Should the Indebted Support a State Constitutional Amendment to Restrict Public Authority Borrowing?

2016 ◽  
Author(s):  
Scott Fein
Keyword(s):  
Public Authority ◽  
Constitutional Amendment

Constitutions, Rights, and Judicial Power

2019 ◽  
pp. 1-29
Author(s):  
Alec Stone Sweet ◽  
Jud Mathews
Keyword(s):  
Public Authority ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Constitutional Rights ◽  
Public Officials ◽  
Constitutional Justice ◽  
Basic Concepts ◽  
Higher Law ◽  
Proportionality Principle

This chapter provides an overview of contemporary, rights-based constitutionalism, and develops an approach to comparative research on systems of constitutional justice. The vast majority of modern constitutions establish such systems, which comprise an entrenched charter of rights, and a constitutional or supreme court whose mission is to defend the supremacy of the constitution more generally. Rights provisions comprise criteria of legal validity: any act of public authority that does not conform to the charter is unconstitutional. The central role of the court is to ensure that public officials do not violate the charter of rights, most importantly, through the enforcement of the proportionality principle. The judges are, in effect, “trustees” of the values placed in trust by those who have enacted the constitution: the sovereign People. Part I defines basic concepts—including that of “the constitution,” “constitutionalism,” and “governance”—and examines the process through which the rights-based constitution became the global standard. Part II addresses two crucial questions: why would the founders of new constitutions choose (i) to enshrine constitutional rights as “higher law,” and (ii) to delegate broad enforcement powers to a trustee court, whose important rulings on rights are difficult or virtually impossible to overturn? It then defines the concept of systemic effectiveness, and considers the conditions that are necessary for a charter of rights to become effective as an instrument of governance. Part III explores three pathways to transformative constitutional change—adjudication, constitutional amendment, and legislation—and discusses the importance of trusteeship to each.

Borders, Conflicts and Bargaining in Federations and Communities of Governments

2009 ◽  
pp. 83-99
Author(s):  
A. Libman
Keyword(s):  
Economic Policy ◽  
Public Authority ◽  
Modern World ◽  
Main Research ◽  
Research Areas ◽  
Nation States ◽  
Distribution Of Power

Economic policy in the modern world can be treated as an outcome of interaction of multiple territorial centers of public authority: nation-states, subnational and supranational jurisdictions. In the last decades economics has increased its attention to the factors which influence the distribution of power among jurisdictions. The paper surveys two main research areas in this literature: economics of conflicts and theory of endogenous decentralization. It discusses the basic models of both approaches and their modifications applied in the literature as well as factors of conflict formation and bargaining over devolution.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Search for Principle - The Government's Liability in Negligence for the Careless Exercise of its Statutory Powers

2000 ◽  
Vol 31 (3) ◽  
pp. 629
Author(s):  
Thomas Geuther
Keyword(s):  
New Zealand ◽  
Public Law ◽  
Public Authority ◽  
Special Treatment ◽  
Duty Of Care ◽  
Supreme Court Of Canada ◽  
Public Authorities ◽  
High Court ◽  
The Supreme Court ◽  
High Court Of Australia

For many years the English courts have struggled to develop a principled approach for determining when a public authority can owe a duty of care in respect of the exercise of its statutory powers. Initially, public authorities received no special treatment. Then the courts conferred an almost complete immunity on them, requiring public law irrationality to be established before considering whether a duty could arise. The English approach has not been adopted elsewhere in the Commonwealth. The High Court of Australia and the Supreme Court of Canada have developed different tests, and the New Zealand courts, while never explicitly rejecting the English position, have never followed it. This paper argues that a modified version of the Canadian Supreme Court's approach should be adopted in New Zealand. It proposes that irrationality be a precondition to the existence of a duty of care only where policy considerations are proved to have influenced the decisions of a public authority in exercising its statutory powers.

BUDGET POLICY IN 2020–2022: REALITIES AND FORECASTS

2020 ◽  
Vol 2 (5) ◽  
pp. 93-107
Author(s):  
L. I. PRONINA ◽  
Keyword(s):  
Russian Federation ◽  
Public Authority ◽  
National Plan ◽  
Economic Support ◽  
Budget Policy ◽  
The Russian Federation ◽  
The Government ◽  
Local Levels

The article discusses the realities of budget policy in 2020-2022. The article analyzes the anti-crisis programs of the government of the Russian Federation in connection with the 2020 pandemic and measures of social and economic support for the population and business at the Federal, regional and local levels of public authority. The structure and main content of the national plan for restoring employment and the economy in conjunction with the implementation of national projects are proposed.

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