Common Values and the Public-Private Divide PDF Download

Author: Dawn Oliver
Publisher: Cambridge University Press
ISBN: 9780406983039
Category : Business & Economics
Languages : en
Pages : 356

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Book Description
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.

Author: Matthias Ruffert
Publisher: BIICL
ISBN: 9781905221349
Category : Law
Languages : en
Pages : 352

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Book Description
"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.

Author: Alan Bogg
Publisher:
ISBN: 0199683131
Category : Law
Languages : en
Pages : 529

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Book Description
This book investigates the intersection between law and worker voice in a sample of industrialised English speaking countries, namely Australia, Canada, New Zealand, UK, and USA. While these countries face broadly similar regulatory dilemmas, they have significant differences between their industrial systems and legal cultures

Author: Tsvi Kahana
Publisher: Cambridge University Press
ISBN: 1316565173
Category : Political Science
Languages : en
Pages : 341

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Book Description
This collection of essays draws together innovative scholars to examine the relationship between two legal and political phenomena: the shrinking of the state as a monopoly of power in favour of the expansion of power over individuals in private hands, and the change in the nature of rights. The authors expertly discuss the implications of the changing boundaries of state power, the legal responses to this development, its application to human rights, and re-conceptualizations of public life as obligations are handed over to private hands. This innovative book deals with an important set of problems and offers a fresh perspective of different legal themes in an integrated fashion.

Author: Kathryn Chan
Publisher: Bloomsbury Publishing
ISBN: 1782258493
Category : Law
Languages : en
Pages : 230

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Book Description
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

Author: Antonino Palumbo
Publisher: Routledge
ISBN: 1351910426
Category : Political Science
Languages : en
Pages : 826

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Book Description
Political accountability forms a cornerstone of modern democracy: it directs the political system towards the public interest and allows the exercise of the principles of autonomy and self-determination that lie at the core of democratic politics. Sadly, existing democracies, with their large, centralized bureaucracies, have evolved in ways that progressively undermine the ability of citizens to keep their representatives accountable and political regimes responsive. Far from reversing this trend, the neoliberal reforms introduced since the 1980s have increased that accountability gap. Globalization and the alleged passage from 'government' to 'governance' have aggravated the problem further. The notion of accountability that survives these changes is a problematic form of auditing carried out by a constellation of quangos, autonomous agencies and NGOs whose own accountability is problematic. This volume collects the main contributions to current debates on political accountability. It explores the challenges traditional conventions of accountability face today at the domestic, trans- and international levels and indicates the distinctive solutions those challenges require.

Author: Mark Elliott
Publisher: Cambridge University Press
ISBN: 1107029759
Category : Law
Languages : en
Pages : 295

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Book Description
A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.

Author: Paul Beaumont
Publisher: Bloomsbury Publishing
ISBN: 1847310141
Category : Law
Languages : en
Pages : 288

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Book Description
This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe,in particular, but not exclusively, public law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU (Michael Keating and Joanne Scott); of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU (Deirdre Curtin, Ige Dekker, Bruno de Witte and Carole Lyons); the cross-fertilisation of administrative law concepts between the EU level and the national level (Chris Himsworth, Ton Heukels and Jamila Tib); the need for and legitimacy of a European Union competence on human rights (Gráinne de Búrca, Paul Beaumont and Niamh NicShuibhne); and whether private law and public law differ in the extent to which they go to the heart of (reflect) national culture and therefore in the extent to which they are amenable to convergence (Carol Harlow, Pierre Legrand and Neil Walker).

Author: Lucas Bergkamp
Publisher: Intersentia nv
ISBN: 9050952291
Category : Commercial law
Languages : en
Pages : 777

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Book Description
The European Community (EC) has embarked on an ambitious legislative program for the new economy. In European Community Law for the New Economy professor Lucas Bergkamp analyzes the EC's current and proposed new economy legislation. The new economy, according to Bergkamp, is not only the internet, the information society, and biotechnology, but also a different kind of "old" economy, a different kind of corporate governance, and a different kind of government. Accordingly, in addition to the EC e-commerce, data protection, and biotechnology legislation, this book discusses also the grand principles of EC policy making (such as sustainable development and the precautionary principle), the theory of corporate social responsibility, and EC government reform. With its wide-ranging, insightful, and engaging analyses, and devoid of obliquity, EC Law for the New Economy is a unique publication. This book must be read by everybody who wants to gain a deeper understanding of the effects of EC legislation, the root causes of regulatory failures, and possible solutions to these problems. It is of interest to lawyers, politicians, policy makers, government officials, political scientists, advanced students and autodidacts. Lucas Bergkamp is a lawyer at the Brussels Bar and Professor of International Liability Law, Erasmus University Rotterdam - The Netherlands.

Author: Mark R Freedland
Publisher: Bloomsbury Publishing
ISBN: 1847310591
Category : Law
Languages : en
Pages : 269

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Book Description
The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".