scholarly journals An audience with … the public, the representative, the sovereign

2017 ◽  
Vol 28 (1) ◽  
pp. 5-21
Author(s):  
Niccolo Milanese
Keyword(s):  
Common Law ◽  
Affective Learning ◽  
The State ◽  
The Public ◽  
Political Resource ◽  
The Right ◽  
Ways Of Being ◽  
The Way

The right of audience, in common law, is the right of a lawyer to represent a client in a court. Royalty, the Pope and some Presidents grant audiences. What does the power to grant an audience consist in? And what does it mean to demand an audience (with)? Through a reading of the way in which the vocabulary of theatre, acting and audience is involved in the generation of a theory of state by Hobbes and Rousseau, this paper looks to reopen these questions as a political resource for us to re-imagine and refigure our ways of being together. Through readings of Hobbes and Rousseau, it looks at the ways in which the performance of politics creates the public, the representative and the sovereign and the ways these figures interact. It proposes an alternative role for theatre as places of affective learning and a civic ethics of playfulness, in which the auto-institution of the state as an imagined collectivity is fully assumed.

scholarly journals CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL

2015 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira
Keyword(s):  
Public Policy ◽  
Public Policies ◽  
Public Debate ◽  
The State ◽  
Fundamental Rights ◽  
Scarce Resources ◽  
The Public ◽  
Critical Understanding ◽  
The Right ◽  
The Way

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 

scholarly journals CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL

2018 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira
Keyword(s):  
Public Policy ◽  
Public Policies ◽  
Public Debate ◽  
The State ◽  
Fundamental Rights ◽  
Scarce Resources ◽  
The Public ◽  
Critical Understanding ◽  
The Right ◽  
The Way

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 

scholarly journals CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL

2018 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira
Keyword(s):  
Public Policy ◽  
Public Policies ◽  
Public Debate ◽  
The State ◽  
Fundamental Rights ◽  
Scarce Resources ◽  
The Public ◽  
Critical Understanding ◽  
The Right ◽  
The Way

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 

scholarly journals CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL

2018 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira
Keyword(s):  
Public Policy ◽  
Public Policies ◽  
Public Debate ◽  
The State ◽  
Fundamental Rights ◽  
Scarce Resources ◽  
The Public ◽  
Critical Understanding ◽  
The Right ◽  
The Way

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 

scholarly journals Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker
Keyword(s):  
Original Study ◽  
The State ◽  
Public Order ◽  
Public Prosecution ◽  
The Public ◽  
Case System ◽  
Institutional System ◽  
The Individual ◽  
The Right ◽  
Coherent Body

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

3 The Supreme Court and the Irish Free State

2019 ◽  
Author(s):  
Dickson Brice
Keyword(s):  
Supreme Court ◽  
The State ◽  
Free State ◽  
Privy Council ◽  
Parliamentary Sovereignty ◽  
The Supreme Court ◽  
Irish Free State ◽  
The Right ◽  
The Way

This chapter considers the performance of the Irish Supreme Court during the life of the Irish Free State (1922–37). It charts the way in which the right to appeal from the Supreme Court to the Privy Council was abolished (comparing the position in other Dominions) and shows that, despite the rhetoric of Irish politicians at the time, the judges were keen to uphold the British approach to the doctrine of parliamentary sovereignty. The chapter then describes some of the emergency legislation enacted in the Free State to combat republican violence and examines how it was viewed by the Supreme Court, most notably in the very deferential (albeit split) decision in The State (Ryan) v Lennon. The chapter sums up the Court’s performance during the existence of the Irish Free State as disappointing and uninspiring.

Legal Characteristics of a Servitude in the Public Interest

2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The State ◽  
Public Infrastructure ◽  
Public Interests ◽  
The Public ◽  
Legal Nature ◽  
Set Up ◽  
The Right ◽  
Limited Duration

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.

Health Care System Structure in the State of Israel

2019 ◽  
Vol 88 (1) ◽  
pp. 39-46
Author(s):  
Mohammad Yasser Sabbah
Keyword(s):  
Health Care ◽  
Medical Treatment ◽  
Health System ◽  
Health Care System ◽  
The State ◽  
The Public ◽  
The Right ◽  
To Receive ◽  
State Of Israel ◽  
Care System

The health care system in the State of Israel consists of two sectors - the public sector, which includes government-owned hospitals and medical institutes. The public health sector includes the community health system, health funds, family medicine, the general care system and the mental health care system. The second sector is the private sector, which includes private hospitals and medical institutes. Both sectors are supervised by the Israeli Ministry of Health, which is the supreme governmental authority through which it implements its policy in the entire health system in Israel. The law provides and guarantees medical insurance for every resident of Israel, the right to receive medical treatment, the prohibition of discrimination, informed consent to medical treatment, the right to receive an additional medical opinion, the dignity and privacy of the patient and the right to attend. Health funds in Israel were established before the State of Israel was established. The ideological concept of the health funds was based on the principle of equality and mutual assistance.

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