O. Timoshina (St. Petersburg)) approach and critical yet positive perception of Petrazycki’s psychological theory (S. Maksymov, O. Merezhko, M. Kuz, O. Stovba) to admiration for Petrazycki’s genius, whose work was ahead of his time (I. Bezklubyi, N. Huralenko, V. Dudchenko, O. Rohach, M. Savchyn, V. Tymoshenko). Thus, the research findings suggest that Petrazycki’s work belongs not only to the past, but also to the present and future of jurisprudence, sociology, psychology, economics. Further in-depth analysis of Petrazycki’s heritage will contribute to more accurate diagnosis of urgent legal issues in social development of modern Ukraine, real assertion of personocentrism as a postulate of contemporary theoretical jurisprudence and guidelines for public authorities, as well as practical solution to many controversial scientific and legal issues.

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