scholarly journals How to get a farm, and where to find one Showing that homesteads may be had by those desirous of securing them: with the public law on the subject of free homes, and suggestions from practical farmers

1864 ◽  
Author(s):  
Edmund Morris ◽  
Keyword(s):  

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.


1930 ◽  
Vol 24 (1) ◽  
pp. 58-64 ◽  
Author(s):  
James Brown Scott

There is no topic of present interest, involving as it does the status of men, women and children of various countries, and even of birth in the same country, as that of nationality. It bristles with difficulties! To begin with, various terms are used, apparently meant to mean one and the same thing, although unless they are carefully defined, they may refer to different aspects of the subject. For example, “ national” is used as a synonym for “ subject” or “ citizen,” yet one may be a national of a country, and subject to its jurisdiction, without, however, being a citizen—as in the case of the Filipinos, who are, indeed, subject to the Government of the United States and entitled to its protection abroad, although they are not citizens either in the sense of international, or of national law. Then there is a difference of opinion as to the branch of law to which the matter belongs—the Englishspeaking peoples regarding it as forming part of the public law of nations, whereas others consider it as more properly falling within the domain of private international law, to which, in turn, the English world gives the not inappropriate designation of conflict of laws.


2000 ◽  
Vol 49 (2) ◽  
pp. 445-462 ◽  
Author(s):  
James T. Mchugh

The Supreme Court of Canada's advisory opinion inReference re Secession of Quebec, 1998(also known, more simply, as the “Quebec reference case”) has been the subject of much interpretation and comment, because of its obvious implications for the future of Canada.1However, it offers an arguably wider opportunity to consider the role of the judiciary within a liberal democracy. The professional nature of the legal process and its practitioners often has made legal and judicial institutions, to most of the public, distant and alien components of the political system. The technical aspects of many areas of law (such as contracts, torts, and civil procedure) may, in fact, make this area of public concern seem unapproachable to the average citizen; indeed, some legal practitioners may prefer that the law remain that way. That mystique often is transferred to the realm of constitutional law, where the use of technical terms (including Latin words and phrases) may serve, intentionally or not, to insulate legal arguments and proceedings from public scrutiny.2


Author(s):  
Anna Kravets

This article reveals the public law concept of “leadership”, theoretical grounds of municipal leadership, its role within the system of municipal democracy and territorial public self-government from the perspective of integral legal understanding and a communicative approach towards law. The goal of this research consists in the analysis of conceptual and normative legal framework of the institutions of public law and municipal leadership, impact of the institution of leadership upon development of the forms of municipal democracy in the context of Russian and foreign experience, as well as peculiarities of the influence of the institution of public law leadership upon the forms of governance in territorial public self-government The subject of this research is the scientific views, normative legal framework of regulation, organizational practice of the institution of public law and municipal leadership in territorial public self-government in the context of functionality of the forms of municipal democracy. The article employs the formal legal and comparative analysis, methods of dialectics, municipal legal hermeneutics, communicative approach, and critical rationalism in legal studies, which allows viewing the municipal leadership as a complex interdisciplinary legal and administrative institution that assists the implementation of the forms of municipal democracy, and improves the effectiveness of the territorial self-government in cooperation with branches and officials of the local self-government. The following conclusions are made: the institution of public law leadership should be viewed as interdisciplinary, which incorporates the sphere of public law on the one hand, and the sphere of state and municipal administration on the other hand; the works of the Russian and foreign researchers indicate that the  concepts of transformational leadership, leadership-service and adaptive leadership can be analytically applied to the institution of municipal leadership; it is necessary to improve the institution of public law and municipal leadership, and ensure new spheres of juridification of the requirements for the heads of territorial self-government on the federal and municipal levels.


2013 ◽  
Vol 2 (2) ◽  
pp. 309
Author(s):  
Moch Iqbal

Differences in the interpretation of the meaning of money the State and the State financial losses in our legal system relating to the criminalization of corporations has presented obscurity to universal norms and the law itself, when the offense of corruption seemed forced into a business cooperation agreement with the subject of international law involving other countries, raises international view that there is no rule of law in Indonesia. Should the option of thinking about state finances and the State loss, the choice is not on the Living Law (public will accept false), but the awareness of the public law that should be changed by law, Law as a tool of social engineering, so that law enforcement officers must actively change the legal awareness. Keywords: Corruption, corporations, State-Owned Limited


2018 ◽  
Vol 277 (3) ◽  
pp. 247
Author(s):  
Rafael Maffini ◽  
Juliano Heinen

<p>Analysis of the incidence of the Statute of Introduction to the Rules of Brazilian Law (in the writing given by Act 13.655/2018) on the interpretation of public law rules: interpretative operations and general principles of administrative law</p><p> </p><p>O presente trabalho pretende analisar as inovações legislativas produzidas pela Lei nº 13.655/2018, bem como suas consequências jurídicas. Tal Diploma Legal modificou o Decreto-Lei nº 4.657/1942, denominado de “Lei de Introdução às Normas do Direito Brasileiro”. Para tanto, o trabalho se dividiu em seis eixos teóricos: primeiro se disserta sobre as modificações legais que traçam parâmetros interpretativos com foco no “consequencialismo” e o “realismo” da interpretação do direito público. Por conseguinte, analisam-se as disposições relativas à segurança jurídica. Em um terceiro plano, confere-se ênfase aos mecanismos legais que franqueiam maior participação e consenso entre a administração pública e o cidadão. Ainda, tratar-se-á de analisar a reponsabilidade das autoridades públicas e dos agentes que atuam na função consultiva. Também a eficiência administrativa será objeto de estudo, percebendo o que a legislação mencionada inovou no tema. Por fim, será demonstrado como a motivação das condutas administrativas, já merecedora da devida importância, dado seu status de princípio constitucional, restou ainda mais prestigiada pela Lei nº 13.655/2018. Analisar-se-á dissertativamente tal legislação, essencialmente em relação aos aspetos relativos à aplicação da Lei de Introdução às Normas do Direito Brasileiro (na redação dada pela Lei nº 13.655/2018) no que concerne à interpretação e aplicação de normas de direito público e, muito particularmente, ao modo como, nessas operações interpretativas, se enformam certos princípios gerais de direito administrativo, a fim de se perceber analiticamente as mudanças e potencialidades feitas pela edição da recente norma.</p><p> </p><p>The present work intends to analyze the legislative innovations produced by Legal Act nº 13.655/2018, as well as its legal consequences. This legislation modified Legal Act nº 4.657/1942, called “Statute of Introduction to the Rules of Brazilian Law”. In order to do so, the work was divided into six theoretical axes: first, it discusses the legal modifications that draw interpretive parameters with a focus on “consequentialism” and the “realism” of the interpretation of Public Law. Consequently, the provisions on legal certainty are examined. In a third plan, emphasis is placed on the legal mechanisms that lead to greater participation and consensus between the Public Administration and the citizen. Also, it will be a question of analyzing the responsibility of the public authorities and of the agents that act in the advices function. Also the administrative efficiency will be object of study, realizing what the mentioned legislation innovated in the subject. Finally, it will be demonstrated how the motivation of administrative conduct, already deserving of due importance, given its status as a constitutional principle, remained even more prestigious under Legal Act nº 13.655/2018. Such legislation will be analyzed, essentially in relation to the aspects related to the incidence of the Statute of Introduction to the Rules of Brazilian Law (in the wording given by Legal act nº 13.655/2018) regarding the interpretation of norms of Law Public and, in particular, to the way in which, in these interpretative operations, certain general principles of Administrative Law are formed, in order to understand analytically the changes and potentialities made by the edition of the recent norm.</p>


2017 ◽  
Vol 38 (1) ◽  
pp. 275-299
Author(s):  
Aleksandra Popovski

The interest of the community regarding the use of public good is legally acknowledged as a public interest. In order to protect the public interest, a person of public law is not allowed to alienate the public good, nor burden it with certain forms of security rights. The power to dispose the public good is reduced to issuing licenses for the temporary and revocable use of the good that goes beyond general use. Approval may be issued in the form of an administrative act, concession or contract. Administrative act and concession enable the application of various remedies by which person of public law may protect the public interest. On the other hand, the contract as a legal basis for the use of public good does not allow a person of public law to enforce authoritative action and immediately protect the public interest. Nevertheless, administrative act and concession are underrepresented in the Croatian legislation, while contract has been given considerable space. Therefore, the subject of the article is the analysis of the regime of disposal of the public good, in order to critically address the adequacy of Croatian positive regulation from the viewpoint of the protection of the public interest, as well as to propose regulatory intervention in order to improve the present legal framework.


1999 ◽  
Vol 58 (1) ◽  
pp. 1-48
Author(s):  
Nicholas Bamforth

THE remedial aspects of judicial review illustrate in particularly vivid form the divergent nature of public and private law proceedings. The prerogative orders–mandamus, certiorari and prohibition–are available only via judicial review. Leave is required for judicial review but not for private law actions. By contrast with the private law writ procedure, judicial review must be brought promptly and within three months. In judicial review, a remedy can still be denied to the applicant who establishes a substantive case. As the Law Commission made clear in its Report Administrative Law: Judicial Review and Statutory Appeals, “[j]udicial review often involves values and policy interests, which must be balanced against and may transcend the individual interests, which are normally the subject of litigation between private citizens” (Law Com. No. 226, para. 2.1).


Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 263-275
Author(s):  
Marcin Miemiec

Independent municipal company under the public law in the public-law system of organizational forms of material services provided by communes in the Federal Republic of GermanyGerman municipalities provide intangible and tangible economic services to the members of their self-governmental municipalities. Intangible and tangible services are provided by entities that are part of the system — under private-law capital companies or public-law administrative companies or other forms of public-law companies that are independent of their municipalities and separated from the municipality executive apparatus. The subject matter of this study is the administrative company, generally referred to as amunicipal company under the public law. In the German terri­torial self-government, it is arelatively new legal entity that was established in the mid-nineties of the twentieth century. Although it has apersonality under the public law, its regime is largely based on capital companies. Compared to other entities — proprietary company or managed company —  it has relatively wide independence of its municipalities. Thus, it is often referred to as aform of inner-municipal decentralization. However, the municipality may have alarger influence on such a company’s organization and functioning compared to capital companies in which it holds shares.


2021 ◽  
Vol 43 (4) ◽  
pp. 215-231
Author(s):  
Aleksandra Szymańska

The famous 14th-century jurist Bartolus de Saxoferrato addressed the issues of tyranny at various points in his prolific scientific career, both in his commentary to the Corpus iuris civilis and in the public law treatises De regimine civitatis and De Guelfis et Gebellinis, where the theme of resistance against a tyrant was developed, whereas the legal theory of tyranny was comprehensively presented by him in the treatise De tyranno. The subject of the article is the analysis of the concepts of tyrant and tyrannical rule in Bartolus’ works.


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