scholarly journals Timber beds, protests and publics: conflicting meanings of the public interest on Devonshire Street, Sheffield

2020 ◽  
Vol ahead-of-print (0) ◽  
pp. 1-28
Author(s):  
Christopher Maidment
Keyword(s):  
Public Interest ◽  
Planning System ◽  
Small Scale ◽  
The Public ◽  
The Core ◽  
Planning Processes ◽  
Narrow Definition ◽  
Conflicting Interests ◽  
Definition Of ◽  
Use Of Knowledge

This paper discusses a case small in scale, but which raises questions around how different conceptions of what is in the public interest are reconciled in the English regulatory planning system. The case in question is the proposed redevelopment of three 1850s shops in Sheffield’s Devonshire Quarter, traditionally home to independent retailers. The article illustrates how a small-scale planning application can generate national attention, through a range of misunderstandings, conflicting interests and a narrow definition of what constitutes knowledge in English planning. Particular attention is paid to how a different approach to decision making might have facilitated a compromise solution, through thinking about what is in the public interest at different scales. The core argument is around the need to address how public participation in planning processes can be based on more equitable use of knowledge. This leads to conclusions around how the system can better reconcile multiple interests.

scholarly journals Public Interest in Spatial Planning Systems in Poland and Portugal

Land ◽  
2022 ◽  
Vol 11 (1) ◽  
pp. 73
Author(s):  
Waldemar A. Gorzym-Wilkowski ◽  
Karolina Trykacz
Keyword(s):  
Public Interest ◽  
Public Management ◽  
Spatial Planning ◽  
Planning System ◽  
Planning Systems ◽  
Management Tools ◽  
Dominant Position ◽  
The Public ◽  
Planning Processes ◽  
Enforcement Mechanisms

As the level of development increases, spatial planning is becoming more significant among public management tools. Although the issue of spatial planning and its mechanisms has been repeatedly investigated in the literature, the issue of clashing of interests of different actors remains to be examined. Therefore, the aim of this study was to compare the enforcement mechanisms of the public interest in the spatial planning systems of Poland and Portugal. The analysis was based on a comparative analysis of the legal basis of the spatial planning systems of the countries. The research confirmed the hypothesis that even with some sociocultural and economic similarities, different countries do not have to create similar mechanisms for the realisation of the public interest in spatial planning processes. The specific solutions adopted in Poland and Portugal differ so much that the enforcement of the public interest proceeds with very few similarities. The integrated Portuguese planning system, with its hierarchical elements, facilitates the achievement of the objectives of public entities. On the other hand, the Polish system, with the dominant position of the municipality, pushes great possibilities of influencing the planning by land administrators, and the poor location of spatial planning in all public tasks makes it difficult, and sometimes even impossible, to achieve public goals in space.

Private Water, Public Good

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Water Policy ◽  
Human Right ◽  
The Public ◽  
Strong State ◽  
Neoliberal Reforms ◽  
Narrow Definition ◽  
Definition Of ◽  
State Interventions

Chapter 4 provides an in-depth case study of water policy in Chile from the 1970s to present, including an evaluation of the outcomes of water policy under the privatized system from a human rights perspective. The chapter interrogates Chile’s reputation as a privatization success story, finding that although Chile meets the narrow definition of the human right to water and sanitation in terms of access, quality, and price, it fails to meet the broader definition that includes citizen participation in water management and policy decisions. The chapter argues that Chile’s relative success in delivering water services is attributable to strong state capacity to govern the water sector in the public interest by embedding neoliberal reforms in state interventions. The Chile case shows that privatization is not necessarily antithetical to human rights-consistent outcomes if there is a strong state role in the private sector.

Administrative Contracts in Serbian Law – Specificities of the New Statutory Regime

2020 ◽  
Vol 45 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Marija Karanikić Mirić ◽  
Tatjana Jevremović Petrović
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Practical Experience ◽  
The Public ◽  
Administrative Procedure ◽  
Public Purpose ◽  
General Rules ◽  
Rules And Principles ◽  
Private Entity ◽  
Definition Of

The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. There is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers.

Administrative Procedure and Judicial Review in China

2021 ◽  
pp. 44-46
Author(s):  
Xiaowei Sun
Keyword(s):  
Public Interest ◽  
Judicial Review ◽  
Global Market ◽  
The State ◽  
International Standards ◽  
Administrative Litigation ◽  
The Public ◽  
Administrative Procedure ◽  
Definition Of ◽  
Direct Applicability

This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of international standards in administrative litigation. Judicial review of administration is based on a set of legislative texts and judicial interpretations by the Supreme People's Court. Among these texts, the Administrative Litigation Law regulates the judicial review of administrative acts. There are two lists in its chapter concerning the scope of judicial review: one includes the administrative acts that are open to judicial review, another the acts that are not reviewable. In any case, it is up to the courts to examine the following two combinations of criteria: the degree of the seriousness of the infringement with the definition of the state interest and that of the public interest; and the degree of procedural breach with the definition of the real impact on the rights of the plaintiff. According to Article 76 of the ALL, in the case of annulment and/or declaration of unlawfulness of an administrative act, a court may order the administration to take measures to compensate the damage inflicted on the plaintiff.

Article 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing

2020 ◽  
Author(s):  
Gloria González Fuster
Keyword(s):  
Public Interest ◽  
Personal Data ◽  
Historical Research ◽  
Information Communication ◽  
The Public ◽  
Right To Be Forgotten ◽  
Definition Of ◽  
Data Subject

Article 4(9) (Definition of ‘recipient’); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject); Article 16 (Right to rectification), Article 17(1) (Right to erasure (‘right to be forgotten’)); Article 18 (Right to restriction of processing); Article 58(2)(g) (Powers of supervisory authorities); Article 89(3) (Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes).

17. Corporate rescue and liquidations in outline

2018 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

Part 3: Intercollegiate communication

2014 ◽  
Vol 96 (4) ◽  
pp. 116-117
Author(s):  
Andrew Montgomery
Keyword(s):  
Moral Responsibility ◽  
Public Interest ◽  
Professional Associations ◽  
The Public ◽  
Moral Standards ◽  
Definition Of

The commonly used definition of a professional is someone who is educated and trained to a standard that has certain strict codes of both ethical and moral responsibility and is often applied to someone working in the public interest for the good of society. The agreed relevant professional associations lay down ethical and moral standards.

scholarly journals Professional Self-Regulation and the Public Interest in Canada

2016 ◽  
Vol 6 (3) ◽  
Author(s):  
Tracey L. Adams
Keyword(s):  
Public Interest ◽  
Consumer Choice ◽  
Self Regulation ◽  
Regulatory Change ◽  
The Public ◽  
Business Interests ◽  
Professional Groups ◽  
Professional Self ◽  
Anglo American ◽  
Definition Of

The regulation of professional groups has often been justified as being in the public interest. In recent decades, policymakers in Anglo-American countries have questioned whether self-regulating professions have truly served the public interest, or whether they have merely acted in their own interests. This paper draws on legislative records and policy reports to explore meanings attached to professional self-regulation and the public interest in Canada by state actors over the past 150 years. The findings point to a shift in the definition of the public interest away from service quality and professional interests, towards efficiency, human rights, consumer choice, and in some contexts business interests. Changing views of the public interest contribute to regulatory change.

scholarly journals Tafsir Wewenang Seponering Jaksa Agung Pasca Putusan Mahkamah Konstitusi Nomor 29/PUU-XIV/2016

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
State Power ◽  
Constitutional Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
The Public ◽  
Legal Implications ◽  
The Republic ◽  
Definition Of

The affirmation of the attorney general's authority in the Elucidation of Article 35 letter C of the Indonesian Prosecutor's Law after the decision of the Constitutional Court Number 29/PUU-XIV/2016 still leaves problems and has the potential to cause new legal problems. This research will look at and analyze how the authority of the Attorney General after the decision is as well as how the concept of an ideal arrangement that ensures legal certainty. This research uses normative juridical research with a statutory approach and case studies which in this case are court decisions. The results showed that after Constitutional Court decision, there was a change in the meaning of the Elucidation of Article 35 letter c of the Republic of Indonesia Prosecutor's Law. Based on the results of these interpretations and decisions, the legal implications that followed were related to the conditions for setting aside cases in the public interest, namely in setting aside cases in the public interest, the Attorney General was required to 'require' first to pay attention to suggestions and opinions from state power agencies that have relationship with the problem. The concept of an ideal arrangement that can guarantee legal certainty as an indicator to measure and assess the implementation of the Attorney General's obligations can be done by clarifying the definition of "state power agencies" for which advice and opinions are requested and making criteria for the term "public interest".

scholarly journals Psychology, counseling psychology, and professional counseling: Shared roots, challenges, and opportunities

2017 ◽  
Vol 6 (1) ◽  
pp. 41-62 ◽  
Author(s):  
Peggy Brady-Amoon ◽  
Kathleen Keefe-Cooperman
Keyword(s):  
Counseling Psychology ◽  
Historical Analysis ◽  
Professional Counseling ◽  
Call To Action ◽  
The Public ◽  
Challenges And Opportunities ◽  
Narrow Definition ◽  
Definition Of ◽  
The U.S ◽  
Counseling Psychologists

Psychology, counseling psychology, and professional counseling are at a crossroad. The growing movement to establish professional counseling as a distinct profession, based on an increasingly narrow definition of professional identity, is particularly relevant to counseling psychologists and professional counselors and has implications for the broader field of psychology. A brief systematic historical analysis of these professional specialties in the U.S. provides the context to examine current challenges, including proposed restriction of master’s level training, licensure or other authorization to practice, and employment to graduates of programs accredited by the Council for the Accreditation of Counseling and Related Educational Programs (CACREP). These restrictions reduce services to the public and threaten the viability of counseling psychology and professional counseling in the U.S. These challenges also have significant implications for counseling psychologists in Europe and internationally given similar efforts. Going beyond a call to action, the article concludes with recommendations for counseling psychologists and allied professionals to address shared challenges, maximize shared opportunities, and foster enhanced intra- and inter-professional collaboration and cooperation.

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