The State Action Doctrine and the Individual as Violator of Constitutional Rights

2011 ◽  
Author(s):  
Mariela Ines Noles Cotito
Keyword(s):  
The State ◽  
Constitutional Rights ◽  
State Action ◽  
The Individual ◽  
State Action Doctrine

The American Constitution: First and Second Foundings

2018 ◽  
Author(s):  
Jud Mathews
Keyword(s):  
The State ◽  
The Political ◽  
Late Nineteenth Century ◽  
Constitutional Rights ◽  
American Constitution ◽  
State Action ◽  
Strong State ◽  
American Tradition ◽  
Late Nineteenth ◽  
State Action Doctrine

Officially, the U.S. Supreme Court hews to a strong state action requirement and rejects the idea that constitutional rights can shape what private parties owe each other. To highlight some of the peculiarities of the state action doctrine, this chapter begins with a detailed discussion of a modern case, Brooks v. Flagg Brothers. Then, to understand the doctrine’s origins, the chapter turns to history. This chapter illuminates the political logic of the state action requirement at the time when the Court first imposed it, in the late nineteenth century. The chapter also highlights more flexible approaches to conceptualizing rights in the American tradition that were closed off with the choice for a strong state action rule.

The State Action Doctrine and The Local Government Antitrust Act: The Restructured Public Hospital Model

1988 ◽  
Vol 14 (2-3) ◽  
pp. 171-219
Author(s):  
Theodore N. McDowel ◽  
J. Marbury Rainer
Keyword(s):  
Local Government ◽  
Public Hospital ◽  
The State ◽  
State Action ◽  
Hospital Facility ◽  
Practical Matter ◽  
Antitrust Analysis ◽  
The Impact ◽  
State Action Doctrine ◽  
Public Entity

This Article analyzes the development and complexities of the antitrust state action doctrine and the Local Government Antitrust Act as these doctrines apply to both “municipalities” and private entities. The restructuring of a public hospital is used as a model to facilitate the antitrust analysis. The restructuring model, which typically involves the leasing of a hospital facility by a public entity to a private nonprofit corporation, offers the unique opportunity to compare the different standards employed under the state action doctrine and the Local Government Antitrust Act. As a practical matter, the Article provides a framework for a public hospital to evaluate the impact of corporate restructuring on its antitrust liability exposure and to develop strategies to minimize antitrust risks.

scholarly journals Scientific approaches to the system of concepts of "national security": international legal aspect

2020 ◽  
Vol 7 (12) ◽  
pp. 70-77
Author(s):  
А. Альван
Keyword(s):  
National Security ◽  
Legal Aspect ◽  
The State ◽  
Constitutional Rights ◽  
External Threats ◽  
Wide Range ◽  
Single Well ◽  
Definition Of ◽  
The Individual

Scientific approaches to the concept of "national security" are systematized in the article. The author substantiates that there are four main approaches to the concept of "national security". The first group - works devoted to the terminological characterization of national security. Another group - the authors define national security because of the state of protection of vital interests, the individual, society and the state against all kinds of threats. The third group is studies that analyze the types of national security, in particular: economic, environmental, financial, personnel, financial, social, etc. These characteristics reflect their socio-political nature, trace the unity of personal, public and state security, developing political and other processes. The fourth group of studies are those that pay attention to problems related to the correct use of the concept of "national security" and the possibility of its replacement. Fifth group - analyzes the interaction and correlation of threats and security.There is no single, well-defined definition of national security today. No matter what approach the authors use, there are different approaches, and in some cases, complications or simplifications of this category.In our opinion, national security should be understood as a state of protection of the individual, society and state against a wide range of internal and external threats, which ensure the realization of citizens' constitutional rights and freedoms, decent quality and standard of living, sovereignty, independence, state and territorial integrity. , sustainable socio-economic development of the state.

Oddziaływanie współczesnych konstytucji na stosunki między podmiotami prywatnymi

2015 ◽  
Author(s):  
Monika Florczak-Wątor
Keyword(s):  
Research Team ◽  
The State ◽  
Constitutional Rights ◽  
Broad Perspective ◽  
Careful Choice ◽  
Law System ◽  
Individual Function ◽  
State Apparatus ◽  
The Individual ◽  
International Research Team

THE INFLUENCE OF CONTEMPORARY CONSTITUTIONS ON RELATIONS BETWEEN INDIVIDUALS The influence of a constitution on the relations between pńvate parties must be seen in a broad perspective. The wide application of constitutional norms, principles and values, and their penetration into the private law system so that they set standards for the behavior of an individual, significantly broaden the constitutional space in which the State, society, and the individual function. Accepting an opinion on the horizontal application of constitutional rights changes our mode of perception of the constitution, its role, and its functions, as well as the possibility thai il will apply in practice. In this way the constitution ceases to be only a collection of principles describing the organization and functioning of the state apparatus and becomes an instrument for the creation of a democratic society and an axiological point of reference for the valuation of the processes thai take place in this society. The main purpose of our research was the presentation of the range of different solutions adopted on the basis of current constitutions and applied in practice under the heading of the horizontal application of constitutional rights. We wanted to achieve this purpose not only by the careful choice of States, but also by the engagement of researchers from different countries and universities in the realization of the project. Therefore our international research team consists of researchers from Albania, Greece, Ukraine, and Poland, and this leads to the bilingual character of our publication.

Respect for a Victim's Privacy during Police Procedure

2002 ◽  
Vol 75 (1) ◽  
pp. 67-77 ◽  
Author(s):  
Mohammad Farajiha Ghazvini
Keyword(s):  
Everyday Life ◽  
Civil Liberties ◽  
The State ◽  
State Action ◽  
Concrete Quality ◽  
The Individual ◽  
Freedom Of Action ◽  
Private Identity

Privacy has been an important element in the protection of civil liberties, used by religious and political dissenters to censor state action and maintain a sphere of freedom of action by restraining the powers of the state vis-à-vis the individual. Many countries expressly protect rights of privacy in their constitutions. However, there is a concrete quality about the concept of privacy not least in the language of everyday life which takes for granted personal, internal worlds. Our relationships with others rest on the recognition of those, and of our own private identity.

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