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Copyright of Cracow Studies of Constitutional & Legal History / Krakowskie Studia z Historii Państwa i Prawa is the property of Jagiellonian University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Verba Iuris is the property of Universidad Libre Bogota, Centre de Investigaciones Socio Juridicas de la Facultad de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Details the theory of public law in Germany, highlighting Michael Stolleis' book "A History of Public Law in Germany 1914-1945." Status of legal positivism in public law; Methodological disputes of the Weimar period; Formation of the Weimar Constitution along with one of the politico-constitutional questions stemming from it; Aspects of the Vienna School of Legal Theory; Role of Hans Kelsen in the Weimar period.

The centennial anniversary of World War I has generated renewed interest in the complex relationship between this event, international law and its community of scholars. In this regard the largely unexplored Italian context may represent a stimulating source of material from the point of view of both contemporary scholarly debate and current research, as Italy was one of the leading states involved in the conflict and boasts a vibrant and influential community of scholars of international law. As a result this article will focus on the shifting and active role played by Italian scholars in relation to the conflict, not only in their traditional academic and scientific activities, but also through their involvement in public debate, propaganda activities, contributions to newspapers and non-specialized journals, as well as their support to the Government. [ABSTRACT FROM AUTHOR]

This article presents a reply to the article by Laurence E. Lynn, professor of public affairs at the George Bush School of Government and Public Service, which provides an erudite review of the history of Public Law 94-142 and a thoughtful consideration of the degree to which the law has realized its sponsors' objectives. Lynn considers the law to mandate public schools to change their treatment of handicapped children. He cites examples of dramatic change in the personal and educational lives of children whose needs have been properly evaluated and met for the first time in consequence of the new requirements.

Updates the practitioner on the states' thinking and treatment of issues arising from the Public Law 86-272 in the United States. Guide for corporate taxpayers and advisors for corporate income tax strategy; History of Public Law 86-272; Effects on domestic and foreign corporations.

The article discusses how public law systems allow people to achieve equality before the law and generate precarity. Also cited are the concept of the rule of law, the theory of commonwealth advanced by philosopher Thomas Hobbes, philosopher John Locke's theory of government, as well as the political relationships between sovereign and subjects.

The Final Report of the Referendum Council, which includes the Uluru Statement from the Heart, is a formal claim on the Australian people and its governing institutions. The claim is for a new conception of the unity of the Australian people so that for the first time historically it includes the Aboriginal and Torres Strait Islander peoples as the first sovereign nations of Australia. This is the significance of the recommendation that a First Nations Voice to Parliament be established in the Australian Constitution. This is not just a claim on the Australian constitution; it is a claim in public law that offers a new political‐constitutional horizon of intelligibility for the Australian constitution. In the current reception of the Final Report, this has not been properly understood. The historical challenge and significance of the Final Report of the Referendum Council and the Uluru Statement from the Heart concerns the consensual assertion on the part of the First Nations of Australia of a formal claim in public law. The claim is that the Australian polity and institutions of government be reconceived and changed so that they include rather than exclude the first sovereign nations of Australia. [ABSTRACT FROM AUTHOR]

Copyright of Inonu University Law Review / İnönü Üniversitesi Hukuk Fakültesi Dergisi is the property of Inonu University Law Review (IULR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Studies in Law & Economics / Studia Prawno-Ekonomiczne is the property of Lodz Scientific Society / Lodzkie Towarzystwo Naukowe and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article provides an introduction to the concept of public law litigation and draws a distinction between it and a private law model of adjudication. Topics discussed include contemporary standing jurisprudence; situations in which state governments traditionally bring actions in their capacity as parens patriae; and the U.S. Supreme Court's decision in "Massachusetts v. Environmental Protection Agency (EPA)."

The author discusses several changes in public law in the last century. He cites several elements lost by public law, such as the guidance from Roman law and its exclusively nationalistic approach. He claims that Roman law is gradually taking a historical approach and departing the world of the living law. He also examines the relationship between public law and nationalism, sovereignty, and the divide between public and private law.

The article offers information on the administrative law of Germany. Topics discussed include history of German administrative law related to public law and civil law; juristic method propounded by jurist Otto Mayer regarding developments in administrative law; and contemporary challenges of constitutionalized administrative law of the Federal Republic.

In the recent Privy Council decision of United Policyholders Group v Attorney General of Trinidad and Tobago, Lord Carnwath supplied an interesting and helpful discussion of substantive legitimate expectations. This case note reflects on Lord Carnwath's conclusions and how they speak to important current debates about the doctrine. In particular, it will be argued that Lord Carnwath's conclusions provoke reflection on: (a) the status of the seminal Coughlan case in contemporary thinking about the doctrine; (b) how far claims about the advent of the protection of substantive expectations representing a worrying expansion of judicial power have been properly investigated; (c) whether it is necessary to reflect deeply on the theoretical basis of the principle; and (d) the defensibility of the 'trend of modern authority' to interpret the dicta in the Coughlan case 'narrowly'. [ABSTRACT FROM AUTHOR]

The essay critiques prevailing descriptions of investor-state arbitration (ISDS) as a form of 'public' adjudication requiring exclusively 'public law' prescriptions for change. It is skeptical of the ostensible public/private divide that such descriptions and prescriptions presume. The essay scrutinizes the ten reasons most commonly advanced for concluding that the international investment regime, and particularly ISDS, is public. It next critiques ten popular public law prescriptions for change to the regime or ISDS. It concludes with ten broad lessons, many of which indicate why ISDS is best viewed as a 'hybrid' between public and private. [ABSTRACT FROM AUTHOR]

The concept of the constitutional revolution has become ubiquitous, but it is applied to all manner of things that are unlike each other in notable ways. It has been generously applied to events in such far-flung places as South Africa, Eastern Europe, Great Britain, India, Canada, Iran, Israel, and the United States. Despite its oxymoronic character, it has the potential to illuminate a much-vexed subject of scholarly inquiry. This article seeks to sharpen conceptual clarity in the way we depict constitutional change, specifically that species of change that entails significant breaks or departures in the workings of the constitutional order. [ABSTRACT FROM AUTHOR]

Since the entry into force of the Grundgesetz (GG), the Federal Republic of Germany’s constitutional law in the economic field oscillates around the idea of Soziale Marktwirtschaft (social market economy), which the GG does not explicitly include but which finds its way into the economic constitution via fundamental economic rights. Beneath constitutional theory, it is the concept of regulation that has been introduced into German administrative law in a differentiated and interesting process of legal “importation” using European Union law as a means of transmission. Regulation in this sense poses great challenges at both the constitutional and administrative levels concerning basic theoretical and practical issues. Furthermore, its internal and external limits lead to the question of how to address the ever growing plea for a return of state activity to the economy. [ABSTRACT FROM AUTHOR]

This a review article of Martin Loughlin, Foundations of Public Law (Oxford: Oxford University Press, 2010). The promise of the book is that the retrieval of public law understood as a prudential discourse of public right will show us how liberal democratic societies have learned to negotiate between the horns of the fundamental dilemma Loughlin supposes we face. This is the dilemma articulated by Rousseau: on the one hand, a society has to take deliberate steps to produce through law free citizens in order to ensure that it is one in which freedom endures, while, on the other hand, such steps create the danger of 'bureaucratic oppression' of the sort that produces a society composed of chiefs and slaves. However, at the end of the book, Loughlin suggests that the dilemma has been resolved and that we are in danger of finding ourselves living, or perhaps even are already living, in the society of chiefs and slaves. And if the idea of public right is retrieved only to show that it is either moribund or dead, we have reached the end of what FA Hayek called in 1944 'the road to serfdom.' I argue that Loughlin comes to this surprising conclusion because of a fundamental flaw in his argument about the rule of law, in which he both reduces the rule of law to an instrument of power and suggests that it has to fail on its own terms. [ABSTRACT FROM AUTHOR]

This article originally was written in honour of the memory of Lord Cooke. At one level it seeks to identify the principal differences between judicial review in New Zealand and Australia and to explain how and why the Australian position is affected by the Australian Constitution. To this extent, the article also demonstrates that Australia is one of a growing number of states in which administrative law is constitutionalised to a significant degree, although in Australia this is a consequence of the organisation of public power, rather than the product of a right to administrative justice. More fundamentally, however, the article uses a comparison of judicial review in New Zealand and Australia as a case study through which to explore several themes in comparative public law. On the face of it, New Zealand and Australia are similar countries with broadly similar systems of public law that might be expected to converge further, given the close links between them and the effects of globalisation. In fact, however, their systems of judicial review have diverged, in matters of important detail, in response to contextual differences between the two countries, of which the Australian Constitution is only one. The article notes that this development in turn has implications for the methodology of the citation of foreign law in administrative law cases, although it should not affect the practice itself, which has enriched the law in both countries and should continue to do so. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Public Administration is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Among the traditional perspective of administrative law we find a tendency to track the origins and causes of the development of fundamental institutions, such as the administrative act, looking on the impact of French doctrines over the local legal system. This model drives many authors to track the origins of the administrative act on the remote antecedents of French law, and in some cases on other kind of figures from Roman, Greek and medieval law, among others. Furthermore, this perspective tends to underscore the analysis of doctrine, precedent and statutory Colombian law, and is usually indifferent to the impact that other social systems, such as politics and economics, have on administrative law. This article pretends, on one hand, to explore the origin of the construction of the concept of the administrative act in Colombia, and on the other hand, introduce the analysis of some historical and political elements that could prove crucial for the development of this institution in particular, and also for the development of Colombian administrative law. [ABSTRACT FROM AUTHOR]

This article examines the constitutional scholarship of John Griffith. Centring on Griffith's seminal article ‘The Political Constitution’, the analysis reveals a more complex and pessimistic thinker than the standard image of Benthamite radical would allow. The article then examines the cogency of Griffith's vision – particularly his thesis that rights discourse ‘corrupts’ law and politics – against recent developments. It concludes by reflecting on Griffith's radical debunking style. [ABSTRACT FROM AUTHOR]