scholarly journals REGARDING THE RELATIONSHIP BETWEEN THE CONCEPTS OF «OFFICIAL», «OFFICIAL OF A LEGAL ENTITY OF PUBLIC LAW» AND «SUBJECT OF DECLARATION» IN THE LAW

2020 ◽  
pp. 5-10
Author(s):  
O.Iu. Dubynskyi ◽  
O.A. Lomakina
Keyword(s):  
Public Law ◽  
Legal Entity ◽  
The Law ◽  
The Relationship

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

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’.

1. Introducing constitutions and public law

2021 ◽  
pp. 3-23
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

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’.

Developing Twenty-Four Hour Service Plans for Severely Handicapped Learners

AAESPH Review ◽  
1977 ◽  
Vol 2 (4) ◽  
pp. 209-216 ◽  
Author(s):  
James E. McCormack ◽  
Robert H. Audette
Keyword(s):  
Service Delivery ◽  
Public Law ◽  
Educational Service ◽  
School Activities ◽  
Severely Handicapped ◽  
Educational Plans ◽  
The Law ◽  
The Relationship

Public Law 94–142 will require many SEAs and LEAs to make significant modifications and/or additions in their educational service delivery capabilities and procedures. This paper examines the relationship between two aspects of the law, developing individual educational plans (IEPs) and serving the severely/profoundly handicapped. A model is provided for developing IEPs for the severely/profoundly handicapped which Integrates residential and school activities.

EC Law, UK Public Law and The Human Rights Act 1998: A New Integrative Dynamic?

1999 ◽  
Vol 2 ◽  
pp. 417-437
Author(s):  
Gordon Anthony
Keyword(s):  
Public Law ◽  
Legal Order ◽  
National Courts ◽  
General Terms ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Ec Law ◽  
The Relationship

The process of European legal integration has long been understood to engage the workings of domestic legal orders, EC law and, to a lesser extent, the law of the ECHR. In general terms, the relationship between these bodies of law has been characterised as involving the direct and indirect interchange of principle and practice across jurisdictions. An example of direct interchange is found in the EC law requirement that national courts give effect to rules emanating from the EC legal order in all cases raising EC law issues. The indirect form occurs in disputes which do not raise EC law issues but which see national courts voluntarily borrow from their experience within the EC legal order by way of developing the domestic legal system. Likewise, national courts and the European Court of Justice have relied upon the law of the ECHR, a “foreign” body of rules, in developing their respective legal orders.

Public Law Directions

2019 ◽  
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Practical Importance ◽  
Public Law ◽  
Practical Application ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Individual ◽  
The Uk ◽  
The Relationship

Public Law Directions provides a balance of depth, detail, context, and critique. The aim is to empower readers to evaluate the law, understand its practical application, and confidently approach assessments. The text offers scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear. It shows readers when and how to critically evaluate the law by introducing the key areas of debate and encourages a questioning attitude towards the law. Topics covered include: the UK constitution; constitutional principles and values; power in the UK including an examination of the three arms of state; an analysis of the relationship between the individual and the state; and a close examination of human rights, including a look at the Human Rights Act 1998.

EC Law, UK Public Law and The Human Rights Act 1998: A New Integrative Dynamic?

1999 ◽  
Vol 2 ◽  
pp. 417-437 ◽  
Author(s):  
Gordon Anthony
Keyword(s):  
Public Law ◽  
Legal Order ◽  
National Courts ◽  
General Terms ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Ec Law ◽  
The Relationship

The process of European legal integration has long been understood to engage the workings of domestic legal orders, EC law and, to a lesser extent, the law of the ECHR. In general terms, the relationship between these bodies of law has been characterised as involving the direct and indirect interchange of principle and practice across jurisdictions. An example of direct interchange is found in the EC law requirement that national courts give effect to rules emanating from the EC legal order in all cases raising EC law issues. The indirect form occurs in disputes which do not raise EC law issues but which see national courts voluntarily borrow from their experience within the EC legal order by way of developing the domestic legal system. Likewise, national courts and the European Court of Justice have relied upon the law of the ECHR, a “foreign” body of rules, in developing their respective legal orders.

The Irish Courts and the Administrative State

2021 ◽  
pp. 263-280
Author(s):  
Paul Daly
Keyword(s):  
Legal Pluralism ◽  
Public Law ◽  
Legal Interpretation ◽  
Administrative State ◽  
Legal Norms ◽  
The Law ◽  
The Relationship

Everyone in Ireland is affected by the administrative state. For the most part, the bodies involved are creatures of statute that are subject to the law, as set down by the superior courts. The focus in this chapter is on the constraints of public law, which is highly centralized, with legal interpretation firmly vested in the judicial branch. In addition, there is relatively little legal pluralism. Irish judges have adopted a traditionalist approach to the relationship between the judiciary and the administrative state. The courts control the articulation of legal norms, giving little or no weight to the views of non-lawyers about the meaning of law. They rely moreover on a formalistic distinction between questions of law, which are for the courts, and questions of fact or policy, which are for non-lawyers. Bringing comparative perspectives to bear allows us to observe how traditional Irish judges have been in this area.

Public Law Directions

2021 ◽  
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Practical Importance ◽  
Public Law ◽  
Practical Application ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Individual ◽  
The Uk ◽  
The Relationship

Public Law Directions provides a balance of depth, detail, context, and critique. The aim is to empower readers to evaluate the law, understand its practical application, and confidently approach assessments. The text offers scene-setting introductions and highlighted case extracts, making the practical importance of the law clear. It shows readers when and how to critically evaluate the law by introducing the key areas of debate and encourages a questioning attitude towards the law. Topics covered include: the UK constitution; constitutional principles and values; power in the UK including an examination of the three arms of state; an analysis of the relationship between the individual and the state; and a close examination of human rights, including a look at the Human Rights Act 1998.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

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