scholarly journals EWOLUCJA ODPOWIEDZIALNOŚCI WŁADZY PUBLICZNEJ - OD WINY FUNKCJONOWANIA DO BEZPRAWNOŚCI NORMATYWNEJ

2017 ◽  
Vol 3 (2) ◽  
pp. 143
Author(s):  
Marek Safjan

Evolution of Liability of Public Authorities - from Guilt of Functioning to Normative LawlessnessSummaryThe above discourse supports a general thesis that the approach to the principles behind the liability of public authorities is an important indicator of the democratic system, and for assessment of relations between public authorities and citizens. The evolution of these principles in the Polish law corresponds to the history of the evolution of the political system over the last few decades.Nevertheless, it appears that the last fundamental changes in the field of public liability pushing it towards greater objectiveness, still do not remove many significant questions and dilemmas, which are still waiting to be solved. A real antinomy between protection of individual interests, and the general interest becomes more and more acute. Thus, the need is and will be growing to find answers to the complicated problems of statutory unlawfulness. Without doubt, the existence in the legal system of constitutional courts is an important, may be even the most important factor and the point of reference for any analysis made in this field. Possibly, we are approaching a breakthrough in the field of liability of the public authorities. The need for an in-depth reflection over these issues becomes increasingly pressing.

2001 ◽  
Vol 12 (5-6) ◽  
pp. 367-370

Any interference with the protection of property had to strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The requisite balance would not be struck where the person concerned bore an individual and excessive burden. Where an issue in the general interest was at stake it was incumbent on the public authorities to act in an appropriate manner and with utmost consistency. In addition, the State, as the guardian of public order, had a moral obligation to lead by example and it had a duty to ensure that its organs charged with the protection of public order enforced observance of that obligation.


Author(s):  
Evgeniy Romanenko

In the paper carried out the analysis of e-government as a means of interactive and communicative interaction of public authorities and the public allowed to identify it as a self-organizational tools for effective public-management decisions, to ensure transparency mechanisms for monitoring their implementation. Analyzed the history of creation and international documents that contain recommendations, the requirements for States parties that intend to build or develop at an effective information society. It is shown that the rate of introduction of E-governance in Ukraine is considerably lagging behind the leading countries of the world.


2005 ◽  
Vol 4 (3-4) ◽  
pp. 313-338 ◽  
Author(s):  
Robert Marsh

AbstractHow tolerant of the civil liberties of people who advocated various unpopular political stances were the citizens of Taiwan, a new democracy in the late 1980s? Are the reasons some Taiwanese were more tolerant than others the same as in other societies? A 1992 survey of a representative sample of the population of Taiwan (N = 1,408) is used to answer these questions. Of the four political stances studied, communism and Taiwan's independence from China were perceived as "more harmful to Taiwan" than the immediate unification of Taiwan with China and the restoration of martial law.Of the hypotheses tested in multivariate analysis, two were largely confirmed: (1) the more one subscribes to the value of democracy as the correct political system for Taiwan, the more tolerant one is of the civil liberties of the "harmful" target groups, but (2) the greater the perceived threat of the harmful political stance, the more intolerant one is of the civil liberties of those advocating the stance. The remaining hypotheses concern the effects of sex, age, ethnicity, education, occupation and income on tolerance.I contextualize the theoretical causal model by reviewing the political history of Taiwan as it changed from an authoritarian one-party state into a democracy. In conclusion, I suggest that the reason the level of intolerance in Taiwan in 1992 has not lead to a diminution of democracy and civil rights between 1992 and the present may be due to "pluralistic intolerance," i.e., the public does not agree on which group to target for intolerance.


2018 ◽  
Vol 9 (2) ◽  
pp. 23-34
Author(s):  
Adriana Grigorescu

Abstract This paper aims at the balance between the citizen and the public authorities with public services as an interface. Public services place themselves at the crossroads of many elements such as: needs of the citizen, social need, public will, public resources, private availability, and civic sense. Without claiming to have identified all factors that converge to defining / structuring the public services (PS) / services of general interest (SGI), the paper tried to highlight some of the most important. The social need is covered at the macro level and it represents what society - as a whole - needs. Citizens’ needs are more specific, individualized and custom-designed, rundown by gender, age, education, social condition, financial strength, religion, living environment etc. The public will is an expression of what the Administration encompasses in mid- and long-term national strategies and addresses in detail the PS / SGI in sectorial policies where responsibility is assumed. Public resources include in our assessment all resources at the disposal of the Administration at some point. Private availability can be expressed through various forms such as public-private partnerships, development of complementary private sponsorships, donations etc. A balanced public service can also benefit of citizens’ civic sense. Even if they are completely satisfied with the services at hand they understand that it would be without sense to unnecessary ask for them just only because it’s free.


2017 ◽  
Vol 2 (1) ◽  
pp. 78-91
Author(s):  
Maskuri Maskuri

In the history of Indonesian, education policy has always been dynamic. Before independence until the reform era of education policy can not be separated from the political system. We know that education policy as part of education policy is a political product. Political configuration in every era of state political leadership has always changed according to the political wind and the configuration of political rulers. However, forces outside the governance system, such as educational community groups, will give color to the education system. When the political system demands the centralization of power, the education system will also concentrate on a centralized government. With the flow of reforms, it has spawned many changes in the education system. Several articles, even the law which, according to the public, lack attention to the aspect of education itself, are sued to the Constitutional Court. Along with the policy of regional autonomy, education policy must be able to adjust to the development of society in autonomous regions. This necessarily requires the creativity of leaders in the region in terms of promoting education in the region in accordance with the aspirations of the community.


1988 ◽  
Vol 23 (1) ◽  
pp. 91-102 ◽  
Author(s):  
Ulrich Klöti

WHEN SWISS CONTRIBUTORS TO THIS SPECIAL ISSUE LIMIT themselves to the presentation of a picture of modern Switzerland and leave it to the public to decide whether they want to learn something from the Swiss experience, two problems remain unsolved. First, in Switzerland we have neglected to some extent the analysis of the structures and the processes of the political system. We know more about the history of our political institutions than we do about their actual functioning. Normative theory is better developed than empirical research. This leads to the second problem: as many questions concerning the mechanics of the system are not answered in a sufficiently clear way, interpretations of the Confederatia Helvetica differ considerably between various analysts.


Author(s):  
FRANCISCO MARTÍNEZ VÁZQUEZ

Las técnicas de intervención de las Administraciones Públicas se renuevan al ritmo que lo hacen los desafíos de la sociedad contemporánea, que reclaman un papel activo de los poderes públicos en defensa del interés general y de sus concretas manifestaciones. Un campo especialmente fértil para esta renovación funcional del Derecho administrativo ¿que tiene mucho de renovación dogmática¿ es el de la intervención pública frente a las nuevas formas de contaminación atmosférica. En concreto, este trabajo analiza la forma en que las Administraciones Públicas se sirven de técnicas conocidas, aunque también renovadas, para hacer frente a la contaminación lumínica y odorífera, en tanto que agresiones al interés público que conectan directamente con las preocupaciones de una sociedad expuesta a numerosos riesgos directamente asociados al progreso tecnológico. Así, el recurso a la división del territorio atendiendo a la vulnerabilidad frente a las nuevas formas de contaminación, o la técnica de las autorizaciones y licencias, por no hablar del ejercicio de la potestad sancionadora, no hacen sino actualizar los instrumentos clásicos de intervención administrativa al servicio de nuevas finalidades. Administrazio publikoen esku-hartzeko teknikak egungo gizartearen erronken erritmoan berritzen dira, izan ere, botere publikoen parte-hartze aktiboa eskatzen da, interes orokorraren eta interes horren adierazpen zehatzen defentsan. Kutsadura atmosferikoko agerpen berriei aurre egiteko arlo publikoaren esku-hartzeak esparru bereziki oparoa dakar Administrazio zuzenbidearen berritze funtzional honetarako ¿berritze dogmatikoa ere nabarmena da hemen¿. Hain zuzen ere, lan honetan, administrazio publikoek argi- eta usain-kutsadurari aurre egiteko teknika ezagunak (baina baita berrituak ere) nola erabiltzen dituzten aztertzen da, izan ere, kutsadura horiek interes publikoari egindako erasoak dira, eta zuzenean erlazionatuta daude gizarteak dauzkan kezkekin, aurrerapen teknologikoarekin lotutako hainbat arriskuren menpe baitago gizartea. Horrela, bada, kutsadura- agerpen berriekiko ahulezia aintzat hartuta lurraldea zatitzea, edo baimen eta lizentzien teknika, edo zehapen-ahalmena gauzatzea esku-hartze administratiboak izan dituen ohiko baliabideen eguneratzea baino ez dira, helburu berrien zerbitzura jarrita. The techniques for the intervention by the Public Administrations are updated at the pace with the challenges of the contemporaneous society, which demands an active role by public authorities in defense of the general interest and its concrete expressions. A specially fertile area for this functional updating in Administrative Law ¿which is very much a dogmatic updating- is public intervention against new forms of atmospheric pollution. Specifically, this work analyzes the form by which Public Administrations use already known techniques, albeit also updated, in order to face the lighting and odoriferous pollution, as attacks to public interest which directly connect to the worries by a society exposed to multiple perils directly related to the technologic process. Thus, the resort to the division of the territory taking into account the vulnerability against new forms of pollution, or the technique of authorization and licences, apart from not talking about the exercise of the punishing power, does not do but to bring up to date the classic instruments of administrative intervention for the new purposes¿ sake.


Author(s):  
Kristina Mani

The Honduran military has a long history of established roles oriented toward both external defense and internal security and civic action. Since the end of military rule in 1982, the military has remained a key political, economic, and social actor. Politically, the military retains a constitutional mandate as guarantor of the political system and enforcer of electoral rules. Economically, its officers direct state enterprises and manage a massive pension fund obscured from public audit. Socially, the military takes on numerous civic action tasks—building infrastructure, conserving forests, providing healthcare, and policing crime—that make the state appear to be useful to its people and bring the military into direct contact with the public almost daily. As a result, the military has ranked high in public trust in comparison with other institutions of the state. Most significantly, the military has retained the role of arbiter in the Honduran political system. This became brutally clear in the coup of 2009 that removed the elected president, Manuel Zelaya. Although new rules enhancing civilian control of the military had been instituted during the 1990s, the military’s authority in politics was restored through the coup that ousted Zelaya. As no civilian politician can succeed without support for and from the military, the missions of the armed forces have expanded substantially so that the military is an “all-purpose” institution within a remarkably weak and increasingly corrupt state.


Archaeologia ◽  
1922 ◽  
Vol 72 ◽  
pp. 161-184 ◽  
Author(s):  
W. L. Hildburgh

In spite of the long history of silver in Spain, and the vast amount of that metal taken from her mines in ancient times, comparatively few objects made in the Peninsula before the Christian era are to be seen in museums or in private collections. The things not protected and concealed by earth, with possibly a few exceptions, long ago went the way of all articles of precious metal in a theatre of repeated warfare; and most of those discovered accidentally in the soil were until quite recently melted down for the metal they contained. The pieces with which the present paper deals have, in addition to their general interest, the special value due to their having been kept together ever since they were found, and to their being accompanied by a quantity of coins found with them which give us, with close approximation, the date at which they must have been buried.


2020 ◽  
Vol 5 (2) ◽  
pp. 32-44
Author(s):  
Justyna Kulikowska-Kulesza ◽  
Dominik Kościuk

In the history of mankind there are known cases of conducting experiments with a goal against people. After all, there has  been eugenic research, or research leading to the creation of biological weapons. Such experiments are usually  hidden from the public and governed by the internal and classified regulations of particular states. That is why it is  important for the domestic legal orders world-wide to establish not only research methods and ways of conducting  experiments (from the point of view of medical art and effectiveness of research) but also – and perhaps even more  importantly – legal principles and rules limiting the conduct of medical experiments, and to establish rules of conduct with  the effect of saving and prolonging the life and health of the patient. This article will analyse the Polish legal  regulations and Polish doctrine in the field as a case study, describing an example of the national measures implemented  to provide control of the research and medical experiment procedures.


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