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Evolution and Gestalt of the State in the United Kingdom
Martin Loughlin Evolution and Gestalt of the state in the United Kingdom Book section (Accepted version) (Refereed) Original citation: Originally published in: Cassese, Sabino, von Bogdandy, Armin and Huber, Peter, (eds.) The Max Planck Handbooks in European Public Law: The Administrative State. Oxford, UK: Oxford University Press, 2017 © 2017 Oxford University Press This version available at: http://eprints.lse.ac.uk/81516/ Available in LSE Research Online: June 2017 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This document is the author’s submitted version of the book section. There may be differences between this version and the published version. You are advised to consult the publisher’s version if you wish to cite from it. Ius Publicum Europaeum: The Max Planck Handbook of European Public Law Vol. I: Public Law and Public Authority § 15: United Kingdom Martin Loughlin Outline 1. INTRODUCTION 2. STATE 2.1. Introduction 2.2. State formation 2.3. The Crown, the Government and the Body Politic 2.4. Crown Prerogatives 3. -
Public Health the Vision and the Challenge
THE ROCK CARLING FELLOWSHIP 1997 Public Health The vision and the challenge THE ROCK CARLING FELLOWSHIP 1997 PUBLIC HEALTH The vision and the challenge The pursuit of public health can have no finality... The problems of public health are changing rapidly with increasing medical knowledge and changes in social and economic conditions, the age distribution of the population and the outlook of the people. Sixth Annual Report of the Department of Health for Scotland 1934 Walter W Holland CBE, FRCP, FFPHM LSE Health, London School of Economics and Political Science London AND Susie Stewart DL, MA, HON MFPHM Department of Public Health, University of Glasgow Glasgow Published by The Nuffield Trust 59 New Cavendish Street, London WIM 7RD ISBN 1-902089-10-3 © Nuffield Trust 1998 Publications Committee Sir Derek Mitchell, KCB, cvo Professor John Ledingham, DM, FRCP John Wyn Owen, CB Designed by Benjamin Rowntree Reports Limited PRINTED IN GREAT BRITAIN BY BIDDLES & CO The Rock Carling Fellowship commemorates the late Sir Ernest Rock Carling for many years a governing Trustee and Chairman of the Medical Advisory Committee of the Nuffield Provincial Hospitals Trust. It was stipulated that each holder of the Fellowship will seek to review in a monograph the state of knowledge and activity in one of the fields in which Sir Ernest had been particularly interested, and which is within the purposes of the Trust. The arrangements provide that the monograph will be introduced by a public lecture given at a recognised Medical Teaching Centre in the United -
Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency
International Law Research; Vol. 6, No. 1; 2017 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: November 20, 2016 Accepted: February 19, 2017 Online Published: March 7, 2017 doi:10.5539/ilr.v6n1p1 URL: https://doi.org/10.5539/ilr.v6n1p1 1. INTRODUCTION Prior articles have asserted that English criminal law is very fragmented and that a considerable amount of the older law - especially the common law - is badly out of date.1 The purpose of this article is to consider the crime of public nuisance (also called common nuisance), a common law crime. The word 'nuisance' derives from the old french 'nuisance' or 'nusance' 2 and the latin, nocumentum.3 The basic meaning of the word is that of 'annoyance';4 In medieval English, the word 'common' comes from the word 'commune' which, itself, derives from the latin 'communa' - being a commonality, a group of people, a corporation.5 In 1191, the City of London (the 'City') became a commune. Thereafter, it is usual to find references with that term - such as common carrier, common highway, common council, common scold, common prostitute etc;6 The reference to 'common' designated things available to the general public as opposed to the individual. For example, the common carrier, common farrier and common innkeeper exercised a public employment and not just a private one. -
Water Act, 1945. 8 & 9 GEO
Water Act, 1945. 8 & 9 GEO. 6. CE. 42. ARRANGEMENT OF SECTIONS. PART I. CENTRAL AND LOCAL PLANNING. Section. i. Duty of Minister in relation to water. 2. Central Advisory Water Committee. 3. Joint Advisory Water Committees. 4. Duties of Joint Advisory Water Committees. 5. Power to require local authorities and statutory water under- takers to carry out surveys and formulate proposals. 6. Power of Minister to require records and information from persons abstracting water. 7. Facilities for obtaining information as to underground water. PART II. LOCAL ORGANISATION OF WATER SUPPLIES. 8. Joint water boards. 9. Combination of undertakers and transfer of undertakings by agreement or compulsorily. io. Variation of limits of supply by agreement or compulsorily. ii. Power of Minister to authorise certain statutory water undertakers to supply premises outside their limits of supply. 12. Supply of water in bulk by agreement or compulsorily. 13. Default powers of Minister. PART III. RESOURCES. CONSERVATION AND PROTECTION OF WATER waste certain 14. Control of abstraction and prevention of in areas. 15. Agreements as to drainage, etc., of land. use of hosepipes. 16. Power to prohibit or restrict temporarily of 17. Byelaws for preventing waste, misuse or contamination water. A CH. 42. Water Act, 1945. 8 & 9 GEO. 6. Section. 18. Byelaws for preventing pollution of water of undertakers. 19. General provisions as to byelaws. 2o. Power of Minister to require the making of byelaws, to make byelaws in case of default and to revoke byelaws. 21. Penalty for polluting water used for human consumption. 22. Acquisition of land and execution of works for protection of water. -
Public Health (Control of Disease) Act 1984 Is up to Date with All Changes Known to Be in Force on Or Before 02 April 2020
Changes to legislation: Public Health (Control of Disease) Act 1984 is up to date with all changes known to be in force on or before 02 April 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Public Health (Control of Disease) Act 1984 1984 CHAPTER 22 An Act to consolidate certain enactments relating to the control of disease and to the establishment and functions of port health authorities, including enactments relating to burial and cremation and to the regulation of common lodging–houses and canal boats, with amendments to give effect to recommendations of the Law Commission. [26th June1984] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Modifications etc. (not altering text) C1 Act extended (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 1994/1405, art. 7 (as amended (2.1.2008) by Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), art. 3(c) and (16.4.2015) by Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015 (S.I. 2015/856), arts. 1, 6) Act (except s.28 and the treasury function under s. 73(4)): transfer of functions (1.7.1999) by S.I. -
ENGLAND, 1831-1875 Presented to the Graduate Council of the North
N, 1'%,6ABI THE PUBLIC HEALTH MOVEMENT IN VICTORIAN ENGLAND, 1831-1875 THESIS Presented to the Graduate Council of the North Texas State University in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS By Renee Anderson Hopkins, B.A. Denton, Texas December, 1985 .0-"/,C7 Hopkins, Renee A., The Public Health Movement in Victorian England, 1831-1875. Master of Arts (History), December, 1985, 73 pp., bibliography, 60 titles. In early Victorian England, a coalition of men of Gov- ernment and the local community established a centralized and uniform policy toward public health. The long and ar- duous campaign (1831-1875) for public health impelled the need to solve the serious social, political and economic problems spawned by the Industrial Revolution. This study concludes that Britain's leaders came to believe that Government indeed had an obligation to redress grievances created by injustice, a decision which meant the rejection of laissez-faire. Through legislation based on long study, Parliament consolidated the work of sanitation authorities, trained medical officers, and essential environmental improvements. The public sanitation program soon decreased the mortality rate by breaking the frequent cycle of cholera, typhoid, typhus, and dysentery plagues, all this notwithstanding that no doctor of that age knew that bacteria and viruses caused disease. -MNW.. PREFACE The Public Health Movement of Victorian England stemmed from the social, economic and political problems created by industrialization. Unprecedented social change focused attention on such issues as poverty, public health, working conditions, and education. By mid-century, govern- ment involvement in social affairs had begotten a plethora of recommendations on how to rid England of these social evils, especially the improvement of public sanitation. -
Modernising English Criminal Legislation 1267-1970
Public Administration Research; Vol. 6, No. 1; 2017 ISSN 1927-517x E-ISSN 1927-5188 Published by Canadian Center of Science and Education Modernising English Criminal Legislation 1267-1970 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: April 2, 2017 Accepted: April 19, 2017 Online Published: April 27, 2017 doi:10.5539/par.v6n1p53 URL: http://dx.doi.org/10.5539/par.v6n1p53 1. INTRODUCTION English criminal - and criminal procedure - legislation is in a parlous state. Presently, there are some 286 Acts covering criminal law and criminal procedure with the former comprising c.155 Acts. Therefore, it is unsurprising that Judge CJ, in his book, The Safest Shield (2015), described the current volume of criminal legislation as 'suffocating'. 1 If one considers all legislation extant from 1267 - 1925 (see Appendix A) a considerable quantity comprises criminal law and criminal procedure - most of which is (likely) obsolete.2 Given this, the purpose of this article is to look at criminal legislation in the period 1267-1970 as well as criminal procedure legislation in the period 1267-1925. Its conclusions are simple: (a) the Law Commission should review all criminal legislation pre-1890 as well as a few pieces thereafter (see Appendix B). It should also review (likely) obsolete common law crimes (see Appendix C); (b) at the same time, the Ministry of Justice (or Home Office) should consolidate all criminal legislation post-1890 into 4 Crime Acts.3 These should deal with: (a) Sex crimes; (b) Public order crimes; (c) Crimes against the person; (d) Property and financial crimes (see 7). -
The Vital Role of Law
International Development Law Organization Advancing the right to health: The vital role of law Advancing the right to health: the vital role of law WHO Library Cataloguing-in-Publication Data: Advancing the right to health: the vital role of law. 1.Human Rights. 2.Public Health – legislation and jurisprudence. 3.Health Policy. I.World Health Organization. ISBN 978 92 4 151138 4 (NLM classification: WA 32) © World Health Organization 2017 Some rights reserved. This work is available under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 IGO licence (CC BY-NC-SA 3.0 IGO; https://creativecommons.org/licenses/by-nc-sa/3.0/igo). Under the terms of this licence, you may copy, redistribute and adapt the work for non-commercial purposes, provided the work is appropriately cited, as indicated below. In any use of this work, there should be no suggestion that WHO endorses any specific organization, products or services. The use of the WHO logo is not permitted. If you adapt the work, then you must license your work under the same or equivalent Creative Commons licence. If you create a translation of this work, you should add the following disclaimer along with the suggested citation: “This translation was not created by the World Health Organization (WHO). WHO is not responsible for the content or accuracy of this translation. The original English edition shall be the binding and authentic edition”. Any mediation relating to disputes arising under the licence shall be conducted in accordance with the mediation rules of the World Intellectual Property Organization (http://www.wipo.int/amc/en/mediation/rules). -
Cholera, Quarantine and the English Preventive System, 1850-1895
Medical Historv, 1993, 37: 250-269. CHOLERA, QUARANTINE AND THE ENGLISH PREVENTIVE SYSTEM, 1850-1895 by ANNE HARDY * Cholera is popularly remembered as the disease which made the nineteenth century its own, appearing from obscurity to devastate Europe repeatedly in the years between 1830 and the 1920s. Six pandemics spread fear and alarm, terrible illness and horrible death, across the Continent before 1900,1 distorting the true demographic significance of the disease and deflecting both contemporary and historical attention from the indigenous "diseases of society".2 Epidemic cholera had its origins in India; for Europe it was only an invader, as plague had been originally. In its status as invader, and in the magnitude of its geographical range, lay its impact and its influence on nineteenth-century society. More than thirty years ago, Asa Briggs drew attention to the international significance of cholera, and stressed the need for comparative examination of responses to cholera in different countries and in different epidemics.3 Although the disease has since attracted much historical attention, this has been largely concentrated on individual epidemics (notably that of 1830-32), and on contemporary debates about the causes of the disease.4 It is only recently that studies which recognize and stimulate consideration of the wider European cholera experience of the period 1830-1900 have begun to appear, and the later history of the disease in Europe remains largely unexplored.5 Both the pattern of local responses to the later outbreaks, and the processes involved in cholera's gradual withdrawal from the Continent, merit investigation, as does the wider context of the development of * Anne Hardy, MA, D.Phil., Wellcome Institute for the History ofMedicine, 183 Euston Road, London NW I 2BE. -
Helps to Health : the Habitation, the Nursery, the School-Room, And
From the Library of Sir Andrew Clark, Bart. Presented by Lady Clark. 9 Digitized by the Internet Archive in 2015 https://archive.org/details/b24756246 HELPS TO HEALTH THE HABITATION, THE NURSERY, THE SCHOOL-ROOM, AND THE PERSON, WITH A CHAPTER ON PLEASURE AND HEALTH RESORTS BT HENRY C. ^URDETT, FOUNDER OF THE HOME HOSPITALS ASSOCIATION FOR PAYING PATIENTS. " " AUTUOR OF "pay HOSPITALS OP THE WORLD ; "HOSPITALS AND THE STATE; "COTTAGK HOSPITALS, GENER,VL, FEVER AND CONVALESCENT, WITH FIFTT BEDS AND UNDERJ "THE RELATIVE MORTALITY OF LARGE AND SMALL HOSPITALS "hospitals with fifty BEDS AND UPWARDS, THF.IRy^ V~f. ORIGIN, construction, AND MANAGEMENT.'' / " HINTS IN SICKNESS," / etc., etc. WITH NINETEEN ILLUSTRATION^^'^i London kegan paul, trench & co., 1 patehnoster square 1885 ; " (§0, iittk book, ®xrji emh thtc Qooi> i^assagc ^iti s\szcuU^ Id this bz tlt^ pnx^txt, Winto ihtm nil that tltce toill veab hear, SSEhcM thott art torong, after their htl^p to call, %hzz to mrect in ans ?art err all." dhauccr. 1 80i.-r? — CONTENTS. PAGES Introduction ..... ix, x CHAPTER I.—THE NURSERY. Arrangfement—Floors—Walls—Choice of Colours for Walls—Ventila- tion — Wanning — Cubic Space — Lighting — Furniture — Play - things — Rules for Nursery — Sleep — Exercise — Baths and Bathing—Teething—Diseases of Children—Vaccination and Re-Vaccination—Dress in the Nursery—Cleanliness in Cloth- ing—Diet of Infants and Young Children—Artificial Human Milk—General Remarks on Children's Food—Times of Meals Cleanliness in Feeding—Other General Rules—Mr Ruskin on Nurseries . , , . 1 to 36 CHAPTER It.—THE SCHOOL. I'rinciples of Education'— School Hours — Dress — Food — Play — Sleep—Eyesight—School Desk." and Seats—Schoolroom—Medical Hints— Evils of Cramming . -
Statutory Rules and Orders
Indiana Law Journal Volume 6 Issue 8 Article 1 5-1931 Statutory Rules and Orders Ernest R. Baltzell Smith, Remster, Hornbrook and Smith Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Legislation Commons Recommended Citation Baltzell, Ernest R. (1931) "Statutory Rules and Orders," Indiana Law Journal: Vol. 6 : Iss. 8 , Article 1. Available at: https://www.repository.law.indiana.edu/ilj/vol6/iss8/1 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. INDIANA LAW JOURNAL Vol. VI MAY, 1931 No. 8 STATUTORY RULES AND ORDERS ERNEST R. BALTZELL* The rules and orders of federal and state administrative offi- cials made in the exercise of authority delegated by Congress and state legislatures have, in recent years, become an important part of our law. As the functions of government have increased new administrative departments,, commissions, boards and bu- reaus have been created. New and important powers have been conferred upon administrative officials. The exercise of these powers has resulted in a body of rules, regulations and orders comparable in volume and in importance, in many instances, to the enactments of Congress and state legislatures. This body of law has been called "administrative legislation"' and the power exercised in making it has been frequently referred to as "quasi-legislative." In Great Britain a similar body of law has developed and is collected in an official publication called "Statutory Rules and Orders." 2 This body of law in Great Britain has been described as "Delegated Legislation."' 3 The Riglements d'Administration Publique represent in France similar rules and orders. -
Political Institutions and Private Property
American Law & Economics Association Annual Meetings Year 2005 Paper 20 Political Institutions and Private Property Daniel H. Cole Indiana University School of Law at Indianapolis This working paper site is hosted by The Berkeley Electronic Press (bepress) and may not be commercially reproduced without the publisher's permission. http://law.bepress.com/alea/15th/bazaar/art20 Copyright c 2005 by the author. POLITICAL INSTITUTIONS AND PRIVATE PROPERTY Daniel H. Cole1 INTRODUCTION Is constitutional judicial review necessary to protect private property rights? Nearly all American jurists, since James Madison, have thought the answer to this question both obvious and incontestible: in the absence of judicial review, federal and state governments would trample private property rights into dust. Theoretical and historical support for this presumption are thin. In fact, positive political-economic theory predicts that political institutions will substantially protect private property rights. Historical evidence from the United Kingdom and several of the United States strongly supports that theory, and casts doubt on the extreme form of distrust of democratic regulations represented, for example, by the judicial opinions of Justice Scalia and the scholarly writings of Richard Epstein. Theory and evidence suggest that constitutional judicial review has less marginal utility than most legal scholars presume. 1 R. Bruce Townsend Professor of Law, Indiana University School of Law at Indianapolis. I am indebted to David Callies, Robin Craig, Jill Fisch, Bill Fischel, Susan Freiwald, Malcolm Grant, Neil Komesar, Ron Krotoszynski, Gerard Magliocca, Miguel Poaires Maduro, Victoria Nourse, Greg Shaffer, David Schwartz, Laura Underkuffler, Wendy Wagner, George Wright, and Katrina Wyman for their helpful comments on drafts of this paper.