scholarly journals Foreign Experience of Legal Support for the Protection of Honor, Dignity, and Business Reputation

2021 ◽  
Vol 2021 (2) ◽  
pp. 148-154
Author(s):  
Ekaterina Abakumova ◽  
Alexey Komissarov ◽  
Dmitrii Tarasov
Keyword(s):  
United Kingdom ◽  
Administrative Law ◽  
Legal Institution ◽  
Anglo Saxon ◽  
Foreign Experience ◽  
The United Kingdom ◽  
Anglo American ◽  
Defamation Law

The article examines the concept and development of legal relations in the field of the protection of honor, dignity, and business reputation in foreign legislation, where they are part of the legal institution of defamation. The research involved the formal-legal and comparative-legal techniques based on the principles of historicism and objectivity. The article features a retrospective summary of theoretical, normative, and practical approaches to the conceptual application of the institute of defamation in the countries of the Anglo-Saxon and continental law. The Anglo-American defamation law is formed both within the general and statutory framework. Special legislative acts of the United Kingdom define the conditions (criteria) for classifying these legal relations as essentially defamatory. The peculiarities of the continental defamation law can be attributed to its mainly criminal-legal regulatory component, rather than civil or administrative law. The comparative legal review of the foreign experience of legal support for the protection of honor, dignity, and business reputation proved relevant and practically significant.

Pure or Mixed? The Evolution of Three Grounds of Judicial Review of the Administration in British and Israeli Administrative Law

2013 ◽  
pp. 1-36
Author(s):  
Margit Cohn
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
Legal Systems ◽  
The Public ◽  
The United Kingdom ◽  
Anglo American ◽  
Distinct Features

This article challenges common understandings about the distinct features of the so-called “mixed jurisdictions”. One of the main features found in this group of legal systems, it is argued, is that they are civil-law in nature in the sphere of private law, while their public law sphere is typically Anglo-American. I argue that this may be correct as far as the structural elements of these two branches of law, for example with regard to the court structure; it may also be relevant in the context of the general, overarching values underlying both branches of law. However, as far as the detailed arrangements are concerned, a variety of set-ups reflect different types of mixes and combinations in all legal systems, including “mixed jurisdictions”: innovation, transplantation and adoption of which can be traced inter alia to global crosscutting between these two families of legal systems.This argument is developed through an analysis of the evolution of three grounds of review of the administration-unreasonableness, proportionality and legitimate expectations/ administrative promise-in the United Kingdom, the “ancestor” of the common law family of legal systems, and in Israel, currently considered a mixed jurisdiction. I show that both innovation and reliance on civil law constructs can be found in both systems just as much as common law constructs. The influence of EU law, especially ECtHR jurisprudence, renders the public law of the United Kingdom, to a certain extent, to be more civil-law-like than its so-called daughter system. Whether this mix of patterns is an unavoidable result of the irresolvable tension between exclusionism and openness, both willful and subjected, or matter that is particular to the distinct nature of administrative law and its case-by-case development in common law systems is a matter for further consideration. Clearly, though, legal reality, at least in the field studied in this article, challenges the viability of the distinction between “pure” and “mixed” legal systems.

Frewen’s Anglo-American campaign for federalism, 1910–21

1967 ◽  
Vol 15 (59) ◽  
pp. 256-275 ◽  
Author(s):  
Alan J. Ward
Keyword(s):  
New York ◽  
United Kingdom ◽  
Library Of Congress ◽  
Business Interests ◽  
Winston Churchill ◽  
Independence Movement ◽  
The United Kingdom ◽  
Anglo American ◽  
Family Associations

In the literature of the Irish independence movement the question of a federal settlement involving the United Kingdom, and possibly the whole empire, in a grand scheme of ‘devolution’ has received relatively little attention. However, the papers of Moreton Frewen (1853–1924), now lodged in the Library of Congress, Washington, D.C., should add a great deal to any assessment of this aspect of the Irish Problem.Frewen was a member of the Anglo-Irish gentry with business interests in America. He married a daughter of Leonard Jerome of New York, and was therefore an uncle of both Winston Churchill and Shane Leslie, both of whom had mothers who were Jeromes. Furthermore, his brother’s daughter became the second wife of Sir Edward Carson, and in addition to these family associations he was acquainted with the most prominent men of his generation on both sides of the Atlantic. His life was actually a series of business and political failures, but his papers hold the key to a fascinating chapter in the search for a federal solution to Ireland’s political problems, and most of what follows is based upon those papers.

The Influence of European Community Law on Public Law in the United Kingdom

1999 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Francis G. Jacobs
Keyword(s):  
United Kingdom ◽  
European Community ◽  
Administrative Law ◽  
Public Law ◽  
Community Law ◽  
The United Kingdom ◽  
European Court ◽  
Recent Developments ◽  
The Impact ◽  
European Community Law

It is a great privilege for me to give this lecture in honour of Lord Mackenzie-Stuart. I frequently had the privilege of appearing before him as counsel when he was judge at the European Court of Justice and also from 1984 to 1988 when he was President of the Court. It was on his departure from the Court in 1988 that I went to the Court as advocate general.Lord Mackenzie-Stuart, who has long been interested in the influence of European Community law on public law in the United Kingdom, had recently published a paper entitled “Recent developments in English administrative law—the impact of Europe?” In returning to that theme this evening I should like to update the story of developments in English administrative law where there may be a European impact. I will also venture, perhaps over-ambitiously, to look briefly at the new constitutional reforms, and to see if there may be a European impact there too.

The Historical Foundations of Judicial Review in the United Kingdom

2021 ◽  
pp. 193-230
Author(s):  
Conor McCormick
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Historical Analysis ◽  
Administrative Law ◽  
First Century ◽  
Fin De Siecle ◽  
The United Kingdom ◽  
Twenty First Century ◽  
Administrative Actions

This chapter analyses judicially developed standards for reviewing administrative actions in the United Kingdom between 1890 and 1910. By exploring the context, reach, types, and frequency of judicial review during that timeframe—fin de siècle—this historical analysis reveals both significant changes and significant continuities by comparison with twenty-first century standards. The chapter concentrates in particular on reported cases which undermine the Diceyan claim that administrative law did not exist in the United Kingdom during this timeframe; and reflects on the inconsistencies that pervaded that body of law. It concludes that some judges tended to deploy concepts which had the effect of restraining administrative actions, whereas other judicial constructs tended to facilitate the administrative arrangements contested in court. As such, it recommends that the role of judicial review at this time should be characterized with this duality of purpose firmly in mind.

The Influence of European Community Law on Public Law in the United Kingdom

1999 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Francis G. Jacobs
Keyword(s):  
United Kingdom ◽  
European Community ◽  
Administrative Law ◽  
Public Law ◽  
Community Law ◽  
The United Kingdom ◽  
European Court ◽  
Recent Developments ◽  
The Impact ◽  
European Community Law

It is a great privilege for me to give this lecture in honour of Lord Mackenzie-Stuart. I frequently had the privilege of appearing before him as counsel when he was judge at the European Court of Justice and also from 1984 to 1988 when he was President of the Court. It was on his departure from the Court in 1988 that I went to the Court as advocate general. Lord Mackenzie-Stuart, who has long been interested in the influence of European Community law on public law in the United Kingdom, had recently published a paper entitled “Recent developments in English administrative law—the impact of Europe?” In returning to that theme this evening I should like to update the story of developments in English administrative law where there may be a European impact. I will also venture, perhaps over-ambitiously, to look briefly at the new constitutional reforms, and to see if there may be a European impact there too.

scholarly journals Combating In-Work Poverty in Continental Europe: An Investigation Using the Belgian Case

2011 ◽  
Vol 41 (1) ◽  
pp. 19-41 ◽  
Author(s):  
IVE MARX ◽  
JOSEFINE VANHILLE ◽  
GERLINDE VERBIST
Keyword(s):  
United States ◽  
United Kingdom ◽  
Social Security ◽  
Policy Issue ◽  
The United States ◽  
Policy Options ◽  
Anglo Saxon ◽  
Trade Off ◽  
The United Kingdom ◽  
Tax Relief

AbstractRecent studies find in-work poverty to be a pan-European phenomenon. Yet in-work poverty has come to the fore as a policy issue only recently in most continental European countries. Policies implemented in the United States and the United Kingdom, most notably in-work benefit schemes, are much discussed. This article argues that if it comes to preventing and alleviating poverty among workers, both the policy options and constraints facing Continental European policymakers are fundamentally different from those facing Anglo-Saxon policymakers. Consequently, policies that work in one setting cannot be simply emulated elsewhere. We present microsimulation derived results for Belgium to illustrate some of these points. Policy options discussed and simulated include: higher minimum wages, reductions in employee social security contributions, tax relief for low-paid workers and the implementation of a stylised version of the British Working Tax Credit. The latter measure has the strongest impact on in-work poverty, but in settings where wages are compressed, as in Belgium, a severe trade-off between coverage and budgetary cost presents itself. The article concludes that looking beyond targeted measures to universal benefits and support for employment of carers may be important components of an overall policy package to tackle in-work poverty.

The Constitutional Implications of Judicial Control of the Administration in the United Kingdom.

1967 ◽  
Vol 25 (1) ◽  
pp. 46-61 ◽  
Author(s):  
J. D. B. Mitchell
Keyword(s):  
United Kingdom ◽  
Prime Minister ◽  
Administrative Law ◽  
The Other ◽  
Judicial Control ◽  
The United Kingdom ◽  
The Subject ◽  
Legal Difficulties ◽  
Administrative Jurisdiction ◽  
The Way

When first I was invited to participate in this colloquium, I was given the title of “Constitutional difficulties to the introduction of a system of administrative law,” which I take to imply a full administrative jurisdiction. That subject was, in a sense, not exciting, except as a challenge to produce legal difficulties, under a system such as our own, to doing anything at all. Difficulties undoubtedly do exist, but they exist in the realm of psychology, not of rules of law. Even so they are important. A constitution does not live by legal logic alone, and the positive changes in law which the introduction of such a system would involve run counter to received, but unexamined, notions or myths, particularly those relating to Parliament. Such notions have surprising strength. It would have been difficult to persuade the Pontifex Maximus to lead the other Pontiffs into proclaiming the inadequacy of their mythology, let alone to lead them into propounding the virtues of a rival. Yet under our cult of Parliament this is precisely what the Prime Minister or the alternative Pontifex Maximus has to do. This change is beyond the scope of those subtle shifts which we can achieve by stealth, in the way in which we transferred power from King to Ministers. While these difficulties are real and must be mentioned, I take it that in the form in which the subject is now posed it is broader and that I can treat of the constitutional advantages as well as, and rather more than, these political difficulties.

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