scholarly journals O. KAHN-FRENND, LÉVY, B. RUDDEN, A Source-Book on French Law, Public Law : Constitutional and Administrative Law; Private Law : Structure, Contract, 3éd. revue par Bernard Rudden, Oxford, Clarendon Press, 1991, 523 pages, ISBN 0-19-876248-8.

1992 ◽  
Vol 33 (2) ◽  
pp. 641
Author(s):  
L. Neville Brown
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
French Law ◽  
Source Book

scholarly journals The Civil Service Law System in Poland – Selected Issues

2018 ◽  
Vol 3 (1) ◽  
pp. 16-25
Author(s):  
Wojciech Drobny
Keyword(s):  
Civil Service ◽  
Service System ◽  
Labor Law ◽  
Administrative Law ◽  
Public Law ◽  
Historical Background ◽  
Private Law ◽  
Law System

The article refers to the topic of civil service law in Poland. It describes the organization of civil service system in comparison to other international solutions and it gives the historical background of how it has been evolving so far. Particularly it refers to the elements of its regime, the position and duties of the Polish Head of the Civil Service and rights and duties of the civil service corpus’ members. The author claims that the changes taking place in the area of this part of law are due to the domination of private law (labor law) over public law (administrative law). This tendency currently prevails in the western legislation.

Part A Annotated Guide, 6 Private Enforcement of the Market Abuse Regulation in European Law

2017 ◽  
Author(s):  
Busch Danny
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Private Enforcement ◽  
Private Law ◽  
European Law ◽  
Legal Systems ◽  
Market Abuse ◽  
Annotated Guide ◽  
Market Abuse Directive

This chapter discusses the role of the Market Abuse Regulation in private law. An infringement of the MAR has an important effect on the private law relations between the infringer and the investing public. As regulatory provisions of this nature are classified as public law, any failure to comply with the MAR will also affect the infringer’s relationship with the competent financial supervisor. In other words, the relevant financial supervisor can enforce these provisions under administrative law in the event of an infringement. This is essentially no different from the situation under of the Market Abuse Regulation’s predecessor—the (former) Market Abuse Directive (2003/6/EC), as implemented in the various national legal systems.

Administrative Law

2021 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Public Law ◽  
First Century ◽  
Government Agencies ◽  
Private Law ◽  
The Subject ◽  
The Common ◽  
Twenty First Century

Administrative Law explains the constitutional principles of the subject and their application across the range of twenty-first-century administrative law. The focus on constitutional principles is meant to bring some order to the very diverse topics with which you need to deal if you are to understand this very complex branch of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.

scholarly journals Profesora Jana Bocia koncepcja interesu w prawie administracyjnym

2019 ◽  
Vol 16 (1 (1)) ◽  
pp. 165-174
Author(s):  
Marta Wożniak
Keyword(s):  
Public Interest ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Traditional Definition ◽  
The Individual ◽  
The Relationship ◽  
Academic Interests

This paper does not aspire to offer an overall presentation of Prof. Jan Boć’s contribution to the concept of interest, but is intended to point out several views of this author on the design of legal interest in administrative law, including an attempt to assess their validity.Some of these views now require revising, others give them a fresh look. Professor Jan Boć commented on the relationship between public law and private law, made successful attempts to define the relationship. In the area of Professor Jan Boc’s academic interests, there has always been the individual, and therefore the Professor devoted considerable space in his work to the construction of legal interest of the individual, which went beyond the traditional definition describing the conceptof public interest.

scholarly journals The Abuse of Rigts in Tax and Administrative Law

2011 ◽  
Vol 11 (1) ◽  
pp. 125-144
Author(s):  
Martina Radkova
Keyword(s):  
Rule Of Law ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Abuse Of Power ◽  
European Public

Abstract Aim of this article is to point out the recent development of the principle of abuse of rights in tax and administrative law. Subject of this article is not abuse of discretion, abuse of rule of law, abuse of power or eventual other abuses. Although abuse of rights is traditionally category of private law, we could observe application of this institute in European public law including the Czech public law.

Interim relief in the public law context

1999 ◽  
Vol 58 (1) ◽  
pp. 1-48
Author(s):  
Nicholas Bamforth
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Public And Private ◽  
The Public ◽  
Private Citizens ◽  
The Subject ◽  
The Individual ◽  
Law Commission

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).

Administrative Law

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Public Law ◽  
First Century ◽  
Government Agencies ◽  
Private Law ◽  
Complex Field ◽  
The Subject ◽  
The Common

Administrative Law explains the constitutional principles of the subject. It brings clarity to this complex field of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.

scholarly journals Wpływ ideologii totalitarnych na konstrukcje prawne stosowane w zakresie ograniczania autonomii woli jednostki na przykładzie modeli wiązania wzorców umownych

2021 ◽  
Vol 43 (4) ◽  
pp. 405-415
Author(s):  
Maciej Skory
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Historical Analysis ◽  
Theoretical Aspect ◽  
Administrative Law ◽  
Public Law ◽  
The Political ◽  
Private Law ◽  
Individual Freedom ◽  
Political Model

The paper aims to examine the influence of totalitarian ideologies on the issue of the mechanism of binding contractual standard forms. Although totalitarian ideologies mainly influence the situation of an individual through the norms of criminal law and administrative law (public law in its broadest sense), private law — especially in its theoretical aspect involving accepted legal constructs — is also influenced by the political doctrines dominant at a given time. As it seems, this also applies to such a technical and far-from-political model as that of contractual binding. It turns out that also in this area totalitarian concepts found room for restricting the scope of individual freedom. This is indicated by a certain correlation between the development of views on the nature of contractual forms and the mechanism of their binding and the intensification or weakening of totalitarian tendencies. Such a conclusion can be derived from the historical analysis of the views represented by the main representatives of French and German doctrine from the mid-19th to the mid-20th century.

scholarly journals Prawo administracyjne prywatne. Propozycja nowego terminu w siatce pojęciowej polskiego prawa administracyjnego

2018 ◽  
Vol 114 ◽  
pp. 149-165
Author(s):  
Witold Małecki
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Legal Framework ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Protective Measures ◽  
Public And Private ◽  
The Public

PRIVATE ADMINISTRATIVE LAW. THE PROPOSAL OF A NEWDistinction of the set of norms called ,,private administrative law” is conditioned by the recognition that the theorem on the public-law affiliation of administrative law is of typological relevance, not of classification relevance — in every branch of law also in administrative law it is possible to distinguish, in various proportions, norms of public and private law. The norms of private administrative law set the legal framework for public administration to use forms of activity that traditionally belong to private law in a way that prevents “escape to private law”, fusing private-law forms of activity and public-law protective measures. Public procurement law is presented as a model area of legal regulation within the scope of private administrative law.

National Report for Mexico

2013 ◽  
Author(s):  
Carlos Sánchez-Mejorada y Velasco
Keyword(s):  
Constitutional Law ◽  
Common Law ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Profit Motive ◽  
Private Law ◽  
Commercial Law ◽  
The Status

In civil law systems, such as Mexico, a distinction is made between civil law (‘derecho civil’) and commercial law (‘derecho mercantil’), which can be confusing to persons unfamiliar with the system. As is the case in common law jurisdictions, law in civil law systems can be divided into public law and private law, the latter being those laws that govern relationships between and among private parties, regarding which the state functions more as a ‘supervisor’ or an ‘umpire’ than as an authority. Public law would include constitutional law, administrative law, etc. In turn, private law comprises civil law, ie those rules governing the status, rights, and obligations of the residents of the state as persons, their property, their estates, their obligations, and their contracts; and commercial law, those rules governing all acts of the residents of the state that have a profit motive, which in Mexico—as well as in other jurisdictions—are called ‘acts of commerce’ (‘actos de comercio’).

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