On the Question of the Hierarchy of Legal Orders: Three Examples from Early Carolingian Frisia

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Grigory Borisov
Keyword(s):  
Local Community ◽  
Public Law ◽  
Legal Order ◽  
Legal Consciousness ◽  
Dynamic Processes ◽  
Main Attention ◽  
Royal Power ◽  
Formal Relationship ◽  
Informal Relations ◽  
Important Evidence

The article examines the evidence from sources about the legal orders in historical Frisia, the territory of the modern Netherlands, in the Carolingian era — from 777 to 806. During the Charlemagne’s reign, these territories completely entered the Frankish Realm and were christianized. Therefore, the idea of the hierarchy of legal orders on these lands at the turn of the 8th and the 9th century provides an important evidence for the dynamic processes, going in the legal consciousness of the early medieval society. The sources include the private charters of Liudger, abbot of the monastery Werden an der Ruhr, preserved in the cartulary of the 9th century and in royal diplomas. In the three-parted study are being sequentially examined the charters of land donations to the monastery and the diplomas of Charlemagne, the main attention is focused on the charters of 793 and 802, as well as the diploma of 777. The author makes a conclusion about coexistence of various legal orders in the early Carolingian Frisia: based on personal, informal relations between the donor of the land and its recipient, supported by arguments from public law relations. This order is typical for actions within a local community. The legal order brought into this local world by the royal power through the sovereign's messengers and counts becomes impersonal, uses the concepts of legality and prevails over a larger territory, no longer in micro-, but in mesospaces. Finally, the royal power, in its appeal to counts and other judges of large districts, maintains a public-legal and formal relationship and operates in large macrospaces.

The Principle of Legal Certainty: whether there Can Be Gaps in the Public Law?

2020 ◽  
Vol 2(22) ◽  
pp. 29-36
Author(s):  
Maria A. Kapustina
Keyword(s):  
Social Relations ◽  
Real Life ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Order ◽  
Social Regulation ◽  
Legal Certainty ◽  
The Public ◽  
Legal Literature ◽  
The Moment

Legal regulation is caused by the necessity to provide legal order of social regulation. The legal order of regulation is provided by formal legal certainty of regulatory provisions (legal prescripts) and their legal substance. However, there exist relations, whose content, namely, subjective rights and juridical responsibilities of the parties are not strictly prescribed in the legislative norms. Because a legislator cannot foresee all the variety of social relations that may occur in real life and prescribe their formal and legal substance in corresponding legislative acts. In such cases, we usually talk about gaps in law, about the uncertainty of legal regulation. Gaps are taken for granted, considered as an obligatory element of any legal system. Nonetheless, whether there can be gaps in the public law, if in the public law sphere norms are created purposively? In public law, norms are created purposefully (with a goal in mind), public law institutions are artificially established and rationally modernized. The lack of a norm of a statute can mean the refusal of the legislator to legally regulate the question, at least at the moment. This is so-called in legal literature “qualified silence of the legislator” that should not be considered as a gap in law.

USLUGE I VLADAVINA PRAVA - neka pitanja iz oblasti prava mora i svojevrsnih usluga državama u duhu vladavine prava -

2021 ◽  
Author(s):  
Jasmina Krštenić ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Legal Order ◽  
Law Of The Sea ◽  
International Level ◽  
Related Services ◽  
Future Action ◽  
The Law

Giving attention to the legal relations in special international public law branch which its existence connects to the biggest part of the Planet, unresearched completely, it is absolutely important for modern way of living. In a period of questioning of boundaries and possibilities of future existence of ancient principles of legitimate rule, we need to pay attention to, at least for a glance, issues which tangle the subjects of legal relations regulated by rules under law of the sea. Lot of people use sea routes, a certain part of population of continental states uses the benefits of the sea although they do not ask themselves about order and way of functioning that huge system which demands obeying rules defined on international level. Struggle to reach an agreement was long and difficult, results are visible and used, and agreed terms and established rules, could be changed. It is important to know certain circumstances, some demands and the essence of the agreement reached. The sea as a road, the source of life, and this time, the source of international rules governing legal order on sea’s surface and endless depths. We will get acquainted with the basics of the law of the sea and some sorts of sea related services. We will consider some problems and ways of solving these problems with the provision of proposed guidelines for future action within the framework of the international law of the sea.

5. The Internationalization of Public Law and its Impact on the UK

2019 ◽  
pp. 121-154
Author(s):  
David Feldman
Keyword(s):  
Public Law ◽  
Legal Order ◽  
Democratic Accountability ◽  
The Public ◽  
Legal Standards ◽  
System A ◽  
National Values ◽  
Political Theories ◽  
The World ◽  
The Uk

Municipal public law (by which is meant the public law of national or sub-national polities, including but not limited to local government) is always influenced by events taking place elsewhere in the world and the activities and norms of other polities. For example, the existence of a state depends at least partly on its recognition by other states, and political theories and legal ideas have always flowed across and between regions of the world even if they provoked opposition rather than adoption or adaptation. Yet despite, or perhaps because of, this, any state has good reasons for controlling the introduction of foreign legal and constitutional norms to its own legal order. It is important to check that the norms are compatible with one’s own national values and interests before allowing them to operate within one’s own system. A state which values a commitment to the rule of law, human rights, or democratic accountability is entitled to place national controls over potentially disruptive foreign influences. This chapter considers the nature and legitimacy of those national controls, particularly as they apply in the UK, in the light of general public law standards, bearing in mind that influences operate in both directions, not only between states but also between municipal legal standards and public international law.

Is There a Need for an Amending Power Theory?

1978 ◽  
Vol 13 (2) ◽  
pp. 203-214 ◽  
Author(s):  
Claude Klein
Keyword(s):  
Supreme Court ◽  
Academic Writing ◽  
Public Law ◽  
Case Note ◽  
Legal Order ◽  
Power Theory ◽  
Legal Nature ◽  
The Supreme Court ◽  
Definition Of ◽  
Opinion Writing

In his case note on the famous Bergmann decision of the Supreme Court, Professor Akzin wrote: While the Court's conclusions seem to be perfectly justified and went so far as they could in the circumstances, the reasoning in its decision shows serious flaws… [others] seem to have sprung from the Court's unwillingness to look for help to the very thorough discussion of the issues by several Israeli scholars, notably Messrs. Sternberg, Akzin, Klinghoffer and Rubinstein. The dignity of the Court would not have suffered if the opinion-writing judge had taken a look at academic writing in a case where precedents offer little or no guidance.These remarks probably express the most original view ever put forward on this land mark case. They emphasize the crux of the complex constitutional problem discussed in the Bergmann case, i.e., the definition of the legal nature of the basic laws in the legal order of Israel. The extremely abstract questions involved in that discussion, indeed, the most abstract that exist in public law, concern the definition of the nature of the power which adopts the Constitution and more specifically, of the power which amends the Constitution.

scholarly journals Numerical simulation of dynamic processes in transmission of vehicle

2021 ◽  
Vol 1 (1) ◽  
pp. 38-45
Author(s):  
S.I. Hoodorozhkov ◽  
◽  
A.А. Krasilnikov ◽  
Keyword(s):  
Numerical Simulation ◽  
Systematic Approach ◽  
Power Transmission ◽  
Combustion Engine ◽  
Dynamic Processes ◽  
Main Attention ◽  
Software Packages ◽  
Digital Modeling ◽  
Load Characteristics ◽  
Engine Friction

The article considers the issues of digital modeling of dynamic processes in the transmissions of vehicles. The purpose of this research was to develop an algorithm for numerical mathematical modeling of dynamic processes in the transmissions of transport vehicles using modern digital software packages. The method includes a systematic approach to the study of dynamic processes during switching, based on modeling the operation of the gearbox together with the internal com-bustion engine (taking into account its dynamic, speed and load characteristics). The order of appli-cation of the MATLab – Simulink, Simscape software for numerical simulation of dynamic pro-cesses is considered. Using the fundamental blocks of these applications, models of physical com-ponents are created: the internal combustion engine, friction clutches, gearboxes, elastic shafts, damping devices, and tractor power transmission control systems. A digital model of the tractor transmission is created, its design scheme is given, and the initial characteristics are set. It was used to simulate dynamic processes in the tractor gearbox. The main attention in this paper is paid to the application of the proposed method for calculating the dynamic processes in the gearbox during gear changes under load with forward and reverse switching, including the simultaneous use of several friction clutches.

scholarly journals LAW AS A VALUE, VALUES IN LAW (PART TWO)

2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Culture ◽  
Legal Regulation ◽  
Legal Order ◽  
Legal Consciousness ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Fundamental Values

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.

scholarly journals The Municipal Council in the Polish Local Government Structure: Selected Aspects

2020 ◽  
Vol 6 ◽  
pp. 128-143
Author(s):  
Małgorzata Kmak
Keyword(s):  
Local Government ◽  
Local Community ◽  
Community Members ◽  
Main Attention ◽  
Government Structure ◽  
Daily Lives ◽  
Municipal Council ◽  
Key Issues ◽  
Local Residents ◽  
European Standards

The article presents selected aspects being a consequence of the evolution of local government in Poland. The main attention is focused on the presentation of the structure and competences of the municipal council, in the context of systemic changes of local government. The article is of a review nature character and its aim is to diagnose organisational solutions concerning the municipal council in Poland. The main premise of the article implies that the process of evaluation of the structure and functioning of the municipal council is conditioned by involvement of the local residents who experience its influence on their daily lives, including meeting their needs. Decentralisation and participation of local community members in local government structures such as the municipal council or other bodies are key issues in civil society development. The process of local government evolution has not been completed and localgovernment organisation and functionality does not deviate from European standards.

European and Domestic Law

2017 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
International Law ◽  
Public Law ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Legal Certainty ◽  
European Public ◽  
Domestic Courts ◽  
The Relationship ◽  
Domestic Law

Chapter 4 turns to the domestic law of the countries of Europe, arguing that the combination within European public law of EU law, the law of the ECHR, and of domestic law cannot be conceived of along the lines of a pyramidal hierarchy. The chapter examines the ways in which the different European domestic legal systems conceive of the relationship between international law and domestic law. The chapter then looks at the relationship between international law and domestic law through a constitutional lens, an approach which more and more domestic courts in Europe seem to be adopting. The chapter then turns to the integrated legal order of the European Union, a legal order distinct both from domestic and general international law. Finally, the chapter teases out and analyses four shared guiding principles of European public law: equality and non-discrimination; proportionality; subsidiarity; and legal certainty.

Schmitt, Carl (1888–1985)

2018 ◽  
Author(s):  
David Ludovic Dyzenhaus
Keyword(s):  
Political Philosophy ◽  
Legal Theory ◽  
Public Law ◽  
Legal Order ◽  
Carl Schmitt ◽  
Right Wing ◽  
Liberal State ◽  
Liberal Democratic ◽  
Democratic Constitution

Carl Schmitt was a conservative critic of the Weimar Republic’s liberal-democratic constitution. After Hitler’s rise to power, he allied himself briefly to Nazism, and despite having fallen from favour and having revised his position even before the war, was never able to rehabilitate himself from the Nazi taint. Interned at Nuremberg in 1945, he was never brought to trial, but was banned from teaching thereafter. His critique of liberalism lay in liberalism’s alleged inability to deal with the nature of politics. Schmitt continues to exert a vast influence on German public law, legal theory and political philosophy, as well as on European right-wing thought. His work remains important for liberals and opponents of liberalism for the challenges it poses to the neutrality of the liberal state and its legal order.

Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

10.4335/52 ◽  
2009 ◽  
Vol 6 (2) ◽  
pp. 245-270
Author(s):  
Janez Ahlin
Keyword(s):  
Public Interest ◽  
Public Law ◽  
Public Private Partnership ◽  
Legal Order ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Interests ◽  
Legal Nature ◽  
Concession Contract

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order. KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

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