Public Principles Research Articles

A improbidade adminstrativa frente os princípios constitucionais da administração pública e sua efetividade perante a esfera eleitoral

Based on the analysis of constitutional law , and therefore the principles of public administration against improper conduct, this article aims to analyze the applicability of the sanctions provided for in this law , as well as featuring only with its subjective element of intent , and the guilt of an exclusionary illegality on the part of the administrative act that violates the principles of legality , impersonality , morality, publicity and efficiency . To do so, the employee, methodological criteria to make this reflection lies in the hypothetical- deductive method, starting with a literature and document analysis based on specialized readings involving constitutional principles, as opposed to administrative law, and the principles of management public. Thus, after seeing that the blame should be included as a subject for a good administrative and social progress element, aims to demonstrate that this is one of the requirements for the control of misuse of administrative purpose.

Contemporary United States Law Regarding Online Social Media Libel Standards on the 50th Year Anniversary of Times v Sullivan and 40th Year Anniversary of Gertz v Welch

Abstract 2014 marks the 50th anniversary of the US Supreme Court decisions in Times v Sullivan and 40th anniversary of Gertz v Welch. These two decisions by the US Supreme Court had an important legal impact in the United States on federal law pertaining to libel, specifically proving actual malice and who is defined as a public figure or public official. This article analyzes both Supreme Court decisions within the context of present day online social media libel controversies. It also analyzes three recent federal court rulings where judges had to issue decisions based on Sullivan and Gertz’s actual malice and public figure legal principles. The article concludes that both Sullivan and Gertz are still relevant to how other federal, American courts decide issues related to defamation published in social media.

Procedural Justice Seen to Be Done:<br>The Judiciary’s Press Guidelines in the Light of Publicity and Procedural Justice

As in other jurisdictions, the Dutch judiciary has been confronted with public unease about criminal justice and is trying to enhance its legitimacy. System and culture however contain hardly any opening for public involvement in criminal justice, and this implication of the publicity principle traditionally encounters disapproval. In its aim of (re)gaining confidence in the criminal justice system, publicity intertwines procedural fairness and public influence: it requires that the (perception of the) lay public is taken into account when conducting proceedings and phrasing the judgment, thereby ensuring visible conformity with publicly-held fairness standards and thus a perception of legitimacy by participants and the public alike. Procedural justice research confirms these notions in finding that the perception of proceedings as fair legitimizes the judiciary and the justice system. The judiciary’s wish to enhance transparency – of which the press guidelines (2013) are the most important expression – is therefore essential. Both publicity and the procedural justice concept refer to the procedure as central in legitimization and therefore provide important arguments for allowing the audiovisual registration of criminal proceedings. As system and culture do not change easily, this may lead to more public-minded proceedings and to a shift in the public debate towards procedure.

Setting the Legal Enabling Environment for Adaptation Mainstreaming in Environment Management in China: Applying Key Environmental Law Principles

China is facing multiple challenges in the environmental protection area, one of which is adapting to climate change impacts. This article proposes mainstreaming adaptation factors in environment-related policies, plans and strategies to deliver resilient and adaptive management outcomes. ‘Mainstreaming adaptation’ in this article refers to the incorporation of climate change adaptation-related factors into environment planning and related decision-making processes. To employ a mainstreaming approach, a supportive legal environment where environmental law principles are reflected and applied should be set, to enable decisions on environment-related adaptation to be made for sustainability, under uncertainty, with public engagement and looking towards social justice. This article will focus on the principle of sustainable development, the precautionary principle, the public participation principle and the principle of social justice to illustrate their application in an adaptation discourse.

Teachers making sense of result-oriented teams: A cognitive anthropological approach to educational change

Studies on educational change efforts abound but generally limit themselves to post hoc explanations of failure and success. Such explanations are rarely turned into attempts at providing models for predicting change outcomes. The present study tries to develop such a model based on the teachers’ impact analysis of a management-driven intervention, introducing new public management principles at a Dutch school for vocational education and training. The study uses a mixed method approach, the quantitative part of which encompasses the accomplishment of a cultural domain analysis. It appears that in this case the new public management ideology of result-oriented teacher teams contradicts substantial aspects of the existing teachers’ meaning system, and fails to meet not yet satisfied needs within the current meaning system. As a consequence, the relevance of a substantial number of the cognitions that constitute result-oriented teacher teams appears to be limited. The authors discuss the consequences for the chance to successfully change the teachers’ meaning system and draw conclusions that suggest a set of more general building blocks for assessing change policy plans and practices in educational settings.

Justiciability of Non-Statutory Executive Action: A Message for Immigration Policy-Makers

The non-statutory executive power of Australia's Commonwealth government is firmly back on Australia's public law agenda. Even before the events at sea that gave rise to the case of CPCF v. Minister for Immigration and Border Protection (now reserved before the High Court), the government was making plans to give other decisions relating to asylum-seekers a "non-statutory" footing, with the apparent aim of rendering the decisions less amenable to judicial review. This paper (an extended and updated version of a paper delivered at the 2014 AIAL National Administrative Law Conference on 24 July 2014) examines whether it is possible, in Australia's migration law setting, to make decisions relating to refugee protection "non-statutory" and, if it is, whether such decisions would be justiciable. In doing so, the paper provides analysis of important High Court decisions such as Plaintiff M61E v. Commonwealth (2010) and Plaintiff S10/2011 v. Minister for Immigration and Citizenship (2012) as well as recent intermediate court decisions. It also assesses government proposals against what the considers are the four modern principles of justiciability of non-statutory executive action: the public power principle (including outsourcing issues), the subject matter principle, the affectation principle and the decision-maker principle. The paper ultimately concludes that the Commonwealth government is unlikely to be able to place reviews of refugee decisions on a non-statutory footing and that, even if it could, most claims arising from such reviews are likely to be justiciable in any event.

ASAS PUBLISITAS PADA HAK JAMINAN ATAS RESI GUDANG

The principle of publicity is closely related to property rights. Each of Guarantee Agency property rights in a way that is different. Loading Right Collateral Agreements on the warehouse receipt no later than a day after the date of imposition oft he rights agreement collateral to a second party warehouse receipt, which is the guarantee of the assignees hall notify the Registration Center Warehouse Receipt System in order to be recorded in the Register of Rights guarantee Imposition Top Warehouse Receipt. Then the Registration Center will issue a notice of the imposition of Rights Confirmation Proof Guarantee. The meaning of “notice” to sign if the birth registration of property rights on the Rights of the collateral for the warehouse receipt. This is done to avoid double guarantee and monitor the distribution of the warehouse receipt and provide legal certainty about th eparty entitled tothe goods in the event of injury promise.Key words: publicity,collateral,warehouse receipts.

A nyilvánosság mint a tisztességes eljárás egyik garanciája a büntetőperben


 
 
 
 A nyilvánosság az egyik olyan alapelv a büntetőeljárásban, mely a tisztességes eljárás (fair trial) jogcsokrának (bundle of rights) igen fontos eleme. Biztosítja az igazságszolgáltatás átláthatóságát, ellenőrizhetővé téve a bírói hatalom működését, egyben jogosultságot teremt a vád alá helyezett személynek, hogy ügyét pártatlanul, jól kontrollálhatóan bírálják el. A tisztességes eljárás számos részjogosultságból épül fel. E jogosítványok egy része minden eljárástípushoz kapcsolódik, míg mások csak a büntetőeljárásban érvényesülnek. A nyilvánosság nemcsak a büntetőper sajátja, a tanulmány azonban elsődlegesen a büntetőtárgyalás nyilvánosságát elemzi dogmatikai alapokon, érintve a gyakorlatban felmerülő kérdéseket is.
 
 
 

The Public Space Design Based on the Living Needs of the Elderly

Based on physiology, psychology and life structure characteristics of the elderly, the corresponding needs of their living space were analyzed firstly. Then public space design principles were put forward considering safety, health, communication, privacy, identifiability, and services as a whole. Finally, classification-design method was developed from four aspects: design for walking space, rest space, activity space and space design in detail according to the investigation results and space design theories.

The Interrelation of Transparency and Availability of Collateral: German and Belgian Laws of Non-possessory Security Interests

Abstract: This article compares German and Belgian laws with regard to security interests in corporeal movables, economically analysing the differences to reach a normative conclusion. Belgium is currently implementing a major reform in this field, which, combined with the different stance of both regimes on transparency of security interests, begs the question of whether the Belgian reform could serve as an example to Germany. This article starts by comparing the evolutions both legal systems have undergone in the last century and which have started from opposite positions. While Belgium principally opposed non-possessory security interests for fear that this would annihilate transparency, Germany allowed for a broad system of non-possessory security interests through retentions or transfers of title, without any kind of publicity. Both systems underwent significant changes, which can roughly be divided into two categories: allowing for a floating charge on the business and reacting to business' legal innovations. These evolutions brought into focus the trade-off that used to exist between transparency and extension of the collateral base. These legal evolutions have set the stage for reform in Belgium, a reform that is based on the principle of register publicity of security interests. Next, this article explores the threat posed to non-possessory security interests by the possibility of acquisitions in good faith, in both regimes. Following the legal comparison, this article analyses the identified differences from an economic point of view, finding three key areas in which transparency can be beneficial. First, transparency reduces the social cost of using secured credit. Second, it makes collateral more effective in performing its function by reducing the scope for acquisitions in good faith taking precedence over security interests. Finally, transparency can also make collateral more effective by optimizing the functioning of the floating charge. In its final part, the article briefly goes into the challenges posed by setting up register publicity, more specifically with regard to privacy issues and gatekeeping. This article concludes that now that technology allows for transparency and the collateral base to be complements, economically speaking, Germany could, in fact, benefit from a reform following the Belgian model.

Online Citizen Reporting on Urban Maintenance: A Collection, Evaluation and Decision Support System

We present an online support system for urban maintenance which: 1. lets citizens directly report neighbourhood issues which may require attention from the urban maintenance services: 2. evaluates the priority of reported issues; 3. allows the allocation and management of resources and workforce on solving issues and 4. permits public tracking of their status. The web application was entirely developed using low-cost Google cloud services, with the advantage of low deployment and hosting costs and practically no systems administration costs, a highly replicable and transferrable solution, and a rapid development process relying on robust Google services. The model for evaluating priority of reported issues is based on the the ELECTRE TRI rating method. In the paper we present the system's standard workflow, the evaluation model and the implementation details. We also discuss its possible more general implications for fostering and supporting citizens participation. Unlike many existing platforms for citizens reporting of maintenance issues, our system incorporates an explicit and publicly accessible evaluation model to prioritise issues and assign resources for their solution. This, we argue, is a crucial prerequisite for the principles of transparency, publicity, accountability and equity be observed by municipal governments.

There's No Such Thing as Ideal Theory

In this paper I argue against the now-conventional bright-line distinction between ideal and non-ideal normative political theory, a distinction used to distinguish “stages” of theorizing such that ideal political principles can be deduced and examined before compromises with the flawed political world are made. The distinction took on its familiar form in Rawls and has enjoyed a resurgence of interest in the past few years. I argue that the idea of a categorical distinction — the kind that could allow for a sequencing of stages of theorizing — is misconceived, because wholly “ideal” normative political theory is a conceptual mistake — the equivalent of taking the simplifying models of introductory physics (“frictionless movement in a vacuum”) and trying to develop an ideal theory of aerodynamics. Political organization and justice are about moral friction in the first instance. For example: one of the central idealizations of ideal theory is “full compliance” — the idea that a theory of justice should be analyzed , and the choice among such theories made, in the first instance without reference to whether persons will do as they oughtn’t and violate the principles. We choose among ideal principles in their best and most coherent forms, without worrying about whether the non-compliant will jeopardize the stability of the system.But, as Madison said, “If men were angels, no government would be necessary;” as Hume argued, “if men were endowed with [extensive and public-spirited] benevolence, these rules [of justice] would never have been dreamt of.” So-called ideal theories of normative political justice are derived assuming full compliance with whatever they happen to demand; but do nothing to justify being in the business of normative political theorizing about justice if humans could be assumed to fully comply with moral demands. Taking “full compliance” seriously would mean assuming away the crime that justifies the state’s control of the means of violence, the limited beneficence that sits at the base of theories of justice in property and in the coercive provision of social welfare, and more generally the failings that make politics and justice unavoidable.I examine both logical and epistemological arguments for the position that we need the idealizing assumptions of ideal theory in order to arrive at, or to know, a genuine theory of justice or political morality; and I find them wanting. Such assumptions as full compliance, consensus, and the publicity principle of universal knowledge about consensus can sometimes be useful, if used carefully and with justification; but they are not categorically different from other idealizing and abstracting assumptions in generating normative theory. What is referred to as “non-ideal” theory is all that there is, and it is many kinds of theory not one: the many ways in which we learn about justice and injustice, and seek to answer questions of practical reason about what ought to be done in our political world.

Public health and the Transatlantic trade and investment partnership

What would you do for an extra €120 billion a year? That’s an extra 0.5 % GDP across the European Union (EU), or an extra €545 per household per year.1 If you are a European politician facing poor economic conditions, you might be tempted by an international agreement that promises growth, political capital and campaign finance contributions—all with minimal pain. The EU is currently negotiating such an agreement with the United States: the Transatlantic Trade and Investment Partnership (TTIP). Public health advocates should be wary of TTIP, which carries the risk that important public health protections and principles—from access to essential medicines and medical procedures to tobacco control, food and medical device regulation—could be hampered in exchange for the promise of economic gains. To call TTIP a ‘trade deal’ is to ignore some of its most important features with big consequences for health: regulatory convergence, measures allowing foreign investors to sue governments and strong intellectual …

James Buchanan’s public debt theory: a rational reconstruction

James Buchanan’s Public Principles of Public Debt is universally associated with the claim that debt allows the cost of public activity to be shifted onto future generations. This claim treats a generation as a unitary and acting entity. Such treatment is standard fare for those macro theorists who work with representative agents and societal averages in place of the actual individuals who constitute a society. This treatment, however, conflicts with the central tenor of Buchanan’s scholarly oeuvre. This essay undertakes a rational reconstruction to render reasonable his claim about debt shifting, while also rendering it consistent with his oft-repeated claim that cost can be experienced only by individuals and never by such aggregates as generations. This reconstruction reveals a cleavage between approaching public debt through macro theory and approaching it through public finance.

The Impact of Public Relations Principles in the Strategic Management of the Police Force in Kenya

Public Relations is a department which has not been effectively utilized in the public sector, particularly in the police force in Kenya. One can hardly find it clearly defined and stipulated in the statutes and organizational structures of the various public institutions. Its presumed non-existence has resulted to lack of aggressiveness and low morale among staff members, negative publicity and bribery incidences in the forces, increased insecurity, negligence and public demonstrations as witnessed in Kenya during the 2007 post election violence. This study sought to determine the effect of public relations principles in the management of the police force in Kenya. This study used cross sectional data. The study target populations were four (4) police stations in Kisumu police division comprising of approximately 330 staff members of the force in the four stations under KPD (this figures are as at October 2008). Given the numbers involved and sensitivity of information in the police force, convenience and simple random sampling were used for the study. A reconnaissance study done in October 2008 confirms the availability of respondents to provide data required. Descriptive statistics was used to analyze the data, which was presented in the form of frequency tables and bar charts. The data for the study reported that only top-level management was involved in planning activities. Majority (59.03%, n=98) of the respondents seemed to be of the opinion that the effectiveness and efficiency of the planning process including policy formulation and analysis was on the average. The media was most involved in informing management on PR as stated by 59.03% of the respondents. The study recommends that facts gathering instrument like conducting of interviews, literature review, observation and informal conversations be used so as to be able to collect appropriate data. This is because Radio/TV alone cannot offer holistic information on the PR situation. It would thus be important to conduct full surveys and to produce reports so as to accurately present the PR situation.

Organizational-legal aspects of realization of publicity’s principle in the President of Ukraine activity’s

Article is devoted to research of a role of the constitutional principle of publicity in activity of the President of Ukraine, organizational-legal aspects of its realisation. The analysis of features of standard fastening in the operating constitutional legislation of Ukraine of a principle of publicity and the organizational mechanism of its realisation in activity of the President of Ukraine is carried out. Offers on improvement of legal regulation of organizational bases of publicity in activity of the head of the Ukrainian state are given

Natural Justice at the Boundaries of Public Law

This paper considers the ways in which natural justice arguments have historically been invoked in private law proceedings against private bodies. It first appeared on the UK Constitutional Law Blog, and will serve as the basis of a wider paper assessing the historical use of public law principles in private law proceedings.

The measurement procedure in the SEMONT monitoring system

The measurement procedure of the open area in situ electric field strength is presented, acquiring the real field data for testing of the Serbian electromagnetic field monitoring network (SEMONT) and its Internet portal. The SEMONT monitoring system introduces an advanced approach of wireless sensor network utilization for the continuous supervision of overall and cumulative level of electromagnetic field over the observed area. The aim of the SEMONT system is to become a useful tool for the national and municipal agencies for the environmental protection, regarding the electromagnetic pollution monitoring and the exposure assessment of the general population. Considering the public concern on the potentially harmful effects of the long-term exposure to electromagnetic radiation, as well as the public transparency principle that is incorporated into the Serbian law on non-ionizing radiation protection, the SEMONT monitoring system is designed for the long-term continuous monitoring, presenting real-time measurement results, and corresponding exposure assessment over the public Internet network.

James Buchanan's Public Debt Theory: A Rational Reconstruction

James Buchanan’s Public Principles of Public Debt is universally associated with the claim that debt allows the cost of public activity to be shifted onto future generations. This claim treats a generation as a unitary and acting entity. While such treatment is standard fare for macro theorists who work with representative agents and societal averages in place of the individuals who constitute a society, such treatment conflicts with Buchanan’s Cost and Choice and, indeed, his entire oeuvre. This essay undertakes an act of rational reconstruction that renders his 1958 claim both reasonable and consistent with his formulation in Cost and Choice where cost can be experienced only by individuals. This rational reconstruction reveals a cleavage between public debt approached through macro theory and public debt approached through public finance. Public Principles was generally treated by economists as macro theory when it was really about public finance and political economy.

Traditional water rights, ecology and the public trust doctrine in Hawaii

This case study discusses the implications of imposing the doctrine of public trust to ground and surface waters within the State of Hawaii and its effects on traditional rights that had previously evolved based on common law. It traces the major events of the history of water rights and practices beginning with the system devised by the indigenous Hawaiian people prior to the adoption of the doctrine of public trust to the water resources of the State of Hawaii, applied with the most expansive interpretation of the public trust doctrine, encompassing both surface and subsurface waters and a wide assortment of protected uses and purposes. The major decisions that ensued when applying the doctrine, via legal prescriptions and administrative rules, are described. The implications of the interplay between scientific enquiry and research are presented, with legal precedent in the face of potential water shortages, competing uses, sensitivities to comprehensive resource management, considerations of ecological balance and protection of the rights of indigenous people. Many of these findings are transferable to other jurisdictions contemplating the adoption of public trust doctrine principles to their surface and ground waters.