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Public law

Public law is that part of law which governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. In public law, mandatory rules prevail. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and unequal – government bodies central or local can make decisions about the rights of individuals. However, as a consequence of the rule of law doctrine, authorities may only act within the law secundum et intra legem. The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. Rights, too, can be divided into private rights and public rights. A paragon of a public right is the right to welfare benefits – only a natural person can claim such payments, and they are awarded through an administrative decision out of the government budget. The distinction between public law and private law dates back to Roman law. It has been picked up in the countries of civil law tradition at the beginning of the nineteenth century, but since then spread to common law countries, too. The borderline between public law and private law is not always clear in particular cases, giving rise to attempts of theoretical understanding of its basis.

                                               

Advice and consent

Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previously approved of by the legislative branch or where the legislative branch concurs and approves something previously enacted by a strong executive branch.

                                               

Asia Commons

The Asia Commons is an attempt to see how ideas of the Commons are specifically applicable to Asian conditions, and may be distinctive from other forms. It is also the name of a conference, held in early June 2006 in Bangkok, the capital in Thailand. The event was attended by over a hundred people, mostly from Asia.

                                               

Attainder

In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime. It entailed losing not only ones life, property and hereditary titles, but typically also the right to pass them on to ones heirs. Both men and women condemned of capital crimes could be attainted. Attainder by confession resulted from a guilty plea at the bar before judges or before the coroner in sanctuary. Attainder by verdict resulted from conviction by jury. Attainder by process resulted from a legislative act outlawing a fugitive. The last form is obsolete in England and prohibited in the United States, and the other forms have been abolished.

                                               

Constitution Park (New Hampshire)

Constitution Park was a 2005 proposal to pursue eminent domain against the Plainfield, New Hampshire vacation estate of Supreme Court Justice Stephen Breyer, in order to construct a park commemorating the US and New Hampshire Constitutions and providing an interpretive center and lodging for visitors. It came in response to the Supreme Court decision in Kelo v. City of New London. As with the similar Lost Liberty Hotel, the parks proponents, namely former LPNH Vice-Chair Mike Lorrey, the Libertarian Party of New Hampshire, and the Coalition of New Hampshire Taxpayers, advocate that the Kelo decision be used to improve the local tax base, expand economic opportunities in the community, which are "public purposes" under the wording of Kelo. Unlike the Lost Liberty Hotel, the Constitution Park would be a non-profit entity and open to the public for free, and so fits in more of a grey area between private for-profit use as in the Hotel proposal as well as New Londons plans and strictly public ownership. The Constitution Park proposal was published in newspapers, media websites, and broadcast on television and radio. Apparently, the LPNH and CNHT had been planning a similar proposal for Justice Souters property in Weare, NH, when they were scooped and co-opted by Logan Darrow Clements and his hotel proposal. When Mike Lorrey found that Breyer owned a significant estate in Plainfield over 4.500 sq ft 420 m 2 in the main house, multiple buildings, and over 100 acres 0.40 km 2 of land, as well as another 100 acres 0.40 km 2 of adjacent property in Chloe Breyers name), the proposal was adapted to pursue Breyers property. Additional questions were raised when comparisons of the property tax evaluation of the Breyer estate with similar adjacent properties showed that Breyer enjoys a valuation less than half that of his neighbors according to Plainfield Town Clerks office.

                                               

Declaration of mailing

A declaration of mailing is a legal form verifying that a document has been sent via mail to a third party, usually required to be sent with documents as proof to a judge or clerk that a set of documents has been mailed. This may be to an individual or group, or attorneys relating to a particular issue. It requires that legally once signed a document has been sent; and if broken the sending party may be liable to charges of perjury or contempt of court. The document is usually a short form with the following indicated information: Name and signature of mailer. Business address or contact address; sometimes telephone and fax numbers. Names of parties or attorneys sent to. Names of documents attached.