scholarly journals Judicial Evidence as a Means of Proof before the Administrative Judge “A Study in the Saudi System”

2021 ◽  
Vol 11 (4) ◽  
pp. 4610-4622
Keyword(s):  
Public Interest ◽  
Private Interest ◽  
The Public ◽  
Effective Role

The judicial evidence - as a means of proof before the administrative judiciary - being built on the constructive role that the administrative judge enjoys, who is not a captive to the texts when considering a litigation of unequal parties regarding their legal positions, as he interferes with a positive and full authority. In fact, judicial evidence leads to creating a balance between the different legal positions of the litigants regarding the administrative lawsuit. Judicial evidence has an effective role in the process of proof and attribution of right and contributing to the balance between the public interest and the private interest, thus it requires the care of the administrative judge.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

Biotechnology, State Economic Development, and Interest Politics: a Troublesome Trinity

1991 ◽  
Vol 9 (2) ◽  
pp. 245-250
Author(s):  
William P. Browne
Keyword(s):  
Economic Development ◽  
Comparative Analysis ◽  
Public Interest ◽  
Planning Process ◽  
Private Interest ◽  
Strategic Planning Process ◽  
The Public ◽  
Logical Reason ◽  
State Economic Development

When finally U.S. political archives are reviewed comprehensively and definitively, one confusing point will still linger unresolved: were the artisans of politics crafting policy in response to visions of a public or a private interest? Portz and Eisinger's comparative analysis of state economic development efforts, with hopes pegged on biotechnology, grapples with that distinction at least by implication. Their instructive article needs revisiting - - and their useful findings and conclusions need follow-up research — because there is logical reason to fear that the strategic planning process is no more or less directed toward the public interest than is private interest advocacy.

scholarly journals Do the Orthodox Rules of Lawyering Permit the Public Interest Advocate to Do the Right Thing: A Case Study of HIV-Infected Prisoners

1992 ◽  
Vol 30 (4) ◽  
pp. 1258
Author(s):  
Judith Mosoff
Keyword(s):  
Public Interest ◽  
Private Interest ◽  
Public Interest Litigation ◽  
The Public ◽  
The Right ◽  
The Relationship ◽  
Do The Right Thing

The author explores the area of public interest litigation using her experiences as counsel for an HIV infected prisoner to illustrate public interest concepts and concerns. The author first provides a background to the case and then discusses the special considerations that must be addressed in public interest litigation. She points out how this approach differs from private interest litigation in such areas as the overall goal of litigation and in the relationship between counsel and other actors. In concluding, the author notes particular areas that need to be examined and improved for more effective public interest litigation.

scholarly journals Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 8 maja 2018 r., II OSK 1357/17 – aprobująca

2019 ◽  
Vol 17 (2) ◽  
pp. 125-132
Author(s):  
Marta Woźniak
Keyword(s):  
Property Rights ◽  
Public Space ◽  
Cultural Values ◽  
Public Interest ◽  
Public Law ◽  
Private Interest ◽  
The Public ◽  
Constitutional Principle ◽  
Principle Of Proportionality ◽  
Subjective Rights

The judgment of the Supreme Administrative Court of 8 May 2018 concerns the issue of relations of property rights to public interest, in connection with the resolution of the commune council, regarding the creation of a culture park. The resolution introduces a specific public-law regime in a given area, taking into account the general needs, which simultaneously causes interference in the sphere of subjective rights, in particular through a system of prohibitions and restrictions. The judgment is based on the conviction that there is a need in the public space to protect cultural values. In the aspect of the constitutional principle of proportionality, it is also important to consider the private interest in the area covered by protection in the form of a culture park.

scholarly journals PROBLEMS OF CRIMINAL LAW REGULATION OF PRIVATE (COMMERCIAL) BRIBERY

2020 ◽  
Author(s):  
Mariya Mihaylova ◽  
Keyword(s):  
Economic System ◽  
Criminal Law ◽  
Public Interest ◽  
State Regulation ◽  
The State ◽  
The Other ◽  
Private Interest ◽  
Normal Functioning ◽  
The Public ◽  
The One

The Bulgarian legislator is faced with the challenge and the need to re-evaluate its punitive policy to protect the normal functioning of the economic system. When regulating such a matter, it is necessary to look for a balance of values and interests, as on the one hand there is the public interest requiring a stable and workable economy and on the other hand the private interest requiring certain limits of the state regulation.

scholarly journals Framing “the Public Interest”: Comparing Public Lobbying Campaigns in Four European States

2018 ◽  
Vol 2 (1) ◽  
pp. 107 ◽  
Author(s):  
Oyvind Ihlen ◽  
Ketil Raknes ◽  
Ian Somerville ◽  
Chiara Valentini ◽  
Charlotte Stachel ◽  
...  
Keyword(s):  
Case Studies ◽  
Public Interest ◽  
Potential Problem ◽  
Political Systems ◽  
Special Interests ◽  
Private Interest ◽  
The Public

How do lobbyists get their way and what is the consequence for democracy of their strategies? It is frequently asserted that lobbyists appeal to the public interest to strengthen their proposals. This paper empirically corroborates this claim through four case studies cutting across different European cultural clusters and political systems. The paper unpacks how businesses communicatively construct a link between their private interest and the public interest. The findings illustrate the flexibility of the public interest argument and hence also the potential problem. If everything can be made out to be in the public interest, the concept becomes empty and easy to capture for special interests. At the same time, unpacking the communicative construction helps in critically evaluating lobbyists’ claims of working in the public interest.

scholarly journals Controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence: comparative analytical study: ضوابط الشروط المقترنة بالعقود في القانون المدني البحريني والفقه الإسلامي: دراسة تحليلية مقارنة

2021 ◽  
Vol 5 (15) ◽  
pp. 125-104
Author(s):  
Abdullah Mohammed Ali Al. Mekhlafi Abdullah Mohammed Ali Al. Mekhlafi
Keyword(s):  
Public Interest ◽  
Analytical Study ◽  
Civil Law ◽  
Private Interest ◽  
The Public ◽  
Islamic Jurisprudence ◽  
Civil Laws ◽  
Legal Controls ◽  
Financial Transactions ◽  
The Impact

This study deals with the controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence. The knowledge of conditions carries great importance in the financial transactions that take place between individuals in society, and in particular the contracts that are concluded between the contracting parties and the terms that contain these contracts and which are relied upon in The protection and guarantee of contracting funds, as the various contracts and actions through which individuals practice different transactions include many conditions, and on these conditions the validity and invalidity of contracts depend, and given the impact of the conditions on contracts, civil laws have interfered and legal controls have been set for the conditions that are set in the different contracts to protect it from nullity. This research aims mainly to define the legal and controls for the conditions associated with contracts in Bahraini civil law and Islamic jurisprudence, and to show the impact of conditions on the validity of contracts. This study has reached a number of results, the most important of which is that the principle in the conditions is permissibility and not prohibition, and it has restricted freedom in terms of contracts associated with contracts by placing exceptions on the original in order to achieve the public interest and the private interest, and adopting this principle is a desire of the Bahraini legislator not to restrict and limit the contracting parties. The permissibility of the conditions associated with contracts in specific conditions, and the study also showed that adherence to the legal controls related to the conditions protect contracts and actions from nullity, and the contracting parties avoid disputes and material losses that may befall them as a result of contract nullity in the event of Non-compliance with legal and legitimate Controls.

scholarly journals Artificial intelligence, tech corporate governance and the public interest regulatory response

2020 ◽  
Vol 13 (1) ◽  
pp. 37-54 ◽  
Author(s):  
Alan Dignam
Keyword(s):  
Artificial Intelligence ◽  
Corporate Governance ◽  
Public Interest ◽  
Private Interest ◽  
Regulatory Response ◽  
The Public ◽  
Regulatory Model

Abstract This article attempts to get to the heart of some of the general misunderstanding of artificial intelligence (AI), its existent dangers and its problematic autocratic governance centred on US and Chinese tech dominance of the area. Having considered the extent of each in turn it proposes a regulatory model to place public rather than private interest at the heart of both technical and governance centred AI regulation.

scholarly journals RUMI compensation fund as a type of public finance

2020 ◽  
pp. 66-70
Author(s):  
A. V. Kiseleva ◽  
Yu. A. Kolesnikov
Keyword(s):  
Public Finance ◽  
Public Interest ◽  
The State ◽  
Private Interest ◽  
The Public ◽  
Role Of The State

The Article analyzes the criteria for classifying specific financial funds as to the public ones. The article examines the concept of public interest, its separation from private interest, and the role of the state in forming the category of public interest. The funds of the Russian Union of Motor Insurers are considered as a category of public finance.

A Civil Law Perespective on the Supreme Court and its Functions

2019 ◽  
Vol 81 ◽  
pp. 44-86
Author(s):  
Aleš Galič
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Civil Law ◽  
Important Criterion ◽  
Private Interest ◽  
Supreme Courts ◽  
The Public ◽  
The Supreme Court ◽  
The Times ◽  
Selection Of

The text presents the issue of the Supreme Court’s functions from the perspective of civil law countries. The author argues that the division into cassation, revision and appeal is not an adequate point of reference enabling to define those functions. The author asserts that the most important criterion is whether the Supreme Court acts overwhelmingly in public or private interest. The assessment of that criterion should be made on the basis of the methods of selection of cases by the Supreme Court. What is essential is whether the selection is based on public aims or whether it simply aims at solving a given case accurately. It may be argued that as a result of reforms introduced in the last few years, the majorityof civil law countries have focusedon the implementation of the public rather than private functions. The author concludes that the public function of supreme courts is of a completely different significance than in the times of socialism. The public interest is combined with private interest as it refers to the situation of parties – not parties to the specific proceedings, but all parties which are going to engage in litigation in the future.

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