The Constitutional Mechanism for the Realization of Social Interest in the Activities of Public Authorities: Organizational and Legal Components

2021 ◽  
Vol 19 (1) ◽  
pp. 1-18
Author(s):  
Nikolay Antsiferov

The article is devoted to the problems of the legal organization of public authority in the context of ensuring social interest. Given the idea of constitutionally limited power, the study considers two key elements of the mechanism for ensuring social interest - organizational and legal. The content of these elements is considered in the logic of their relationship with one another. Conclusions are made about their complementarity, on the one hand, and a certain degree of competition, on the other hand, and the problems of collisions between the elements under consideration are also revealed.

Author(s):  
Aleksandra Klich

On 14 March 2020 the state of epidemic threat was introduced in Poland applicable until 20 March 2020 when the state of epidemic was introduced in the territory of the Republic of Poland. The situation associated with the growing number of SARS-CoV-2 infections forced ongoing monitoring of the epidemic situation, which entailed an introduction of a number of restrictions and solutions intended to isolate the infected persons on the one hand, and to minimize the risk of development of an epidemic in Poland on the other. Activity of the Polish legislator is also essential, which tried to introduce solutions that would correspond with current expectations and needs. In this paper, the author points to the issues of communication with a public authority by specific reflections on the principles of serving documents on beneficiaries of EU programs under which they were awarded funding for their implementation. The author points to the dynamics of the legislator’s work in this respect by analyzing the rules for serving documents by a public authority on beneficiaries who are public entities and those who are not.


Author(s):  
Justyna Tlatlik

The aim of the article is to assess the admissibility of a medical staff strike from the perspective of the employees’, employers’, and social interest. The applicable labor law regulations do not give an unambiguous answer to the question whether medical workers have the right to strike, since striking is a special instrumentality for employees to protect their rights. On the one hand, the labor law does not literally deprive medical staff of the right to strike. On the other hand, there are numerous arguments supporting the notion that a strike of medical staff causes a threat to the health and life of patients who are deprived of medical care during a strike. Regulating the issue is therefore of significant importance, not only social, but also to the employment relationship parties.


Author(s):  
Kuldeep Mathur

This chapter reflects on parliamentary accountability of new governance institutions. Parliament has a constitutional agent in the office of the comptroller and auditor general (CAG) to report on the performance of government expenditure. On the one hand, it is contended that since institutions with PPPs include private investment, the CAG does not have a role in auditing them. On the other hand, the view is that these institutions are public authorities and come under the purview of the CAG. The debate is far from settled and public audit is still denied to these institutions. In this chapter, some instances where the CAG has undertaken audit on its own are presented.


2016 ◽  
Vol 75 (2) ◽  
pp. 57-69 ◽  
Author(s):  
Milda Perminiene ◽  
Roy M. Kern ◽  
Aidas Perminas

Abstract. The present study identified direct and indirect relationships between lifestyle attributes and exposure to workplace bullying (via the conflict-solving styles of problem solving, compromising, yielding, and forcing). Our results demonstrated that being cautious, going along, and taking charge were positively directly related to exposure to workplace bullying. In addition, higher belonging/social interest was related to less exposure to bullying via more frequent use of problem solving and less frequent use of forcing. Higher being cautious was related to greater exposure to bullying via less frequent use of problem solving. Higher going along was related to greater bullying via more frequent use of forcing. On the one hand, higher taking charge and wanting recognition were related to greater exposure to bullying via more frequent use of forcing. On the other hand, they were also related to less bullying via more frequent use of problem solving. The results prompt the inclusion of situational moderators that would help us to identify when conflict-solving styles are used. The conflict-solving styles of compromising and yielding did not explain the indirect effects, so the findings highlighted the two key conflict-solving dimensions of problem solving and forcing which partially explained the mechanisms that underlie the relationship between lifestyle attributes and workplace bullying.


1882 ◽  
Vol 28 (123) ◽  
pp. 356-369
Author(s):  
Achille Foville

The conditions established to regulate the admission of patients into lunatic asylums have given rise, in every country, to a great deal of discussion. On the one hand, many unacquainted with medicine are inclined to dread the abuse of the power to confine individuals not really insane under the pretext of insanity, and with more or less criminal intent; therefore these persons contend that admissions to asylums should be preceded by intricate formalities and repeated inquiries, with the interference of some public authority, such as a commission of either judicial or administrative officers. On the other hand, physicians advocate the necessity of prompt recourse to an asylum, not only for the patient's own benefit, but for his family's welfare; they demonstrate that a man labouring under acute insanity cannot be left to himself during the time required to set in motion the working of such complicated machinery as that proposed to be brought into action prior to his admission into a hospital; they further reject all interference of the public authorities to this end, as hurtful to private family feeling and the maintenance of professional secrecy, demanding, likewise, the greatest facilities for easy admission, guaranteed, nevertheless, by any number of subsequent examinations, or other means of inquiry into the case; and, finally, they hold that such supposed illegal confinements do not exist, since it has not been proved that any one really of sound mind has ever been shut up in any asylum, and that, therefore, the liberty of the subject is in no danger whatever. So in this respect we may rest confident, seeing that the past gives us full assurance for the future. Such is, upon the whole, the main point of dispute in every discussion on the subject, which happens to spring up again and again in different countries.


Author(s):  
Stefan Krause ◽  
Markus Appel

Abstract. Two experiments examined the influence of stories on recipients’ self-perceptions. Extending prior theory and research, our focus was on assimilation effects (i.e., changes in self-perception in line with a protagonist’s traits) as well as on contrast effects (i.e., changes in self-perception in contrast to a protagonist’s traits). In Experiment 1 ( N = 113), implicit and explicit conscientiousness were assessed after participants read a story about either a diligent or a negligent student. Moderation analyses showed that highly transported participants and participants with lower counterarguing scores assimilate the depicted traits of a story protagonist, as indicated by explicit, self-reported conscientiousness ratings. Participants, who were more critical toward a story (i.e., higher counterarguing) and with a lower degree of transportation, showed contrast effects. In Experiment 2 ( N = 103), we manipulated transportation and counterarguing, but we could not identify an effect on participants’ self-ascribed level of conscientiousness. A mini meta-analysis across both experiments revealed significant positive overall associations between transportation and counterarguing on the one hand and story-consistent self-reported conscientiousness on the other hand.


2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.


2003 ◽  
pp. 15-26
Author(s):  
P. Wynarczyk
Keyword(s):  
The Core ◽  

Two aspects of Schumpeter' legacy are analyzed in the article. On the one hand, he can be viewed as the custodian of the neoclassical harvest supplementing to its stock of inherited knowledge. On the other hand, the innovative character of his works is emphasized that allows to consider him a proponent of hetherodoxy. It is stressed that Schumpeter's revolutionary challenge can lead to radical changes in modern economics.


2018 ◽  
Vol 4 (1) ◽  
pp. 67-84
Author(s):  
Wahyudin Noor

Abstract Pesantren are often associated with backwardness and traditionalism in everything: facilities, technology, learning methods, and even the curriculum. For now, it seems like the traditional term for pesantren is no longer relevant enough. The pace of movement in the era of renewal marked by the rapid development of technology has demanded pesantren to make adjustments. However, on the one hand, when viewed from the direction of change, the reform efforts pursued by pesantren are not to erase the old tradition, but merely to add something new so that the old tradition and conditions can be maintained while accepting the presence of a new one. On the other hand, the reform efforts undertaken by pesantren have implications for the fact that the typical values of the pesantren are fading away. Abstrak  Pesantren seringkali diasosiasikan dengan keterbelakangan dan tradisional dalam segala hal: fasilitas, teknologi, metode pembelajaran, dan bahkan kurikulumnya. Untuk saat ini, sepertinya istilah tradisional untuk pesantren, sudah tidak lagi cukup relevan. Laju gerak pembaharuan zaman yang ditandai dengan pesatnya perkembangan teknologi telah menuntut pesantren untuk melakukan penyesuaian diri. Kendatipun demikian, di satu sisi, jika dilihat dari arah perubahan, upaya pembaharuan yang ditempuh pesantren tidaklah untuk menghapus tradisi yang lama, tetapi sekadar menambah dengan sesuatu yang baru sehingga tradisi maupun kondisi yang lama bisa dipertahankan sambil menerima kehadiran yang baru. Di sisi yang lain, upaya pembaharuan yang dilakukan pesantren ternyata berimplikasi pada kenyataan akan semakin pudarnya nilai-nilai khas yang dimiliki oleh pesantren.


2018 ◽  
Vol 1 (1) ◽  
pp. 37-52
Author(s):  
Karimatul Khasanah
Keyword(s):  

BASYARNAS’s verdict in resolving dispute can be negotiated or cancelled by submitting nullification to the Religious Court if the parties or one of them felt dissatisfied with the BASYARNAS verdicts. This case is important to be reviewed academically because of its paradox and ambiguity. On the one hand the decision is final and binding, but on the other hand it could be cancelled through the Religious Court. If the BASYARNAS verdicts really want to be final and binding, the nullification of the verdicts should be abolished. It can be replaced by an amendment of the verdict submitted to BASYARNAS and handed back to the arbitrator (arbitrator panel) who handles the dispute. Apart being fast and confidential, the arbitrator (judge) is more aware of the case, the reasons, evidences and witnesses of the dispute.


Sign in / Sign up

Export Citation Format

Share Document