scholarly journals Samodzielne przedsiębiorstwo komunalne prawa publicznego w systemie publicznoprawnych form organizacyjnych świadczenia usług materialnych przez gminy w Republice Federalnej Niemiec

Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 263-275
Author(s):  
Marcin Miemiec
Keyword(s):  
Twentieth Century ◽  
Federal Republic ◽  
Subject Matter ◽  
Public Law ◽  
Organizational Forms ◽  
Private Law ◽  
Legal Entity ◽  
Law System ◽  
The Public ◽  
The Subject

Independent municipal company under the public law in the public-law system of organizational forms of material services provided by communes in the Federal Republic of GermanyGerman municipalities provide intangible and tangible economic services to the members of their self-governmental municipalities. Intangible and tangible services are provided by entities that are part of the system — under private-law capital companies or public-law administrative companies or other forms of public-law companies that are independent of their municipalities and separated from the municipality executive apparatus. The subject matter of this study is the administrative company, generally referred to as amunicipal company under the public law. In the German terri­torial self-government, it is arelatively new legal entity that was established in the mid-nineties of the twentieth century. Although it has apersonality under the public law, its regime is largely based on capital companies. Compared to other entities — proprietary company or managed company —  it has relatively wide independence of its municipalities. Thus, it is often referred to as aform of inner-municipal decentralization. However, the municipality may have alarger influence on such a company’s organization and functioning compared to capital companies in which it holds shares.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

Interim relief in the public law context

1999 ◽  
Vol 58 (1) ◽  
pp. 1-48
Author(s):  
Nicholas Bamforth
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Public And Private ◽  
The Public ◽  
Private Citizens ◽  
The Subject ◽  
The Individual ◽  
Law Commission

THE remedial aspects of judicial review illustrate in particularly vivid form the divergent nature of public and private law proceedings. The prerogative orders–mandamus, certiorari and prohibition–are available only via judicial review. Leave is required for judicial review but not for private law actions. By contrast with the private law writ procedure, judicial review must be brought promptly and within three months. In judicial review, a remedy can still be denied to the applicant who establishes a substantive case. As the Law Commission made clear in its Report Administrative Law: Judicial Review and Statutory Appeals, “[j]udicial review often involves values and policy interests, which must be balanced against and may transcend the individual interests, which are normally the subject of litigation between private citizens” (Law Com. No. 226, para. 2.1).

User Property, User Rights, and User Privileges

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Public Law ◽  
Copyright Law ◽  
Future Application ◽  
Private Law ◽  
The Public ◽  
Freedom Of Contract ◽  
Competing Interests ◽  
Regulatory Changes ◽  
Law And Policy ◽  
User Property

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.

Private and Public Law

2020 ◽  
pp. 574-592
Author(s):  
Thomas W. Merrill
Keyword(s):  
Law And Economics ◽  
Public Law ◽  
Private Law ◽  
General Criterion ◽  
The Public ◽  
Private Ordering ◽  
Public Rights ◽  
Private And Public ◽  
The Relationship ◽  
Derivatives Of

This chapter explores the relationship between private and public law. In civil law countries, the public-private distinction serves as an organizing principle of the entire legal system. In common law jurisdictions, the distinction is at best an implicit design principle and is used primarily as an informal device for categorizing different fields of law. Even if not explicitly recognized as an organizing principle, however, it is plausible that private and public law perform distinct functions. Private law supplies the tools that make private ordering possible—the discretionary decisions that individuals make in structuring their lives. Public law is concerned with providing public goods—broadly defined—that cannot be adequately supplied by private ordering. In the twentieth and twenty-first centuries, various schools of thought derived from utilitarianism have assimilated both private and public rights to the same general criterion of aggregate welfare analysis. This has left judges with no clear conception of the distinction between private and public law. Another problematic feature of modern legal thought is a curious inversion in which scholars who focus on fields of private law have turned increasingly to law and economics, one of the derivatives of utilitarianism, whereas scholars who concern themselves with public law are increasingly drawn to new versions of natural rights thinking, in the form of universal human rights.

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

Dewey, John (1859–1952)

2018 ◽  
Author(s):  
James Gouinlock
Keyword(s):  
Political Philosophy ◽  
Twentieth Century ◽  
Subject Matter ◽  
John Dewey ◽  
Philosophical Anthropology ◽  
Human Beings ◽  
Common Life ◽  
Material Substance ◽  
The Subject ◽  
Point Of Departure

The philosophy of John Dewey is original and comprehensive. His extensive writings contend systematically with problems in metaphysics, epistemology, logic, aesthetics, ethics, social and political philosophy, philosophy and education, and philosophical anthropology. Although his work is widely read, it is not widely understood. Dewey had a distinctive conception of philosophy, and the key to understanding and benefiting from his work is to keep this conception in mind. A worthwhile philosophy, he urged, must be practical. Philosophic inquiry, that is, ought to take its point of departure from the aspirations and problems characteristic of the various sorts of human activity, and an effective philosophy would develop ideas responsive to those conditions. Any system of ideas that has the effect of making common experience less intelligible than we find it to be is on that account a failure. Dewey’s theory of inquiry, for example, does not entertain a conception of knowledge that makes it problematic whether we can know anything at all. Inasmuch as scientists have made extraordinary advances in knowledge, it behoves the philosopher to find out exactly what scientists do, rather than to question whether they do anything of real consequence. Moral philosophy, likewise, should not address the consternations of philosophers as such, but the characteristic urgencies and aspirations of common life; and it should attempt to identify the resources and limitations of human nature and the environment with which it interacts. Human beings might then contend effectively with the typical perplexities and promises of mortal existence. To this end, Dewey formulated an exceptionally innovative and far-reaching philosophy of morality and democracy. The subject matter of philosophy is not philosophy, Dewey liked to say, but ‘problems of men’. All too often, he found, the theories of philosophers made the primary subject matter more obscure rather than less so. The tendency of thinkers is to become bewitched by inherited philosophic puzzles, when the persistence of the puzzle is a consequence of failing to consider the assumptions that created it. Dewey was gifted in discerning and discarding the philosophic premises that create needless mysteries. Rather than fret, for instance, about the question of how immaterial mental substance can possibly interact with material substance, he went to the root of the problem by challenging the notion of substance itself. Indeed, Dewey’s dissatisfaction with the so-called classic tradition in philosophy, stemming at least from Plato if not from Parmenides, led him to reconstruct the entire inheritance of the Western tradition in philosophy. The result is one of the most seminal and fruitful philosophies of the twentieth century.

13. The nature of judicial review

2020 ◽  
pp. 277-308
Author(s):  
Neil Parpworth
Keyword(s):  
Decision Making ◽  
Judicial Review ◽  
Public Law ◽  
Executive Power ◽  
Decision Making Process ◽  
Private Law ◽  
The Public ◽  
Procedural Reform ◽  
Actual Decision ◽  
Public Bodies

Judicial review is a procedure whereby the courts determine the lawfulness of the exercise of executive power. It is concerned with the legality of the decision-making process as opposed to the merits of the actual decision. Thus it is supervisory rather than appellate. Emphasis is also placed on the fact that the jurisdiction exists to control the exercise of power by public bodies. This chapter discusses the supervisory jurisdiction of the courts, procedural reform, the rule in O’Reilly v Mackman, the public law/private law distinction, collateral challenge, and exclusion of judicial review. The procedure for making a claim for judicial review under the Civil Procedural Rules (CPR) 54 is outlined.

8. Patent Protection and Exploitation

2019 ◽  
pp. 178-198
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
European Patent ◽  
Central Importance ◽  
The Public ◽  
The Third ◽  
The Subject ◽  
The Law ◽  
Patent Grant

Once a European patent has been granted the nature and scope of the protection it confers must be determined. In considering such protection this chapter focuses on four issues of central importance to that end. The first is the effects of a patent, namely, the territories in and term for which it is valid. The second is the object of protection, namely, the subject matter that the public is excluded from using during the term of its protection. The third is the nature of protection, namely, the uses of the subject matter from which the public is excluded. And the fourth is the limitations to protection, namely, the uses of an invention that the law permits notwithstanding its protection by patent grant.

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