Income Support Systems for Family Dependents on Marriage Breakdown: An Examination Of Fundamental Policy Questions [Part 5 of 5] Public Law Alternatives to the Private Law System

1982 ◽  
Author(s):  
Julien David Payne
Keyword(s):  
Support Systems ◽  
Public Law ◽  
Private Law ◽  
Income Support ◽  
Law System

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.

Security and Public Order in Polish Public Law

2017 ◽  
Vol 9 (1) ◽  
pp. 109-122
Author(s):  
Dariusz Brakoniecki
Keyword(s):  
Political Ideology ◽  
Public Law ◽  
Public Security ◽  
Public Order ◽  
Private Law ◽  
Law System ◽  
Private And Public ◽  
Scope Of Application ◽  
Substantive Law

In this paper the author discusses the position and role of security and public order in the Polish public law system. The division into public law and private law included is not the first. It is derived from the work of Ulpian, and was later included in the Digest of Justinian. Its further development, depending on the region, accepted political ideology and the philosophy of law, took on a different shape, determining the way of perceiving the law. It should be assumed that the concept of separation between public law and private law is the domain of substantive law, and its application is primarily found in scientific digressions. The considerations are of theoretical nature, pointing to the scope of application of the concept of security, which is wrongly equated with the concept of public order, in various legal acts ranging from acts in law and international law, through executive acts, to local law and internal ordinance regulations. These have recently shown a dramatic increase in the role of security and public order in the decision-makers and legislators conceptions. Despite the importance and demand for the good of public security and public order, which is at the same time one of the basic functions of public administration, the legislator has only presented this issue in a fragmented way, referring only to particular areas of law which, despite use by numerous judicators, still raise some doubts in respect of interpretation. In the area of the issue discussed, the author also points to the tendency of blurring the boundary between the sphere of public law and the sphere of private law, in particular by dislocating public service provision in the field of public security and order, to paid for services provided by private parties in this area. The result of this synthesis is a partial indication of the dangers resulting from differences in the constitutional guarantees of private and public law.

scholarly journals Samodzielne przedsiębiorstwo komunalne prawa publicznego w systemie publicznoprawnych form organizacyjnych świadczenia usług materialnych przez gminy w Republice Federalnej Niemiec

Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 263-275
Author(s):  
Marcin Miemiec
Keyword(s):  
Twentieth Century ◽  
Federal Republic ◽  
Subject Matter ◽  
Public Law ◽  
Organizational Forms ◽  
Private Law ◽  
Legal Entity ◽  
Law System ◽  
The Public ◽  
The Subject

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.

A Private Law Court in A Public Law System

2018 ◽  
Vol 12 (1) ◽  
pp. 37-72 ◽  
Author(s):  
Jamal Greene
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Public Law ◽  
Private Law ◽  
Constitutional Democracy ◽  
Disparate Impact ◽  
Economic Rights ◽  
Law System ◽  
Social Facts ◽  
The U.S

Abstract The U.S. Supreme Court’s approach to human rights is a global outlier. In conceiving of rights adjudication in categorical terms rather than embracing proportionality analysis, the Court limits its ability to make the kinds of qualitative judgments about rights application required to adjudicate claims of disparate impact, social and economic rights, and horizontal effects, among others. This approach, derivative of a private-law model of dispute resolution, sits in tension with the rights claims typical of a pluralistic jurisdiction with a mature rights culture, in which litigants more often disagree, reasonably, about the scope of rights rather than deny that others have them at all. In order to overcome the mismatch between the nature of the rights claims the Court faces and its anachronistic technology of adjudication, it will need not only to adopt a form of proportionality analysis but it will also need to adjust the ways in which it receives and assesses empirical social facts and it will need to broaden its remedial toolkit to include, for example, suspensions of invalidity. While proportionality is far from perfect, its flaws are anticipated by the challenges of constitutional democracy itself under conditions of pluralism.

scholarly journals Historical roots and current state of the “public - private law” issue in French legal doctrine

2021 ◽  
Vol 25 (3) ◽  
pp. 562-585
Author(s):  
Alexey P. Semitko
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Public Law ◽  
Social Market Economy ◽  
Private Law ◽  
Legal Doctrine ◽  
Public And Private ◽  
Law System ◽  
Private And Public ◽  
Social Market

The Soviet legal system did not know the division of law into private and public, because communist ideology did not recognize anything private. The end of communist experiment and transition to legal state, social market economy and respect for human rights naturally led to the need to revive private law and to further develop it; therefore in Russian jurisprudence the issue of dividing the law into private and public has become relevant. The subject is the French legal doctrine on this issue; the study is carried out on the unpublished in Russia sources. The historical roots of the basic division of law and its significance for the French legal system are in the focus. Despite the absence of rigid boundaries in this division, the theory describing it is based on the real legal reality of the Romano-Germanic family of legal systems. This theory is not abstract theorizing; it is useful for practice because it aims to maintain a balance between public law and private law regulation. The issue of basic division of law in the case law system is discussed. A comparative study of the issue in the Russian legal doctrine is conducted. The author comes to the conclusion that human rights are the common part that unites public and private law, and therefore their unity is inextricable: the abrogation of private law, as the experience of building communism in Russia showed, inevitably leads to the destruction of human rights, and then to the transformation of public law into a pseudo-legal system.

The use and Enforcement of Soft Law by Australian Public Authorities

2014 ◽  
Vol 42 (1) ◽  
pp. 1-37 ◽  
Author(s):  
Greg Weeks
Keyword(s):  
Judicial Review ◽  
Public Law ◽  
Soft Law ◽  
Private Law ◽  
Public Authorities ◽  
Regulatory Aspects ◽  
Highly Effective ◽  
Judicial Remedies

Soft law is a pervasive phenomenon which is highly effective as a means of regulation in Australia, as it is in many other jurisdictions. This article will not focus on the regulatory aspects of soft law, but will examine the capacity of individuals to obtain remedies where public authorities fail to adhere to the terms of their published soft law. The available judicial remedies apply in very limited circumstances, both in private law actions (in tort or equity) and public law (judicial review) actions. Ultimately, the most effective ways to remedy breaches of soft law appear also to be ‘soft’, such as recommendations of the Ombudsman and discretionary schemes for ex gratia payments.

User Property, User Rights, and User Privileges

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Public Law ◽  
Copyright Law ◽  
Future Application ◽  
Private Law ◽  
The Public ◽  
Freedom Of Contract ◽  
Competing Interests ◽  
Regulatory Changes ◽  
Law And Policy ◽  
User Property

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.

Private and Public Law

2020 ◽  
pp. 574-592
Author(s):  
Thomas W. Merrill
Keyword(s):  
Law And Economics ◽  
Public Law ◽  
Private Law ◽  
General Criterion ◽  
The Public ◽  
Private Ordering ◽  
Public Rights ◽  
Private And Public ◽  
The Relationship ◽  
Derivatives Of

This chapter explores the relationship between private and public law. In civil law countries, the public-private distinction serves as an organizing principle of the entire legal system. In common law jurisdictions, the distinction is at best an implicit design principle and is used primarily as an informal device for categorizing different fields of law. Even if not explicitly recognized as an organizing principle, however, it is plausible that private and public law perform distinct functions. Private law supplies the tools that make private ordering possible—the discretionary decisions that individuals make in structuring their lives. Public law is concerned with providing public goods—broadly defined—that cannot be adequately supplied by private ordering. In the twentieth and twenty-first centuries, various schools of thought derived from utilitarianism have assimilated both private and public rights to the same general criterion of aggregate welfare analysis. This has left judges with no clear conception of the distinction between private and public law. Another problematic feature of modern legal thought is a curious inversion in which scholars who focus on fields of private law have turned increasingly to law and economics, one of the derivatives of utilitarianism, whereas scholars who concern themselves with public law are increasingly drawn to new versions of natural rights thinking, in the form of universal human rights.

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