Common Values And The Public Private Divide
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Common Values And The Public Private Divide
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Author : Dawn Oliver
language : en
Publisher: Cambridge University Press
Release Date : 1999-08
Common Values And The Public Private Divide written by Dawn Oliver and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08 with Business & Economics categories.
This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.
The Public Private Law Divide
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Author : Matthias Ruffert
language : en
Publisher: BIICL
Release Date : 2009
The Public Private Law Divide written by Matthias Ruffert and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
"This publication is a collection of papers of the second meeting of the Dornburg Research Group on New Administrative Law which was held in London in May 2007"--Acknowledgments.
After Public Law
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Author : Cormac Mac Amhlaigh
language : en
Publisher: OUP Oxford
Release Date : 2013-05-09
After Public Law written by Cormac Mac Amhlaigh and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-09 with Law categories.
Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.
Towards A Public Law Of Tort
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Author : Tom Cornford
language : en
Publisher: Routledge
Release Date : 2016-02-24
Towards A Public Law Of Tort written by Tom Cornford and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-24 with Law categories.
Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These principles are used as criteria by which to judge the current law and as a guide to reform. Such reform could be brought about by judicial development of the law, and this volume explains how. It considers both the procedural and the substantive divides between public and private law and explains the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act. Focusing in particular on UK law, the book is also relevant to other Commonwealth countries and will be of interest to scholars and practitioners of both tort and public law.
Public Private Partnerships And The Law
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Author : Yseult Marique
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-08-30
Public Private Partnerships And The Law written by Yseult Marique and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-30 with Business & Economics categories.
This timely book examines the legal regulation of Public_Private Partnerships (PPPs) and provides a systematic overview of PPPs and their functions. It covers both the contractual relationships between public and private actors and the relationships be
The Horizontal Effect Of Fundamental Rights In The European Union
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Author : Eleni Frantziou
language : en
Publisher: Oxford University Press
Release Date : 2019-01-31
The Horizontal Effect Of Fundamental Rights In The European Union written by Eleni Frantziou and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-31 with Law categories.
This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein. At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.
The Public Private Nature Of Charity Law
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Author : Kathryn Chan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-17
The Public Private Nature Of Charity Law written by Kathryn Chan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-17 with Law categories.
Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University
Law And Administration
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Author : Carol Harlow
language : en
Publisher: Cambridge University Press
Release Date : 2009-08-20
Law And Administration written by Carol Harlow and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-20 with Law categories.
A contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.
Law And Administration In Europe
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Author : Paul P. Craig
language : en
Publisher:
Release Date : 2003
Law And Administration In Europe written by Paul P. Craig and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Law and Administration in Europe consists of a series of essays addressing central themes in domestic public law and in the public law of the European Union. These contributions deal with a whole range of issues, including the theoretical underpinnings of public law, the public-private divide, the nature and legitimacy of governmental action, and the relationship between different levels of government.
A Research Agenda For Administrative Law
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Author : Carol Harlow
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-02-14
A Research Agenda For Administrative Law written by Carol Harlow and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-14 with Law categories.
With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.