A New Perspective on the Public-Private Divide? Justiciability of Government Contracting Decisions Following Ririnui and Problem Gambling

2017 ◽  
Author(s):  
Caleb O'Fee
Keyword(s):  
Problem Gambling ◽  
Government Contracting ◽  
The Public ◽  
New Perspective

scholarly journals A New Perspective on the Public–Private Divide? Justiciability of Government Contracting Decisions Following Ririnui and Problem Gambling

2018 ◽  
Vol 49 (1) ◽  
Author(s):  
Caleb O'Fee
Keyword(s):  
New Zealand ◽  
Problem Gambling ◽  
Judicial Review ◽  
Public Law ◽  
Government Contracting ◽  
The Public ◽  
Proper Role ◽  
The Supreme Court ◽  
New Perspective ◽  
State Of Affairs

Behind every theory of administrative law lies a theory of the state. Nowhere is this more apparent than in the application of judicial review to government contracting decisions. New Zealand courts have long struggled to adopt a consistent and coherent approach in this area, and two recent decisions of relevance do very little to improve the situation. This article argues that a decision of the Supreme Court in Ririnui significantly broadens the scope of justiciability of government contracting decisions by providing an exception to Mercury Energy. The Court of Appeal's approach in Problem Gambling is more cautious but has nevertheless resulted in a broadening of the range of circumstances where government contracting decisions will be subject to judicial review. Beyond these limited findings the law both in New Zealand and overseas continues to lack consistency and coherence. This article suggests that while this state of affairs is undoubtedly the result of the application of a public law cause of action to a context which sits on the public law–private law divide, the courts should stop relying on an inconsistent doctrine and recognise that cases are being decided on the basis of normative conceptions of the proper role of judicial review in this context.

scholarly journals COVID-19 Pandemic, Transparency, and “Polidemic” in the Republic of Korea

2021 ◽  
Vol 13 (2) ◽  
pp. 213-224
Author(s):  
Cheol Kang ◽  
Ilhak Lee
Keyword(s):  
Media Coverage ◽  
Significant Contribution ◽  
Ethical Issues ◽  
Republic Of Korea ◽  
Global Media ◽  
The Public ◽  
Rational Debate ◽  
Policy Measures ◽  
The Republic ◽  
New Perspective

AbstractThis article examines the development of the Republic of Korea’s strategy to prevent the spread of COVID-19 with particular focus on ethical issues and the problem of politicization of public communication. Using prominent examples of stakeholders who have acted and expressed themselves in highly contradictory ways on the topic of the pandemic, we provide an analysis of how the public health policy discourse has entered into the realm of politicization and elaborate on the danger that this phenomenon poses in terms of rational debate and appropriate policy measures geared toward the public’s safety. Considering the role that the Republic of Korea have had in global media coverage of quarantine policies and epidemic prevention, we believe that our study makes a significant contribution to the literature because it provides a new perspective and insights into the forces at work within and around a prevention strategy that has both been lauded and seen as highly controversial.

Within the Public-Private Divide. Right to Housing and Consumer Law in Recent European Private Law Trends

Global Jurist ◽  
2018 ◽  
Vol 19 (2) ◽  
Author(s):  
Rocco Alessio Albanese
Keyword(s):  
Fundamental Rights ◽  
Private Law ◽  
The European Union ◽  
The Public ◽  
Consumer Law ◽  
Charter Of Fundamental Rights ◽  
Recent Trends ◽  
New Perspective ◽  
The Right ◽  
Protection Of Right

Abstract This paper intends to discuss some major European legal issues by building on the critique of a certain narrow relevance of human basic needs, according to traditional Western legal conceptions of the subject as well as of the public-private divide. In particular it aims at verifying the potentiality of consumer law for rethinking the right to housing, within recent trends of European Private Law, by adopting a remedial approach. For this reason the paper analyzes three well-known cases decided by the Court of Justice of the European Union (CJEU) – namely Aziz, Sanchez Morcillo and Kušionová – as examples of this meaningful trend. Through the combination of the fairness test over contractual terms with the criteria of effectiveness and proportionality, a broader protection of right to housing is recognised even in horizontal private relationships. Art. 7 of the EU Charter of Fundamental Rights (CFREU) could represent the constitutional reference for this new perspective. The paper also intends to show how the relevance of the basic need for housing is traced to debtor's families. CJEU's interpretative itinerary seems to start from a fairness test about contractual terms, but eventually comes to give protection to subjective situations that are even out of the domain of the contract.

scholarly journals Restorative Design for Heritage Requalification: Selected Roman Works

2021 ◽  
pp. 227-244
Author(s):  
Luciano Cupelloni
Keyword(s):  
Human Resources ◽  
Public Space ◽  
Experimental Research ◽  
Common Good ◽  
Urban Systems ◽  
Technological Design ◽  
Transformative Power ◽  
The Public ◽  
New Perspective

AbstractThe theme is the urban re-qualification, applied in particular to the architectural heritage and the public space. The goal is the ongoing challenge of outlining a new perspective aimed at “common good” and sustainability. The instrument chosen is the “environmental technological design,” understood as a cultural, scientific, and social position, that is, as a position on the role of architecture. The contribution reiterates the urgency of restoring the transformative power of the design mission to the project, too often reduced to a set of technical compilation procedures. In the best cases, a position that is lost in the complication of procedures, in the extension of time, in the waste of economic and human resources. A crisis of the project as “anticipation” of progressive scenarios, precisely in the most acute, ever more serious phase, of the urgency of the reorganization of urban systems, with a view to environmental, social and economic sustainability. Not a recent urgency, today only brought to light, dramatically, by the reality of the SARS-CoV-2 pandemic. Among the solutions, the design experimental research, well beyond the objective of flexibility, up to the notion of “functional indifference,” understood not as shapeless neutrality, but as the maximum functionality of spatial, architectural and urban quality.

Interpretation of the Wood Drum of the Wa Nationality from a Symbolic Semiotic Perspective

2012 ◽  
Vol 503-504 ◽  
pp. 354-357 ◽  
Author(s):  
Wu Jian Li ◽  
Rui Bo Hu ◽  
Xi Ye ◽  
Na Li ◽  
Yu Chen
Keyword(s):  
Crucial Role ◽  
Traditional Culture ◽  
Cultural Meanings ◽  
The Public ◽  
Primitive Society ◽  
Public Voice ◽  
Semiotic Perspective ◽  
New Perspective ◽  
Tourism Economy

As the public voice to protect traditional culture is upsurging gradually today, it is significant to study the wood drum of the traditional Wa culture so as to better protect and exploit the culture. This essay, mainly consisting of three parts: the origin of the wood drum, its functions and its cultural meanings, aims to interprate the important role of the wood drum in the Wa community form a new perspective. Through the study of the three aspects, it is concluded that the reasons why wood drums have played such a crucial role in the Wa community are mainly derived form the primitive society the Wa nationality was in and its surroundings. Therefore, to exploite the wood drum of the Wa nationality can not only protect the nation’s traditional culture but can also improve its tourism economy.

scholarly journals The Red Boat Spirit Leads the University’s Ideal and Belief Education Path from the Perspective of Identity Theory

2020 ◽  
Vol 2 (1) ◽  
pp. p10
Author(s):  
Zhai Xijuan
Keyword(s):  
College Students ◽  
Identity Theory ◽  
Theory And Practice ◽  
Essential Point ◽  
The Public ◽  
Depth Study ◽  
New Perspective ◽  
The University ◽  
The Ideal

The Red boat spirit is the spirit formed by the Communist Party of China during the revolution, which contains rich ideals and beliefs and educational resources. It is a spiritual pillar for the construction and development of the CPC itself, so it has a unique value for guiding the ideal and belief education of college students. Identity theory provides a new perspective for exploring the era value of the Red Boat spirit leading the ideal and belief education in colleges and universities. At present, the public, especially college students’ awareness and recognition of the Red Boat spirit deserve more in-depth study. Through the exploration and integration of theory and practice, this paper plans from the following aspects: the guidance of Red Boat spirit to college students’ ideal and belief education, the improvement of the effectiveness of college students’ ideal and belief education, the core of which is to grasp the essential point of agreement between the Red Boat spirit and college students’ ideals and beliefs, find the agreement between the two from the perspective of homology and identity, explore the role of improving the Red Boat spirit culture in leading college students’ ideals and beliefs, and enhance the university students’ awareness and identity of the Red Boat spirit.

scholarly journals Pengembangan dan Perkembangan Pemikiran Hukum Pertanian di Indonesia

2020 ◽  
Vol 3 (2) ◽  
pp. 409-440
Author(s):  
Tristam Pascal Moeliono ◽  
Koerniatmanto Soetoprawiro
Keyword(s):  
Social Justice ◽  
Human Development ◽  
Rural Areas ◽  
Food Sovereignty ◽  
National Development ◽  
Legal Discourse ◽  
New Approach ◽  
The Public ◽  
Basic Concepts ◽  
New Perspective

Agricultural law is an emerging specialized field in Indonesian legal discourse and the public as well as academics has yet to get acquainted with this new perspective. The importance of agricultural law should be placed in relation with the fact that the Indonesian government, even after more then 75 year of independence, did not seriously address the plight of peasants and fishermen, living in rural areas throughout Indonesia. Agricultural law as a perspective is developed to bring back the focus of national development to agriculture in its widest sense. The focus of analysis of this approach will be on policies and rules regarding agriculture and how it affects peasants-farmers working in informal-semi formal setting as well those working in the agroindustry and business. Other basic concepts employed relates to ecological-social justice, food sovereignty, security, and safety. Hopefully, this new approach to human development and agriculture may contribute to a better analysis of the plight of agriculture in Indonesia and how to improve this particular sector. Abstrak Hukum pertanian sebagai suatu kajian belum begitu dikenal dalam khasanah ilmu hukum Indonesia. Masyarakat umum, akademisi dan praktisi hukum masih harus berkenalan dengan pendekatan ini. Pentignya hukum pertanian harus ditempatkan dalam konteks kurangnya kepedulian rezim pemerintah Indonesia, bahkan dalam kurun waktu 75 tahun sejak merdeka, pada pembangunan sektor pertanian rakyat. Hukum pertanian merupakan satu upaya untuk mendorong kehidupan pertanian di Indonesia dan mayoritas masyarakat petani (bukan semata-mata perkebunan besar) menjadi bagian dari kehidupan modern yang manusiawi. Fokus kajian hukum pertanian adalah kebijakan dan aturan hukum yang diterbitkan pemerintah dari waktu ke waktu di bidang pertanian dalam arti luas yang bersentuhan dengan kehidupan petani-nelayan, mereka yang bekerja di sektor-sektor informal maupun semi formal sampai dengan agrobisnis dan industri.  Sebagai titik tolak, digunakan konsep-konsep dasar keadilan sosial-ekologi, ketahanan-kedaulatan dan keamanan pangan. Salah satu sumbangan yang diharapkan adalah munculnya perspektif pemikiran dan solusi konstruksif yang baru untuk membangun manusia serta agrikultur dalam rangka menangani persoalan kemiskinan dan ketidakadilan sosial di Indonesia.

scholarly journals TAXATION OF FAMILY INCOME UNDER INDIAN TAXATION LAWS A NEW PERSPECTIVE

2020 ◽  
Vol 8 (12) ◽  
pp. 975-978
Author(s):  
Amit Hedau
Keyword(s):  
Income Tax ◽  
Public Services ◽  
Family Income ◽  
Central Government ◽  
Competent Authority ◽  
Law And Order ◽  
The Public ◽  
The Family ◽  
The Republic ◽  
New Perspective

Since the monarchy pattern of ruling the state to the republic era, one aspect is common i.e taxation. The revenue required for funding the public services and maintaining law and order, various types of taxes are imposed on citizens and organisations by the competent authority. In India, the taxation of income is the exclusive power of Central Government and The Income Tax Act 1961 is the governing Act for the taxation matter. The present paper is conceptual in nature. The author wants to propose a new scheme of taxation of family income. As per the authors proposal the combine income of the family will be charged to tax instead of charging individuals income separately. The authors has given the reference of few prevailing schemes to support his claim. Before writing the conclusion of the paper, the positive and negative aspects of the new proposal are also discussed. The idea behind the new proposal is to condense the disparity in disposal income of individual and family income.

The Calgary 2026 Olympic Bid Plebiscite as Affective Urbanism

2020 ◽  
pp. 019372352096497
Author(s):  
Harry H. Hiller
Keyword(s):  
Political Context ◽  
The Public ◽  
Binary Nature ◽  
Civic Discourse ◽  
Local Residents ◽  
New Perspective

An analysis of the Calgary 2026 Olympic bid plebiscite/referendum held in 2018 adds a new perspective to the literature on bidding by shifting from the cognitive/organizational elements of the bid to the emotive dynamics within the bid city conceptualized as affective urbanism. The socioeconomic and political context and the binary nature of the plebiscite question provide the framework to explain the negative vote. Using the civic discourse of local residents as data for the study, the public emotions created by confusion, fear, and anger are identified, which resulted in two opposing but competitive affective voting options: affirming affectivity and aversive affectivity. A binary reversal made a negative vote into an instrument of power and a positive affirmation of the city’s future.

Industry strategies and their regulation: marketing, game features, and venue characteristics

2018 ◽  
pp. 107-124
Author(s):  
Pekka Sulkunen ◽  
Thomas F. Babor ◽  
Jenny Cisneros Örnberg ◽  
Michael Egerer ◽  
Matilda Hellman ◽  
...  
Keyword(s):  
Risk Factors ◽  
Problem Gambling ◽  
Public Interest ◽  
Target Variable ◽  
The Real ◽  
The Public ◽  
Game Features ◽  
Policy Measures ◽  
Population Effects

This chapter focuses on three industry strategies that can be regulated and used as policy levers: marketing, game features, and venue characteristics. Research on potential policy levers typically measures problem gambling or its intensity as the target variable, often in terms of population effects or risk factors related to game features or venue characteristics. Policy measures in the public interest have the potential to prevent gambling-related problems significantly, but their targets should be considered in view of the context. In some circumstances it is important to prevent abusive marketing practices. In other instances, addictive game features need to be regulated. A large part of those being initiated to gambling do not understand the risks and the real chances of winning. Transparency and honesty, however difficult to affirm, should in all cases have priority over monetary interests, public or private.

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