Statutory Protection for Retail Workers in Scotland

2021 ◽  
pp. 002201832110208
Author(s):  
Robert Shiels

The Scottish Parliament has passed an Act making provision for the statutory protection for retail workers, and that law includes the creation of a new offence. The provision is said to be necessary as the retail workers are subjected to criminal conduct when required to ask for proof of age. That request resulted, it is said, in the retail workers at that point acting in the public interest.

Author(s):  
Ivanna Kyliushyk

The author of the book research the interaction of politics and law as two important social regulators that have a common goal the effective development of society. The author defines the real models of interaction between politics and law, which have formed in Ukraine and the Republic of Poland in the process of social transformation, and the creation of an appropriate model, which should be based on the goal of ensuring the public interest.


Author(s):  
Kevin M. Baron

This chapter delves into the depths of one of the most important developments within modern American politics, the creation and institutionalization of executive privilege. In facing a fervent Congress in the grips of McCarthyism, Eisenhower issued a letter denying testimony to the Senate for the Army-McCarthy hearings. His letter included a memo from Attorney General Brownell that claimed the president had an inherent constitutional privilege to deny information to Congress or the public if it was in the public interest and for national security. This action institutionalized the Cold War Paradigm in the executive branch and created an extra-constitutional power for the president. Eisenhower issued several executive orders concerning classification and public dissemination of government information, along with the creation of the Office of Strategic Information (OSI) within the Commerce Department to oversee these policies. Eisenhower claimed historic precedent to justify his inherent constitutional power, regardless, it showed a learned response that changed executive power. Congress would respond in 1955 by creating the Special Subcommittee on Government Information chaired by Rep. John Moss, given jurisdiction for oversight on all executive branch information policies and practices. With the issue of freedom of information institutionalized in Congress, a 12-year legislative power struggle would unfold between Congress and the White House ending with the passage of the Freedom of Information Act in 1966.


The principal focus of Chapter 19 is on the statutory protection from victimization of employees and other ‘workers’ who disclose information in the public interest under the provisions introduced into employment legislation by the Public Interest Disclosure Act 1998. It describes the purpose and scheme of the provisions (in their original form and as amended in 2013), and explains key concepts such as ‘protected disclosure’, ‘qualifying disclosure’ and ‘worker’. It then outlines the procedures and remedies applicable in the event of unfair dismissal or subjection to detriment for making a protected disclosure. How the legislation works in practice is illustrated by reference to cases decided in employment tribunals, the Employment Appeal Tribunal, and the higher courts. The chapter also takes a brief look at whistle-blowing duties imposed on auditors and actuaries of financial institutions and persons involved in administering pension schemes following the BCCI and Maxwell affairs in the 1990s.


This chapter traces the history of public service television. The history of British public service broadcasting policy in the 20th century is characterized by a series of very deliberate public interventions into what might otherwise have developed as a straightforward commercial marketplace. The creation of the BBC, the launch of an ITV network required to produce public service programming, and the addition of the highly idiosyncratic Channel 4 gave the UK a television ecology animated by quality, breadth of programming and an orientation towards serving the public interest. At each of these three moments, the possibilities of public service television were expanded and British culture enriched as a result. The 1990 Broadcasting Act and the fair wind given to multichannel services may have ended the supremacy of the public service television ideal. However, public service television has survived, through the design of the institutions responsible for it, because of legislative protection, and as a result of its continuing popularity amongst the public.


2020 ◽  
Vol 23 (2) ◽  
pp. 413-429
Author(s):  
Muthucumaraswamy Sornarajah

Abstract Resistance to the law made through expansionist interpretation of investment treaties by arbitral tribunals has led to the disintegration of the resulting structure of investment protection. The creation of an inflexible system of investment protection through arbitral interpretation undermines the exercise of power of states to take measures to protect the public interest. The process of disintegration of this unjust system must be hastened through the creation of new norms that ensure that obligatory rules deter the misconduct of multinational investors. If investment treaties are necessary, the regulatory power of states to promote the public interest should be given priority over investment protection.


2021 ◽  
Vol 118 (41) ◽  
pp. e2116647118
Author(s):  
Marcia McNutt ◽  
France A. Córdova ◽  
David B. Allison

We announce the creation of a new body within the National Academies of Sciences, Engineering, and Medicine called the Strategic Council for Research Excellence, Integrity, and Trust, charged with advancing the overall health, quality, and effectiveness of the research enterprise across all domains that fund, execute, disseminate, and apply scientific work in the public interest. By promoting the alignment of incentives and policies, adoption of standard tools, and implementation of proven methods, the Strategic Council seeks to optimize the excellence and trustworthiness of research for the benefit of society.


1983 ◽  
Vol 42 (1) ◽  
pp. 118-149
Author(s):  
Ian Eagles

The rules governing the exclusion of evidence in the public interest are usually discussed as if they were wholly the creation of the common law. Nothing could be further from the truth. There is a submerged statutory underside to Crown privilege, an underside which is no less important for being hitherto largely invisible to the judicial eye. More than 100 Acts and statutory instruments restrict the use which government departments and other public bodies may make of the information they acquire. Each such Act or instrument is a potential barrier to the use of the information in the courtroom. Just why this vast mass of legislation should have remained for so long forensically invisible is not immediately apparent. It is true that most of it was drafted to regulate disclosure outside the courtroom and its evidentiary provisions are often tucked away in obscure subsections whose import may be unclear to those administering the Acts.


1999 ◽  
Vol 3 (2) ◽  
pp. 151-175 ◽  
Author(s):  
Donna W McKenzie Skene ◽  
Jeremy Rowan-Robinson ◽  
Roderick Paisley ◽  
Douglas J Cusine

Land reform is currently an issue of great importance in Scotland. The Scottish Law Commission has issued a Discussion Paper on Real Burdens and its Report on Abolition of the Feudal System. The Government has indicated that it intends to bring before the Scottish Parliament legislation implementing that report and also legislation on access, the introduction of National Parks in Scotland and the reform of Sites of Special Scientific Interest. The Land Reform Policy Group submitted its final proposals on rural land reform in January 1999 and recommended wide-ranging reforms. An important part of the land reform debate concerns greater recognition of the public interest. One way in which it has been suggested the public interest could be secured is through a redefinition of private rights of ownership and the imposition of an obligation of stewardship on those who own, occupy or otherwise manage land. This article considers briefly the form which such an obligation of stewardship might take, and examines the possible mechanisms by which any such obligation could be incorporated into Scots law and the effectiveness of these possible mechanisms in securing the public interest. It concludes that if the rhetoric of stewardship is to be made into a reality, this can only be achieved by altering the nature of landownership itself.


2018 ◽  
Vol 1 (3) ◽  
pp. 831
Author(s):  
Adad Adad ◽  
Widayati Widayati

The existence of the Notary institution based on the needs of the community in making authentic act as a binding evidence. Notary role in serving the public interest is providing services in deed and other tasks that require the services of a Notary. Deed issued by Notary ensuring legal certainty for the public. Notaries have a role as well in running the legal profession can not be separated from the fundamental issues relating to the functions and role of the law itself. The authority Notary as stated in Article 15 UUJN is made the authentic act on all deeds, agreements, and provisions required by legislation and / or desired by an interested party, to be stated in an authentic deed, guaranteeing the creation date of the deed, saving certificates, provide a copy, and official copies, all along the deed is not assigned or excluded to officials or other persons specified by law. Notaries also authorized to certify the signatures and set a firm date of a letter under the hand by enrolling in a special book (legalization). Besides qualify predetermined law in order for a certificate to be authentic, a Notary in his duties shall carry out their duties with discipline, professional and moral integrity should not be in doubt. What is stated in the beginning and end of the deed is the responsibility of the notary is a phrase that reflects the true situation at the time of a deed. As stated in Article 65 UUJN: "Notary, Substitute Notary, Special Substitute Notary, and Acting Notary responsible for any deed that is made despite the Protocol Notary has been assigned or transferred to the storage Notary Protocol.Keywords: Inspection Process; Notary; Witnesses.


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