scholarly journals Zaštita javnoga interesa u raspolaganju javnim dobrom u općoj uporabi

2017 ◽  
Vol 38 (1) ◽  
pp. 275-299
Author(s):  
Aleksandra Popovski

The interest of the community regarding the use of public good is legally acknowledged as a public interest. In order to protect the public interest, a person of public law is not allowed to alienate the public good, nor burden it with certain forms of security rights. The power to dispose the public good is reduced to issuing licenses for the temporary and revocable use of the good that goes beyond general use. Approval may be issued in the form of an administrative act, concession or contract. Administrative act and concession enable the application of various remedies by which person of public law may protect the public interest. On the other hand, the contract as a legal basis for the use of public good does not allow a person of public law to enforce authoritative action and immediately protect the public interest. Nevertheless, administrative act and concession are underrepresented in the Croatian legislation, while contract has been given considerable space. Therefore, the subject of the article is the analysis of the regime of disposal of the public good, in order to critically address the adequacy of Croatian positive regulation from the viewpoint of the protection of the public interest, as well as to propose regulatory intervention in order to improve the present legal framework.

Author(s):  
Richard Morrison

In the month of June, 1862, after the meeting of the second International General Average Congress held in London, a committee was constituted, “for the purpose of establishing one uniform system of general average throughout the mercantile world,” The meeting of the council of the National Association for the Promotion of Social Science, held in York in the autumn of 1864, set apart three days for the consideration of this branch of jurisprudence; and the 26th of September and two following days were occupied with the discussion of the various disputed points connected with the subject, under the presidencies of Sir James Wilde and Sir Fitzroy Kelly. The last-named gentleman, in closing the sitting, in the course of his speech gave his opinion as to the course to be pursued in order to give the force of law to the amendments which had been proposed, with the view to promote the uniformity which is so desirable in connection with the adjustment of claims for general average. He considered that “in order to obtain a legislative sanction to the code which had just been completed, it would be advisable to obtain the distinct approval of the leading commercial bodies, particularly the Chambers of Commerce in the great towns; and to obtain, if possible, assurances on the part of the foreign Governments that they would be prepared to adopt the code upon its adoption in this country. …If possible, the code or rules should be made a Government measure; failing this, it should be entrusted to at least two independent members, one of whom must be a mercantile man, representing a mercantile constituency, and the other a lawyer of eminence; and that it would be desirable to go to work at once, while the public interest was alive to the measure.”


2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Hoolo 'Nyane ◽  
Tekane Maqakachane

In Lesotho, standing to litigate is still based on the private law doctrine of locus standi in judicio. This doctrine requires the person who institutes an action in a court of law, regardless of whether it is in the private or public interest, to satisfy the court that he or she is directly and substantially interested in the outcome of the decision. Section 22(1) of the Constitution of Lesotho provides that any person who alleges that the Bill of Rights in the Constitution has been violated 'in relation to him' may approach the court of law for redress. Although the Constitution is silent about the enforcement of the other non-Bill of Rights parts of the Constitution, the courts have readily invoked section 22(1) to exclude litigants who are not 'directly and substantially' interested in the outcome of the case. This restrictive approach notwithstanding, a more liberal approach has been adopted in pockets of public law decisions of the superior courts in Lesotho. The purpose of this article is to amplify this liberal approach. The article argues that constitutional democracy in Lesotho will benefit from a liberal approach as opposed to a restrictive approach to standing. This is supported by a discernible movement in modern-day public law towards a more liberal approach to standing.


Author(s):  
Anna Kravets

This article reveals the public law concept of “leadership”, theoretical grounds of municipal leadership, its role within the system of municipal democracy and territorial public self-government from the perspective of integral legal understanding and a communicative approach towards law. The goal of this research consists in the analysis of conceptual and normative legal framework of the institutions of public law and municipal leadership, impact of the institution of leadership upon development of the forms of municipal democracy in the context of Russian and foreign experience, as well as peculiarities of the influence of the institution of public law leadership upon the forms of governance in territorial public self-government The subject of this research is the scientific views, normative legal framework of regulation, organizational practice of the institution of public law and municipal leadership in territorial public self-government in the context of functionality of the forms of municipal democracy. The article employs the formal legal and comparative analysis, methods of dialectics, municipal legal hermeneutics, communicative approach, and critical rationalism in legal studies, which allows viewing the municipal leadership as a complex interdisciplinary legal and administrative institution that assists the implementation of the forms of municipal democracy, and improves the effectiveness of the territorial self-government in cooperation with branches and officials of the local self-government. The following conclusions are made: the institution of public law leadership should be viewed as interdisciplinary, which incorporates the sphere of public law on the one hand, and the sphere of state and municipal administration on the other hand; the works of the Russian and foreign researchers indicate that the  concepts of transformational leadership, leadership-service and adaptive leadership can be analytically applied to the institution of municipal leadership; it is necessary to improve the institution of public law and municipal leadership, and ensure new spheres of juridification of the requirements for the heads of territorial self-government on the federal and municipal levels.


Author(s):  
Maxim B. Demchenko ◽  

The sphere of the unknown, supernatural and miraculous is one of the most popular subjects for everyday discussions in Ayodhya – the last of the provinces of the Mughal Empire, which entered the British Raj in 1859, and in the distant past – the space of many legendary and mythological events. Mostly they concern encounters with inhabitants of the “other world” – spirits, ghosts, jinns as well as miraculous healings following magic rituals or meetings with the so-called saints of different religions (Hindu sadhus, Sufi dervishes),with incomprehensible and frightening natural phenomena. According to the author’s observations ideas of the unknown in Avadh are codified and structured in Avadh better than in other parts of India. Local people can clearly define if they witness a bhut or a jinn and whether the disease is caused by some witchcraft or other reasons. Perhaps that is due to the presence in the holy town of a persistent tradition of katha, the public presentation of plots from the Ramayana epic in both the narrative and poetic as well as performative forms. But are the events and phenomena in question a miracle for the Avadhvasis, residents of Ayodhya and its environs, or are they so commonplace that they do not surprise or fascinate? That exactly is the subject of the essay, written on the basis of materials collected by the author in Ayodhya during the period of 2010 – 2019. The author would like to express his appreciation to Mr. Alok Sharma (Faizabad) for his advice and cooperation.


2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.


2016 ◽  
Vol 21 (1) ◽  
pp. 101-126 ◽  
Author(s):  
Ariel Zylberman

AbstractThe two standard interpretations of Kant’s view of the relationship between external freedom and public law make one of the terms a means for the production of the other: either public law is justified as a means to external freedom, or external freedom is justified as a means for producing a system of public law. This article defends an alternative, constitutive interpretation: public law is justified because it is partly constitutive of external freedom. The constitutive view requires conceiving of external freedom in a novel, second-personal way, that is, as an irreducibly relational norm.


2007 ◽  
Vol 22 (2) ◽  
pp. 527-543
Author(s):  
Robert E. Rodes

But let the brother of low degree glory in his high estate: and the rich, in that he is made low.—James 1:9-10I am starting this paper after looking at the latest of a series of e-mails regarding people who cannot scrape up the security deposits required by the local gas company to turn their heat back on. They keep shivering in the corners of their bedrooms or burning their houses down with defective space heaters. The public agency that is supposed to relieve the poor refuses to pay security deposits, and the private charities that pay deposits are out of money. A bill that might improve matters has passed one House of the Legislature, and is about to die in a committee of the other House. I have a card on my desk from a former student I ran into the other day. She works in the field of utility regulation, and has promised to send me more e-mails on the subject. I also have a pile of student papers on whether a lawyer can encourage a client illegally in the country to marry her boyfriend in order not to be deported.What I am trying to do with all this material is exercise a preferential option for the poor. I am working at it in a large, comfortable chair in a large, comfortable office filled with large, comfortable books, and a large—but not so comfortable—collection of loose papers. At the end of the day, I will take some of the papers home with me to my large, comfortable, and well heated house.


1908 ◽  
Vol 54 (227) ◽  
pp. 704-718
Author(s):  
Lady Henry Somerset

I fully appreciate the very great honour which has been done to me this afternoon in asking me to speak of the experience which I have had in nearly twenty years of work amongst those who are suffering from alcoholism. Of courseyou will forgive me if I speak in an altogether unscientific way. I can only say exactly the experiences I have met with, and as I now live, summer and winter, in their midst, I can give you at any rate the result of my personal experience among such people. Thirteen years ago, when we first started the colony which we have for inebriate women at Duxhurst, the Amendment to the present Inebriate Act was not in existence, that is to say, there was no means of dealing with such people other than by sending them to prison. The physical side of drunkenness was then almost entirely overlooked, and the whole question was dealt with more or less as a moral evil. When the Amendment to the Act was passed it was recognised, at any rate, that prison had proved to be a failure for these cases, and this was quite obvious, because such women were consigned for short sentences to prison, and then turnedback on the world, at the end of six weeks or a month, as the case might be, probably at the time when the craving for drink was at its height, and therefore when they had every opportunity for satisfying it outside the prison gate they did so at once. It is nowonder therefore that women were committed again and again, even to hundreds of times. When I first realised this two cases came distinctly and prominently under my notice. One was that of a woman whose name has become almost notorious in England, Miss Jane Cakebread. She had been committed to prison over 300 times. I felt certain when I first saw her in gaol that she was not in the ordinary sense an inebriate; she was an insane woman who became violent after she had given way to inebriety. She spent three months with us, and I do not think that I ever passed a more unpleasant three months in my life, because when she was sober she was as difficult to deal with-although not so violent-aswhen she was drunk. I tried to represent this to the authorities at the time, but I wassupposed to know very little on the subject, and was told that I was very certainly mistaken. I let her go for the reasons, firstly that we could not benefit her, and secondly that I wanted to prove my point. At the end of two days she was again committed to prison, and after being in prison with abstention from alcohol, which had rendered her more dangerous (hear, hear), she kicked one of the officials, and was accordingly committed to a lunatic asylum. Thus the point had been proved that a woman had been kept in prison over 300 times at the public expense during the last twenty years before being committed to a lunatic asylum. The other case, which proved to me the variations there arein the classifications of those who are dubbed “inebriates,” was a woman named Annie Adams, who was sent to me by the authorities at Holloway, and I was told she enjoyed thename of “The Terror of Holloway.” She had been over 200 times in prison, but directly she was sober a more tractable person could not be imagined. She was quite sane, but she was a true inebriate. She had spent her life in drifting in and out of prison, from prison to the street, and from the street to the prison, but when she was under the bestconditions I do not think I ever came across a more amiable woman. About that time the Amendment to the Inebriates Act was passed, and there were provisions made by which such women could be consigned to homes instead of being sent to prison. The London County Council had not then opened homes, and they asked us to take charge of their first cases. They were sent to us haphazard, without classification. There were women who were habitual inebriates, there were those who were imbecile or insane; every conceivable woman was regarded as suitable, and all were sent together. At that time I saw clearly that there would be a great failure (as was afterwards proved) in the reformatory system in this country unless there were means of separating the women who came from the same localities. That point I would like to emphasise to-day. We hear a great deal nowadays about the failure of reformatories, but unless you classify this will continue to be so.


2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Garbini Both ◽  
André Rodrigues Meneses

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>


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