STATUS ADMINISTRACYJNOPRAWNY KOŚCIOŁA KATOLICKIEGO W POLSCE (PRZYCZYNEK DO DYSKUSJI)

2017 ◽  
Vol 13 (`1) ◽  
pp. 21-28
Author(s):  
Jarosław Dobkowski

The article is preliminary and includes proposals to include the legal position of the CatholicChurch from the perspective of Polish administrative law. Discourse were the status of the CatholicChurch in Poland from the perspective of its possible qualification as a self-religious or socialorganization performing tasks in the field of public administration. It was assumed that after all thisis a religious organization under public law. They were treated with the Catholic Church in Poland,as an entity of public administration that performs these tasks on the principle of decentralization,and not as a so-called. the administrative performing so. function commissioned. Public tasksCatholic Church does on its own behalf and on their own responsibility, not on behalf of and forthe benefit of the state. Is, therefore, a corporation governed by public law with special status.

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.


2021 ◽  
pp. 3-23
Author(s):  
Anne Dennett

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility; and control the power of the state. Indeed, a state’s constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK’s national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.


2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.


AUC IURIDICA ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 11-30
Author(s):  
Helena Prášková

The article deals with the status of natural and legal persons, who are as the addressees of public administration one of the subjects of administrative-law relationship. In the introduction, the legal position (status) of a person is generally described. The following chapters then progressively examine legal personality, legal capacity, delictual liability, capacity to be party to proceedings and procedural capacity; that is capacity of individuals as well as legal entities. They focus on specificities of these types of capacity in the area of administrative law, on their legal regulation and on possible interpretation and application issues.


Author(s):  
Mark Elliott ◽  
Jason N. E. Varuhas

Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. This book provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, the text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. Topics covered include: jurisdiction, the status of unlawful administrative action, public law principles, abuses of discretion, fairness, remedies, and the liability of public authorities.


2021 ◽  
Vol 27 (2) ◽  
pp. 60-73
Author(s):  
Krzysztof Ratajczak

The aim of the paper is to show the state and changes in the school legislation of the Catholic Church in the crucial period of its history, between 1378 and 1477. The focus of the analysis is especially on the acts of law decreed by the popes, on the canons of the councils, but also on the ius particulare of those ecclesiastical provinces that were affected by the Hussite movement. Also, factors influencing the ecclesiastical law in the realm of education are analysed, such as political, social, economic besides religious. Very important was the question if the changes could be controlled or inspired by the Church or whether the changes of the school legislation were only meant to preserve the status quo.


2018 ◽  
Vol 11 (1) ◽  
pp. 43
Author(s):  
Andréia Márcia de Castro Galvão

As mudanças legislativas do final do século XIX alteraram o status quo da Igreja Católica, levando-a a desenvolver novas estratégias de ação a fim de defender seu espaço junto à comunidade. Devido a séculos de padroado, a religiosidade brasileira tornara-se uma mescla de práticas medievais e mágicas com características portuguesas, africanas e indígenas. O combate a essas práticas foi intensificado com a implementação do ultramontanismo, que buscava centralizar e verticalizar o poder clerical, diminuir o poder das irmandades leigas, sacralizar os locais de culto, dentre outras. Partindo dessas premissas, esse artigo analisa a vinda de religiosos católicos europeus para Goiás, nomeadamente da Congregação do Santíssimo Redentor – redentoristas –, como parte importante do projeto ultramontano. Esses religiosos reforçaram o clero (então diminuto), contribuíram na propagação da fé com missões, giros paroquiais e desobrigas, criaram um jornal religioso e ainda ajudaram no controle da principal festa religiosa do estado. The Congregation of the Holy Redeemer in Goiás (1894-1925) The legislative changes of the late nineteenth century has altered the status quo of the Catholic Church, leading it to develop new strategies of action in order to defend its space with the community. Due to centuries of patronage, Brazilian religiosity had become a mixture of medieval and magical practices with Portuguese, African and indigenous characteristics. The fight against these practices was intensified with the implementation of ultramontanism, which sought to centralize and verticalize clerical power, to reduce the power of lay brotherhoods, to sacralize places of worship, among others. Based on these premises, this article analyzes the coming of European Catholic religious to Goiás, namely the Congregation of the Holy Redeemer – Redemptorists – as an important part of the ultramontane project. These religious strengthened the clergy (then scanty), contributed to the spread of the faith with missions, parochial circuit and disengagement, created a religious newspaper and also helped control the main religious celebration of the state.


Author(s):  
Carlos Sánchez-Mejorada y Velasco

In civil law systems, such as Mexico, a distinction is made between civil law (‘derecho civil’) and commercial law (‘derecho mercantil’), which can be confusing to persons unfamiliar with the system. As is the case in common law jurisdictions, law in civil law systems can be divided into public law and private law, the latter being those laws that govern relationships between and among private parties, regarding which the state functions more as a ‘supervisor’ or an ‘umpire’ than as an authority. Public law would include constitutional law, administrative law, etc. In turn, private law comprises civil law, ie those rules governing the status, rights, and obligations of the residents of the state as persons, their property, their estates, their obligations, and their contracts; and commercial law, those rules governing all acts of the residents of the state that have a profit motive, which in Mexico—as well as in other jurisdictions—are called ‘acts of commerce’ (‘actos de comercio’).


Author(s):  
Breandán Mac Suibhne

Observing the abandonment of traditional beliefs and practices in the 1830s, the scholar John O’Donovan remarked that ‘a different era—the era of infidelity—is fast approaching!’ In west Donegal, that era finally arrived c.1880, when, over much of the district, English replaced Irish as the language of the home. Yet it had been coming into view since the mid-1700s, as the district came to be fitted—through the cattle trade, seasonal migration, and protoindustrialization—into regional and global economic systems. In addition to the market, an expansion of the administrative and coercive capacity of the state and an improvement in the plant and personnel of the Catholic Church—processes that intensified in the mid-1800s—proved vital factors, as the population dwindled after the Famine, in the people breaking faith with the old and familiar and adopting the new.


1983 ◽  
Vol 14 (3) ◽  
pp. 167-186 ◽  
Author(s):  
John W. Burton

AbstractIf my discernment of the thought that underlies his study of Nuer religion is not entirely misconstrued, then one can assert a logical consistency between Collingwood's methodology for history and Evans-Pritchard's for ethnography. It is worthwhile, in that light, to consider the fact that "at one time Evans-Pritchard contemplated writing Collingwood's biography" (Beidelman 1974:559). One commentator, (Kuper 1980:118) typifies this methodology as "postwar idealism" and suggests that the major works he published in the later decades of his presence at Oxford demonstrate the "sterility" of his methodology and theory. Still others have hinted that his entry into the Catholic Church was later reflected in his depiction of Nuer religous life. These are remarkable assertions, when one takes the time to reflect on the many ways in which his own approach and writings have so profoundly influenced the direction of anthropological enquiry in his own country and abroad. The fact is, one can no longer write ethnography in lieu of a solid understanding of the historical circumstances which have resulted in the contemporary 'ethnographic present'. At the same time, practitioners of the discipline have addressed from almost every angle the proposition that all ethnography is indeed a good part confession-that we write what we are able to see. That is precisely the quality of the work that will guarantee the status of Nuer religion as a classic. The methods of history and anthropology can only become more similar. Anyone who holds an absence of definition or presumed repugnance toward theory as criticisms of his contributions, has truly lost the forest for the trees. It is all the more remarkable that his methodological and theoretical advances in the anthropological study of religion are to be found not in his answers, but in the questions he raised.10


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