The Public Power Spillover in Technology Markets Does it Leave Room for Any Competition?

2016 ◽  
Author(s):  
Vlad Dan Roman
Keyword(s):  
Public Power ◽  
Technology Markets ◽  
The Public

scholarly journals How Reflective and Critical Norm-Usage Paves the Way to the Public Power of Judgement

2019 ◽  
Vol 33 (1) ◽  
pp. 175-188
Author(s):  
Karolina M. Cern
Keyword(s):  
Legal Reasoning ◽  
Public Power ◽  
The Public ◽  
Democratic Polity ◽  
Power Needs ◽  
The Way

Abstract The purpose of this paper is to demonstrate that Neil MacCormick’s conception of norm-usage makes it necessary to address the concept of the public power of judgement as the key concept for understanding the democratic legitimization of current law. Therefore, firstly I analyse MacCormick’s conception of norm-usage, secondly I demonstrate that it leads to the idea of the institutionalisation of judgemental–interpretative practice, and thirdly, I show that the latter paves the way to the public power of judgement. Finally, I argue that this power needs to be elaborated in terms of competencies which are broader than legal skills and legal reasoning, and, further, that these competencies condition the use of both legal skills and reasoning. Importantly, MacCormick’s contribution to understanding the public power of judgement—when further developed—may indicate the profound role of comprehending the proper significance of law in a democratic polity and its relationship to the citizenry.

Prosecutorial Discretion and Judicial Review: An Analysis of Recent Canadian and South African Decisions

2021 ◽  
Vol 35 (2) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
South African ◽  
Prosecutorial Discretion ◽  
Public Power ◽  
The Public ◽  
Canadian Experience ◽  
Political Interference ◽  
Administration Of Justice ◽  
The Supreme Court ◽  
Judicial Scrutiny ◽  
National Director

The question whether the functions performed by the prosecutor in the criminal justice system are subject to judicial scrutiny has been a matter for concern in common-law jurisdictions for quite some time. The courts in the Commonwealth generally agree that prosecutors must function independently; act fairly and responsibly in the interests of the public; and must be free from political interference. Their role in the administration of justice is to uphold the rule of law. Therefore, the exercise of prosecutorial discretion should ordinarily not be interfered with by the courts except in rare cases. However, the extent to which the courts, in respective Commonwealth jurisdictions, review prosecutorial discretions differs. A comparative study of the Canadian experience and the South African approach, where the judicial approaches to the review of prosecutorial discretion significantly differ, is a clear illustration. In Canada, the courts hardly interfere with, or review the manner in which the prosecutor performs his or her duties, except that prosecutorial discretion is not immune from all judicial oversight, since it is reviewable for abuse of process (see R v Anderson [2014] 2 SCR 167). In South Africa on the other hand, the exercise of the powers of the prosecutor and their ramifications are, like every exercise of public power, subject to the constitutional principles of legality and rationality. The recent judgments of the Full Bench of the Gauteng Division, Pretoria in Democratic Alliance v Acting National Director of Public Prosecutions 2016 (2) SACR 1 (GP) as affirmed by the Supreme Court of Appeal in Zuma v Democratic Alliance 2018 (1) SA 200 (SCA)—the so-called ‘spy-tape’ saga—are the latest illustrations of this approach.

scholarly journals O princípio da proteção da confiança como obstáculo à anulação de atos administrativos - The principle of the protection of confidence as an obstacle to the annulment of administrative acts

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Marina Rúbia Mendonça Lôbo De Carvalho ◽  
Andressa Guimarães Freire
Keyword(s):  
Public Administration ◽  
The State ◽  
Temporal Modulation ◽  
Self Assessment ◽  
Public Power ◽  
The Public ◽  
Legitimate Expectation ◽  
De Se ◽  
And Behaviors ◽  
The Individual

<p>Os atos, condutas e comportamentos do Poder Público gozam de presunção de legitimidade, gerando, em diversas situações, expectativas nos indivíduos. Pode o Estado, no uso de suas prorrogativas, violar aquelas expectativas, causando efeitos negativos à ordem econômica, por despertarem desconfiança e instabilidade nas relações com o Poder Público. Delimitada a ênfase do presente trabalho à função administrativa do Estado, visou-se compreender o princípio da proteção da confiança como instrumento de tutela da expectativa legítima do indivíduo, por impor limites à Administração Pública na anulação de atos administrativos. Nessa situação, viu-se que referido princípio pode conflitar com a legalidade e a autotutela, sendo o caso de se buscar um juízo de ponderação, que resultará na manutenção do ato ou na sua anulação, esta podendo ser com efeitos <em>ex tunc</em>, com efeitos <em>ex nunc</em> ou com a modulação temporal dos efeitos para um determinado momento futuro.</p><p> </p><p>The acts, practices and behaviors of the Public Power in the exercise of legitimation, can generate, in several situations, expectations in individuals. The Estate, in use of its prerogatives, can breach expectations, generating a negative economic response, lack of confidence and instability in its relations. Thus, the principle of protection defends the preservations of these state acts, which effects extend in time, giving the individual an expectation of continuity, even if they are illegal or unconstitutional. Delimiting the emphasis of the present work on the administrative function of the State, it was intended to understand the principle of the protection of trust as an instrument to protect the legitimate expectation of the individual, for imposing limits to the Public Administration in the annulment of administrative acts. In this situation, it was seen that this principle may conflict with legality and self-assessment, being the case of seeking a weighing judgment, which will result in the maintenance of the act or its annulment, this being possible with the temporal modulation of the effects for a certain future moment.</p><p> </p><p> </p>

scholarly journals GESTÃO PÚBLICA EM ACCONTABILITY: ESTUDO COM PREFEITURAS DO ESTADO DO CEARÁ

2019 ◽  
Vol 8 (1) ◽  
pp. 29
Author(s):  
Nathaly Maria Martins Freire ◽  
Douglas Willyam Rodrigues Gomes ◽  
Oderlene Vieira de Oliveira
Keyword(s):  
Public Administration ◽  
Public Institutions ◽  
External Control ◽  
Public Power ◽  
Fiscal Responsibility ◽  
The Public ◽  
Contemporary World ◽  
Public Resources ◽  
Qualitative Work ◽  
Share Information

No mundo contemporâneo vem se tornando mencionado em maior frequência os controles nas contas públicas. O controle externo, torna-se uma ferramenta que auxilia o controle das despesas e que na Administração pública vem sendo efetivado pelos Tribunais de Contas. Justifica-se esse estudo pela importância do controle externo das contas públicas e o acesso às informações, afim de obter-se accountability fidedigna dos órgãos públicos. Assim, nota-se a utilidade de instituições que repassem as informações para os habitantes, que proporcionem transparência à gestão pública, que correspondam a reais agências de accountability, de transparência, que disponha respostas e realize prestação de contas dos recursos públicos. O presente artigo tem como objetivo geral identificar as contribuições que o Tribunal de Contas dos Municípios (TCM) traz para o processo de prestação de contas nos municípios objeto de pesquisa. No referencial foram abordados conceitos sobre accountability e sobre a Lei de Responsabilidade Fiscal (LRF). Metodologicamente é um trabalho de natureza bibliográfica, descritiva e qualitativa. Os resultados encontrados mostram que os TCM é um órgão que executa o processo de accountability nos municípios em que existe. Conclui-se que os TCM’s proporcionam fiscalização dos recursos patrimoniais, direcionados pelos administradores do poder público e controle do mesmo, a fim de facilitar o processo de prestação de contas entre a sociedade e a classe dos governantes municipais. PUBLIC ADMINISTRATION IN ACCOUNTABILITY: A STUDY WITH CITY HALLS FROM CEARÁ STATE ABSTRACT In contemporary world the control of public accounts is being mentioned more frequently. The external control becomes a tool that assists the control of expenses and it is what the public administration has been done by Courts of Accounts. This study is justified by the importance of external control of the public accounts and the access to information, in order to obtain reliable accountability of public institutions. Therefore, it is noticed the usefulness of institutions that share information to the citizens, providing transparency to the public administration, which correspond to real agencies of accountability, of transparency, giving answers and performing accountability of public resources. This paper aims to identify the contributions that the Municipal Courts of Accounts (TCM) brings to the process of accountability in the cities that are object of this research. In the referential were used concepts about accountability and about the Fiscal Responsibility Law (LRF). Methodologically it is a bibliographical, descriptive and qualitative work. The results indicate that the TCM is an institution that executes the accountability process in the cities where it is present. It is concluded that TCMs provide supervision of patrimonial resources, directed and controlled by the administrators of public power, in order to facilitate the process of accountability among society and the class of municipal governors.

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

From Jerusalem to Rome via Constantinople

2017 ◽  
Author(s):  
Marinos Diamantides ◽  
Anton Schütz
Keyword(s):  
Roman Empire ◽  
Legal Aspects ◽  
The Other ◽  
Giorgio Agamben ◽  
Public Power ◽  
The Public ◽  
The One ◽  
Religious Aspects ◽  
The Church ◽  
Institutional Order

The globalisation of the Western-Christian institutional order in its manifest legal aspects, but not necessarily of its latent religious aspects, puts a supplement of importance onto the need of grasping its genesis. The most decisive note is located — or so we argue — in unfolding the classical division between polis and politics on the one hand, and the household and the art of handling it (management or oikonomia) on the other, in Christian times. These divides delivered the blueprint for the divide that would differentiate, over more than a millennium, the public power of the Roman Empire in its Eastern and Western re-embodiments from that of the Church. We also refer, by way of contrast, to the pre-Christian biblical model of the divide. Further, by contrast to Giorgio Agamben, we specify that while the today thoroughly studied occidental West, availing of a simplified trinitarian creed, instituted legitimate public power as subject to on-going conflictual competition between the so-called ‘two powers’, the still much less studied East struggled to preserve the unity, or as the Byzantines called it, 'symphony', of the Whole in line with its (original) version of Trinitarianism.

“Plant Yourselves on its Primal Granite”: Slavery, History and the Antebellum Roots of Originalism

2019 ◽  
Vol 37 (03) ◽  
pp. 743-761
Author(s):  
Aaron R. Hall
Keyword(s):  
Legal Reasoning ◽  
Public Power ◽  
Constitutional Politics ◽  
Antebellum America ◽  
Legal Professionals ◽  
The Public ◽  
Origin Stories ◽  
Memory Culture ◽  
History Of ◽  
Constitutional Identity

This essay considers how the cultural authority of the constitutional Founding became legal authority in antebellum America. Examining a series of cases implicating the constitutional politics of slavery, it illustrates how legal professionals grasped the public power of constitutional origin stories. To produce meanings and legitimate rulings, lawyers and judges wrote and reproduced narratives about slavery at the Founding, converting ascriptions of original constitutional visions in formal constitutional law. This power derived from the ongoing popular construction of the Founding as a venerated and authoritative moment containing unwritten intentions, understandings, and promises binding upon subsequent generations. The essay argues that these developments belong to the deep history of originalism. By approaching originalism as a form of constitutional politics integrating public memory culture and legal reasoning, the essay locates the central public and juridical dynamics of originalism emerging in struggles over the constitutional identity of slavery.

Democracy as Public Law: The Case of Constitutional Rights

2013 ◽  
Vol 14 (8) ◽  
pp. 1017-1037 ◽  
Author(s):  
Richard Bellamy
Keyword(s):  
Ad Hoc ◽  
State Power ◽  
Public Law ◽  
Constitutional Rights ◽  
Public Power ◽  
The Public ◽  
Public Behavior ◽  
The Law ◽  
Over Time ◽  
Do So

The distinctive domain and character of public law have become—and in certain respects always were—unclear and, to a degree, contested. As a result, any definition is likely to be to some extent stipulative. For my purposes, I want to refer to public law in two broad and related senses—as applying to a certain kind of body and its functions, and as requiring a certain kind of justification. The first sense refers to the actions of the state and its administration. Of course, it will be pointed out that these are increasingly performed by private bodies and often involve legal activities that have been associated with private parties and doctrines, such as procurement and contract. Nevertheless, government and the administrative apparatus more generally can still be considered as possessing distinctively broad, authoritative, and coercive powers which in various ways make their subjection to the law both problematic and pressing: Problematic in that they play a central role in the making and enforcement of the law, pressing in that this role renders them more powerful than other bodies. The second sense enters here. For the justification of state power has come to rest on its serving the public ends of the ruled rather than private ends of the rulers, and certain public qualities of law have been thought to oblige those who wield state power to do so in a publically justified and justifiable way. Ruling through laws has been viewed as different from rule by willful, ad hoc commands because laws have certain characteristics that render them capable of coordinating and shaping public behavior in consistent and coherent ways over time, while ruling under the law likewise forces rulers to adopt public processes and offers an additional incentive to devise laws that treat rulers and ruled equitably. Again, these matters are far from straightforward. How far laws need to, or even can, always possess the requisite qualities and the degree to which these do constrain power holders are matters of dispute. Yet, that all law has to have some public qualities—for example, that it be promulgated and capable of being followed in ways that make it publicly recognized as law—and that these features formalize power to a degree, is reasonably undisputed. Increasingly, though, and even more controversially, many jurists have wanted to suggest that legality also involves certain substantive qualities of a public kind—that laws must appeal to public reasons that all subject to them can accept as reflecting, or being compatible with certain basic interests or values that are equally shared by all. Such arguments have come to be identified with rights and in particular constitutional rights, which are deemed to set the terms of how and to what purpose political power may be legally exercised. In this way, the two senses of public law come together. Constitutional rights define and mark the limits of public power in ways that can be publicly justified, and thereby ensure it serves public ends. They thereby serve what Martin Loughlin calls the “basic tasks of public law;” namely, “the constitution, maintenance and regulation of governmental authority.”

Stakeholder views of source separation collection programme in East São Paulo, Brazil

2020 ◽  
pp. 0734242X2097277
Author(s):  
João Alexandre Paschoalin Filho ◽  
Andrea Ghermandi ◽  
António José Guerner Dias ◽  
Eliana Gonçalves da Luz ◽  
Tatiana Tucunduva Phillipi Cortese
Keyword(s):  
Municipal Solid Waste ◽  
Solid Waste ◽  
Participatory Approach ◽  
Sao Paulo ◽  
São Paulo ◽  
Collection System ◽  
Public Power ◽  
The Public ◽  
Worker Cooperatives ◽  
The City

The investigation of the views of the stakeholders involved in the municipal solid waste separate collection programme (CP) performed in the East Zone of the city of São Paulo is presented in this paper. Aiming to obtain the necessary information to be analysed, interviews with the manager of the Municipal Urban Cleaning Authority (MUCA) of the city, with leaders of recycling worker cooperatives (WCs), and citizens were performed using semi-structured questionnaires. The analysis was performed using the software “IRAMUTEQ”. The results show that, in the view of the manager of the MUCA of the city and the WCs’ leaders, the low adhesion of the population to the separate CP is the greatest obstacle to a further expansion of the existing programme. At the same time, the citizens have blamed the low diffusion made by the municipality about the separate CP in the East Zone of São Paulo. Thus, it can be concluded that the separate CP available in the East Zone of São Paulo is still flawed; since neither the public power, the WCs, nor the population are satisfied and point out several flaws. This situation highlights the need to establish better venues for discussion between the population, WCs, and the municipality to jointly design a separate collection system with a more participatory approach.

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