scholarly journals Wybrane aspekty prawne zapewnienia bezpieczeństwa imprez masowych jako jednego z warunków bezpieczeństwa publicznego

2016 ◽  
Vol 106 ◽  
pp. 231-243
Author(s):  
Dariusz Wykrent
Keyword(s):  
Legal System ◽  
Public Safety ◽  
Case Law ◽  
The Law ◽  
Legal Security ◽  
Mass Events

SELECTED ASPECTS OF THE LEGAL SECURITY OF MASS EVENTSThe article presents some aspects of the legal system in Poland relating generally to the complex issues of security, and in particular to the specific — due to the form and features of occurrence — security of mass events. Starting from the existing literature in terms of security and public safety, the article discusses the constitutional and statutory regulations, including those related to them, some interpretations and case law, with particular reference to the law on mass events security.

Stone Roots, Digital Leaves: Czech Law against Unfair Competition in the Internet Era

2008 ◽  
Vol 33 (2) ◽  
pp. 155-180 ◽  
Author(s):  
Radim Polčák
Keyword(s):  
Legal System ◽  
Case Law ◽  
Unfair Competition ◽  
The Internet ◽  
Business Practices ◽  
Black Letter ◽  
The Law ◽  
Legislative Changes ◽  
Further Development

AbstractThe law against unfair competition is traditionally understood in countries of the Alpine legal system as extraordinary and unconventional. Unlike other legal disciplines, it does not rely on black-letter law; it is less formal and less legislatively elaborative in detail. Thus, progress and development in this area is not a matter for the legislator but for broad practically-driven doctrinal work connected to contemporary case law. When the Internet brought new opportunities in the development of business ventures, Czech law against unfair competition did not react with legislative changes but by the further development of standard interpretational patterns. In this article, we will briefly describe the grounds as well as recent related developments in the Czech law against unfair competition connected to unfair business practices on the Internet.

The Effect of Foreign Law on the Law of Israel: Remnants of the Ottoman Period

1975 ◽  
Vol 10 (2) ◽  
pp. 192-206 ◽  
Author(s):  
Daniel Friedmann
Keyword(s):  
Legal System ◽  
Case Law ◽  
Legal Norm ◽  
Legal Systems ◽  
Historical Source ◽  
Foreign Law ◽  
Local Law ◽  
The Law

This series of articles is intended to deal with one aspect of the sources of Israel law, namely the influence of foreign legal systems and principles derived therefrom on Israel law and on the attempt in recent years to independent creation of local law.Foreign law constitutes on occasion an actual legal source for the law of Israel. This occurs when a local enactment refers to foreign law and makes it applicable in certain situations. In such case the foreign law which we are to apply constitutes an obligatory legal norm in Israel and is, in fact, part of the Israel legal system. In other cases foreign law influences the process of creation of local law but does not constitute a formal source of law in the Israel system. This happens, for example, when Israel case law relies for authority upon some rule established in an American decision (which is, of course, not binding in Israel) or when the Israel legislator is influenced by a principle of law derived from another legal system. We might say there that the foreign law is an historical source for the Israel rule.

Part 2 Specific Issues of Arbitration in Brazil, 7 Non-signatories

2020 ◽  
Author(s):  
Speradino Felipe Vollbrecht
Keyword(s):  
Legal System ◽  
Case Law ◽  
Contract Law ◽  
Vital Role ◽  
Exclusive Jurisdiction ◽  
Lower Courts ◽  
The Law

This chapter studies situations under Brazilian law in which a non-signatory may be bound by an arbitration agreement to which it was not originally a party. It also discusses relevant principles in Brazilian Contract Law and Brazilian Arbitration Law, as well as the case law of the Brazilian Superior Tribunal of Justice (STJ). The STJ plays a vital role in the Brazilian legal system, as it (i) sets out the jurisprudence to guide the lower courts; and (ii) amends and harmonizes the decisions of the lower courts, where needed. The STJ also retains exclusive jurisdiction to recognize and enforce foreign awards in Brazil. When does Brazilian law become relevant to ascertain questions of binding a non-signatory to arbitration? The law applicable to the arbitration agreement is the relevant law for the purpose of deciding whether (and in which circumstances) a non-signatory can be bound to arbitration. In situations where the parties have agreed that the law applicable to the arbitration agreement is the law of Brazil, the issues of (i) whether a non-signatory can be compelled to arbitrate or (ii) whether a non-signatory can intervene in an arbitral procedure will, of course, be tested against this law.

SAFETY OF MASS EVENTS IN INTERNAL SEA WATERS

2020 ◽  
Vol XIV ◽  
pp. 1-2
Author(s):  
Robert Sudenis
Keyword(s):  
Everyday Life ◽  
Public Safety ◽  
Police Station ◽  
Special Place ◽  
The Law ◽  
The Right ◽  
Mass Events

Each country has an obligation to provide its society with a sense of broadly understood security. Public safety occupies a special place in this catalogue both in everyday life and at mass events. At such gatherings, the participant has the right to require decent entertainment, a good atmosphere, but above all the awareness that his property, health and life will not suffer. One has the right to expect this without wondering who is responsible for his safety at this place and time. Additionally, he has the right to believe that the event organizer has fulfilled all his duties. The above article focuses on changes in the approach to securing mass events and actions aimed at introducing statutory regulations on this issue. The manner in which the police conducted their duties due to imposed changes to the law on the security of mass events and the Police Act was analysed. The role of the Water Police Station in protection of public safety and order in waters intended for general use was also indicated, especially in the context of securing mass events of an artistic and entertainment nature.

Romans 8: Dead to the Law, Alive in the Spirit

2013 ◽  
Vol 9 ◽  
Author(s):  
Tyler Lohse
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Interpretive Theory ◽  
The Law ◽  
Interpretive Strategies ◽  
Civil Death ◽  
Romans 8

This essay comments on the nature of the language of the law and legal interpretation by exam- ining their effects on their recipients. Two forms of philosophy of law are examined, legal positiv- ism and teleological interpretive theory, which are then applied to their specific manifestations in literature and case law, both relating to antebellum slave law. In these cases, the slave sustains civil death under the law, permissible by means of these legal interpretive strategies.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

PLACE OF JUDICIAL PRECEDENT IN THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION

Globus ◽  
2020 ◽  
Author(s):  
Marina Sharifovna Kiyan ◽  
Viktoriya Valerevna Klimentenko
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Case Law ◽  
Major Focus ◽  
Legal Study ◽  
Theoretical Approaches ◽  
The Russian Federation

This article discusses a comprehensive theoretical and legal study of the place of case law in the system of sources of law of the Russian Federation. The major focus is devoted to the analysis of various theoretical approaches and court acts that allow to determine the role of case law in the Russian legal system. The conclusion is made that it is necessary to define legally the role of case law and determine its place in the Russian legal system

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