Privatización de funciones inherentemente estatales

Interbranch delegation of powers has been an issue of deep and recurrent analysis in our field; particularly, the exercise of legislative powers by the Executive branch. Conversely, the delega-tion of inherently governmental functions to private parties has received less attention. This essay tries to determine what should be understood by such, and consequently, if the transfer of certain quintessential state matters to private hands is tolerated by our legal system –and if so, under what circumstances– in light of the non-delegation doctrine, due process of law and the democratic form of government.

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THE EVOLUTION IN SPANISH LAW OF STATE IMMUNITY LEADING TO THE ACCEPTANCE OF THE RESTRICTIVE THEORY

Spanish Yearbook of International Law Online ◽

10.1163/221161292x00031 ◽

1992 ◽

Vol 2 (1) ◽

pp. 45-81

Author(s):

Alberto Soria Jiménez

Keyword(s):

International Law ◽

Due Process ◽

Executive Branch ◽

European Convention ◽

Constitutional Court ◽

Public International Law ◽

Spanish Law ◽

State Immunity ◽

Due Process Of Law ◽

The Right

SUMMARY Judgment 107/1992 of the Spanish Constitutional Court has not only cleared up any possible doubts about the alleged unconstitutionality of State immunities and it has discarded any possible contradictions that these immunities might have with art. 24.1 of the Spanish Constitution.. Judgment 107/1992 has also directly linked the right to due process of law with the correct jurisdictional application of the international rules to which art. 21.2 of the LOPJ remits. The Constitutional Court feels that extending immunity from enforcement to foreign State property beyond the provisions of Public International Law violates the right to due process because it limits the right to enforcement of judgments without any legal support. On the other hand, the Constitutional Court points out that when the rules of Public International Law impose absolute immunity from enforcement, the aforementioned right is not violated. That in these cases, this right might be guaranteed by diplomatic protection or, as a last resort, by an assumption by the forum State of its duty to satisfy judicially mandated obligations when the absence of enforcement of these might imply undue sacrifice for an individual contrary to the principle of equality before public burdens. Therefore it seems wise for the Spanish State to establish some procedure which would prevent the recognition of immunity would also be highly recommendable for Spain to enact a statute containing a list of exceptions to State immunity as soon as possible. It is the executive branch, therefore, that should resolve this situation by proposing a bill on this issue and perhaps, as a complementary measure, by ratifying the European Convention on State Immunity.

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Due process of law in Russian Federation Law: Perception and Core issues

VNU Journal of Science Legal Studies ◽

10.25073/2588-1167/vnuls.4330 ◽

2021 ◽

Vol 36 (4) ◽

Author(s):

Mai Van Thang

Keyword(s):

Russian Federation ◽

Legal System ◽

Due Process ◽

Judicial Decisions ◽

Due Process Of Law ◽

The Right ◽

Core Issues

Abstract: This article explains the reasons for the lack of popularity of the term "due process of law" in the Russian current legal system. Nevertheless, all fundamental aspects of this principle included perception, core issues, and requirements that have been shown in a relatively complete and comprehensive way under another name with various levels, forms of expression, and its compliance. By Russia's case study, the author affirms that due process of law is necessary not only in the procedure proceedings that take place before the judicial decisions are made but also in the implementation of decisions and judgments given by courts and other entities. Above all, due process of law would maximize its efficiency when it is nourished in the right ecosystem.

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Systematic Government Access to Private-Sector Data in Japan

10.1093/oso/9780190685515.003.0013 ◽

2017 ◽

Author(s):

Motohiro Tsuchiya

Keyword(s):

World War Ii ◽

Private Sector ◽

Legal System ◽

Personal Information ◽

Data Gathering ◽

Executive Branch ◽

Information Protection ◽

World War ◽

Sector Data ◽

Personal Information Protection

The Japanese legal system has been based on the German legal system since the mid-nineteenth century, but the American legal system was grafted onto it following Japan’s defeat in World War II in 1945. The postwar Constitution contained an article regarding the secrecy of communications and protected privacy in terms of respect of individuals. Now, as the Personal Information Protection Law in the Executive Branch, which was enacted in 1988, and the Personal Information Protection Law, which was enacted in 2003, strictly regulate privacy, there have been fewer problematic cases regarding governmental access to private-sector data. Data gathering for law enforcement or intelligence activities has also been weaker following World War II. Private-sector corporations/organizations might share data with government agencies, but based on voluntary arrangements, not by any mandatory system. More focus is being cast not on governmental access to private-sector data, but on citizen’s access to data.

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Dangerous Liaisons

10.1093/oso/9780198732174.003.0005 ◽

2017 ◽

Author(s):

András Sajó ◽

Renáta Uitz

Keyword(s):

Executive Branch ◽

Individual Liberty ◽

Checks And Balances ◽

Functional Distribution ◽

Governmental Functions ◽

Private Actors ◽

Divided Powers

This chapter examines the idea of separating distinct governmental functions into at least three branches (horizontal separation) as a means to safeguard individual liberty. The three branches of government have different functions: the legislature legislates, the executive branch executes the laws, and the judiciary administers justice. This corresponds to the functional distribution of essential governmental tasks and competences. The chapter explores how governments based on separated (or at least divided) powers work, in a perpetual balancing exercise as a result of the operation of checks and balances. Finally, it discusses independent agencies that are now routinely added to the old constitutional mix of powers and the problem of outsourcing public powers to private actors.

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Introducing Victim Impact Statement in India: Reconceptualizing Victim Status

Journal of Victimology and Victim Justice ◽

10.1177/2516606921991757 ◽

2021 ◽

pp. 251660692199175

Author(s):

Devansh Dubey ◽

Payas Jain

Keyword(s):

Criminal Justice ◽

Subjective Experience ◽

Due Process ◽

Not Given ◽

Therapeutic Tool ◽

Victim Status ◽

Victim Impact Statement ◽

The World ◽

Due Process Of Law ◽

The Right

The right to fair trial is inherent in the concept of due process of law, which now forms part of Article 21 of Indian Constitution after the Maneka Gandhi judgement. Pertinently attached with the same comes the responsibility of the criminal system to treat victims with increased awareness and sensitivity. However, the established convention shows that in planning and developing administration of criminal justice, proper attention is not given to the victims of crime in achieving goals of criminal justice; the major cause of it being that a victim is heard only as a witness not as a victim. A credible response to the said issue has emerged in the form of victim impact statement (VIS) in the modern legal system across the world. With that being said, the researchers through this article try to deduce the need for incorporating a VIS in India through the various jurisprudential understandings of what it means to be a victim, including the gap between the subjective experience of the sufferer and the interpretation of the same by others, and what restorative justice would mean to heal a victim. Establishing upon the same premise of victim status, the researchers try to suggest that the introduction of VIS, with the primary purpose of it being a therapeutic tool and not an instrument of changing the course of justice, will serve to make us reconsider our contours of a ‘victim’.

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