scholarly journals Public Law Limitations on Privatization of Government Functions

2005 ◽  
Author(s):  
Paul R. Verkuil
Keyword(s):  
Public Law ◽  
Government Functions

scholarly journals Outsourcing to Not-for-Profits: Can Judicial Enforcement of Charity Law Provide Accountability for the Performance of ‘Public’ Functions?

2020 ◽  
Author(s):  
Ian Murray ◽  
Murray Wesson
Keyword(s):  
Judicial Review ◽  
Public Law ◽  
Decision Makers ◽  
Front Line ◽  
The Public ◽  
Time Limits ◽  
Government Functions ◽  
Public Resources ◽  
Legal Accountability ◽  
The Public Sphere

Governments increasingly rely on charities to provide services on behalf of government. Decisions on outsourced functions can relate to the distribution of public resources, such as the provision of housing, education or legal assistance. Accordingly, such decisions can be contentious and outsourcing potentially places that contention in the private sphere rather than the public sphere. This article examines the extent to which outsourcing service delivery to charities affects the ability of current or potential service recipients to hold decision-makers accountable. It argues that outsourcing government functions to charities will often place such functions beyond the scope of public law judicial review. However, charity law contains accountability mechanisms that have the potential to fill the gap. These mechanisms are identified and then compared with the availability of judicial review for government decisions by reference to scope, grounds, standing, time limits and remedies. This article finds that in many circumstances there should be no diminution of legal accountability. Nevertheless, charity law is less tested than administrative law, is not as effective in dealing with service decisions made by front line employees and does not as readily guarantee procedural fairness. Balanced against this, charity law may provide more generous time limits and better enable systemic issues to be addressed.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

Patrick Birkinshaw, European Public Law

2004 ◽  
Vol 8 (2) ◽  
pp. 285-286
Author(s):  
Chris Himsworth
Keyword(s):  
Public Law ◽  
European Public

The Ottoman Berats of the Greek Orthodox Patrirach of Jerusalem (1872–1931)

2015 ◽  
Vol 14 (2) ◽  
pp. 189-201
Author(s):  
İhsan Satış ◽  
Muhammed Ceyhan
Keyword(s):  
Public Law ◽  
Greek Orthodox ◽  
Domestic Relations ◽  
Sharia Law ◽  
Executive Authority ◽  
The Way

Ottoman Berats (charters 1 1 The authors prefer to use the term Berat, a Turkish expression which is also used extensively in the literature. The term ‘charter’ has more institutional meaning and since each Patriarch received its own specific Berat so the word charter does not give the full meaning. ) were official documents issued by Sultans delineating the tasks, powers, exemptions and concessions granted to Greek Orthodox Patriarchs to be the applicable within the jurisdiction of the Patriarchs. The Berat also showed that the Patriarch was elected by the Synod and approved by the Sultan. A Patriarch who did not have Berat could not perform his duties or exercise executive authority. This article critically examines the Berats of the Greek Orthodox Patriarch of Jerusalem in the period 1873–1931. These Berats are analysed in terms of their contents as well as in connection to the way non-Muslims were subject to rules which applied to the domestic relations of the Greek Orthodox community and to public law areas which came within the scope of Sharia law.

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