The Hughes Court

The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.

Public Law Restrictions in the Context of 3D Land Administration—Review on Legal and Technical Approaches

Intense exploitation of land implies the development of multi-level, multi-purpose, overlapping and interlocking structures on 3D space, thus resulting in complex, stratified, 3D real property rights between individual owners, as well as restrictions. Legislation regulates the ownership status and use of land by imposing restrictions known as Public Law Restrictions (PLRs). PLRs extend to various fields and various legislative frameworks, such as the protection of archaeological sites, protection and maintenance of underground infrastructures and utilities, environmental protection, flying of unmanned air vehicles, etc. PLRs are usually investigated in the context of property rights and restrictions in the various Land Administration Systems worldwide, and do not often gain specific attention. However, it is noticed that the restrictions that arise from Public Law need to be investigated and classified, so that they can be better utilised in the property status of land ownership. This review paper investigates the legal statutes on PLRs within the context of 3D land administration and the stipulations used to provide unambiguous modelling of PLRs, as provided by the relative literature. Moreover, the PLRs applied in the 3D space, to clearly depict rights, restrictions and responsibilities on the relevant spatial unit (land, air, marine parcel, mine, utility network, etc.), are particularly examined. Therefore, this work is to critically review and assess the aforementioned approaches on PLRs’ registration, modelling and organisation, as provided by a literature survey, and provides an overall view of the requirements and challenges within the development of 3D Land Administration Systems also considering standardisation developments.

Data privacy during pandemics: a systematic literature review of COVID-19 smartphone applications

Background On January 8, 2020, the Centers for Disease Control and Prevention officially announced a new virus in Wuhan, China. The first novel coronavirus (COVID-19) case was discovered on December 1, 2019, implying that the disease was spreading quietly and quickly in the community before reaching the rest of the world. To deal with the virus’ wide spread, countries have deployed contact tracing mobile applications to control viral transmission. Such applications collect users’ information and inform them if they were in contact with an individual diagnosed with COVID-19. However, these applications might have affected human rights by breaching users’ privacy. Methodology This systematic literature review followed a comprehensive methodology to highlight current research discussing such privacy issues. First, it used a search strategy to obtain 808 relevant papers published in 2020 from well-established digital libraries. Second, inclusion/exclusion criteria and the snowballing technique were applied to produce more comprehensive results. Finally, by the application of a quality assessment procedure, 40 studies were chosen. Results This review highlights privacy issues, discusses centralized and decentralized models and the different technologies affecting users’ privacy, and identifies solutions to improve data privacy from three perspectives: public, law, and health considerations. Conclusions Governments need to address the privacy issues related to contact tracing apps. This can be done through enforcing special policies to guarantee users privacy. Additionally, it is important to be transparent and let users know what data is being collected and how it is being used.

Publicznoprawne instrumenty „demokracji walczącej” w polskim systemie prawa

The Polish system of public law has legal mechanisms that reflect the idea of ​​a militant democracy, assuming the need to equip the democratic system with instruments that will allow it to defend itself against actions aimed at its annihilation. They appear both on the constitutional level and in the acts of administrative and criminal law. As a result, the problem of the instruments of militant democracy becomes an interdisciplinary issue. The conducted analysis shows that the instruments in question, in spite of appearances, have a lot in common. Their use causes similar problems, the source of which are, among others, disputes arising around the concepts of Nazism, fascism, communism and totalitarianism.

Ubezpieczenia ustawowe w PRL jako instytucja ubezpieczeń w gospodarce centralnie planowanej

The article concerns the issue of compulsory insurance known in the period of the Polish People’s Republic, which was created by the law itself — the so-called statutory insurance. The basic methods used are the legal-dogmatic method and the descriptive method, the study of legal literature, and the analysis of legal acts and jurisprudence, mostly of a historical nature. Statutory insurance functioned from the 1950s until the end of the 1980s in a centrally planned economy, being specific to the so-called socialist insurance. The insurance relationship concluded by the operation of law could exist in a monopoly situation — in the different categories of insurance there was only one state insurer. In the literature and jurisprudence of the time, the statutory insurance relationship was usually classified as a civil law relationship. Such an assessment, however, raises doubts due to the number of public-law elements occurring in this type of insurance. Statutory insurance was an artificial insurance element, serving fiscal purposes.

Institutional conditions for the implementation of sustainable development on the example of self-governing agricultural bodies in Poland

Motivation: The need for balance in the social, environmental and economic developments has been explored by numerous academic disciplines and fostered the implementation of subsequent political agendas both at the global and local levels. The 2030 Agenda for Sustainable Development adopted by the United Nations in 2015 is an example of an international initiative for sustainable development. All the goals of the Agenda were determined in view of global civilizational challenges, but in order for them to be implemented various stakeholders have to be involved, and projects on a national, regional, and local scale have to be carried out. Given the postulate of creating multilateral public and public-private partnerships for sustainable development and the principle of subsidiarity, it seems important to take into account the role of self-governing agricultural bodies in the system, implementing sustainable development goals. Agricultural self-governance is exercised in Poland through agricultural chambers established as public-law associations, forming part of the institutional system of public administration. The scope of tasks performed by these agricultural chambers covers matters of agriculture and rural development, including sustainable development. Aim: In her study the author seeks to answer the questions of whether the self-governing agricultural bodies in Poland are the key entities in the implementation of the postulates of sustainable development, or whether the competences of these agricultural chambers allow them to fully use the social potential of farmers for the dissemination of the concept of sustainable development. Results: The results of the survey demonstrate that the self-governing agricultural bodies play only a superficial role in the implementation of the sustainable development postulates. Although these agricultural chambers are formally established in the public law system, they do not have sufficient executive power, or material, human and financial resources to engage in effective action. The potential of the self-governing agricultural bodies to achieve the goals of sustainable development is not being fully used.

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

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.

Tyran i rządy tyrańskie w ujęciu Bartolusa de Saxoferrato

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.