Public Utilities

Author(s):  
Richard B. Collins ◽  
Dale A. Oesterle ◽  
Lawrence Friedman

This chapter addresses Article XXV of the Colorado Constitution, which governs public utilities. Added in 1954, the article grants the general assembly authority, which it had lacked, to regulate privately owned public utilities operating in home rule cities. It also affirms the general assembly’s power over privately owned utilities located elsewhere in the state and its authority over the Public Utilities Commission (PUC). A bit unusual is the article’s delegation to the PUC of full legislative discretion until the general assembly provides otherwise. This gave the PUC rather open-ended powers for a short time. The general assembly has now preempted the field with specific legislation. Meanwhile, Article XXV’s last phrase states that it does not “apply to municipally owned utilities.” This preserves immunity from legislative, and thus PUC, control.

1938 ◽  
Vol 32 (6) ◽  
pp. 1123-1139
Author(s):  
Orren C. Hormell

A survey of the state legislation on public utilities for the period 1936-38 reveals the continuation of certain trends which were pointed out in the article published by the author in this REVIEW in June, 1936.The period under consideration in the present article (1936–38) witnessed a marked extension of the exercise of regulatory functions by the Federal Government, and at the same time a notable strengthening of the powers and an increase in activities of the public utilities commissions in several states.


2001 ◽  
Vol 44 (3) ◽  
pp. 749-771 ◽  
Author(s):  
JAMES TAYLOR

Until 1836, many of England's lighthouses were privately owned. The owners levied tolls on all merchant shipping which made use of the lights, and in many cases grew rich from the proceeds. After 1815 these profits became increasingly contentious, and, under pressure from shipowners, merchants, and the radical MP Joseph Hume, the whig government abolished private ownership of lighthouses and made Trinity House the sole lighthouse authority for England. The choice of Trinity House as the central administration from a range of alternatives made a UK-wide authority impossible, however, due to the unwillingness of Irish and Scottish MPs to see their national boards replaced by an ‘inferior’ English one. The reform process sheds light on contemporary perceptions of the relationship between private property and public interest and suggests that alongside the process of post-war retrenchment, the state was acquiring a new role as guardian of the public interest, often positioning itself against certain forms of private property. Behind the ‘old corruption’ rhetoric which characterized the demand for reform lay the conviction that certain resources should be excluded from the realm of private property by the state, and that private profit made at the expense of the public interest was morally wrong.


Author(s):  
Martin O'Donoghue

This chapter explores the place of the Irish Party in the public memory as well as the views of grassroots supporters in the state up to the formation of the Irish National League in 1926. There is detailed analysis of how the Irish Party and its leaders were remembered, including debate concerning how those from home rule backgrounds commemorated Ireland’s part in the First World War. However, pointing out that Great War commemorations extended beyond merely gatherings of former Irish Party followers, this chapter interrogates the phenomenon of Redmondite commemorations. This chapter argues that these events demonstrated a clear reservoir of support for John Redmond and the Irish Party in a state where it has previously been suggested that the former leader had been forgotten. This chapter also considers the extant networks of Irish Party supporters which persisted into the Free State such as the Ancient Order of Hibernians and the National Club.


Author(s):  
Michael Taggart

For much of last century it was taken for granted in many countries that it was the duty of the State to care for its citizens ‘from cradle to grave’: to provide education, pensions, medical services, and public utilities, and to hold out a safety net for the less fortunate so that they had food, shelter, and the other necessaries of life. Since the late 1970s, however, these functions of the State have been put in question by the worldwide march towards privatization. The privatization movement was said to be a response to budget deficits and mounting public debt, perceived inefficiencies in government operations, and a loss of faith in the ability of governments in the developed world to meet the expectations of their citizenry of an ever-increasing standard of living. This article discusses the influence of economic theory on the privatization movement; the impact of changes in the economy (namely, the privatization movement) on law, particularly legal scholarship; the meaning of privatization; the public/private law divide; and privatization in the UK; corporatization and public sector reforms; deregulation; and contracting out.


Author(s):  
A.V. Yakub ◽  
◽  
N.V. Yakub ◽  

Periodicals is a “mirror” of society. On the one hand, they reflect the social and cultural climate of a particular historical epoch. On the other one, retain the memory of the past times. Magazines and newspapers can influence the public opinion and provide feedback in the management of society through the prism of ideology and propaganda, thereby serving the interests of the state. This paper considers collector periodicals of the Soviet Russia in the first half of the 1920s. During this period, all printed materials were either private or state-owned. The publishing development and the editorial attitudes in the collector periodicals of that time were determined by the Soviet reality and reflected it. For this reason, the Soviet collector periodicals, including philatelic magazines, serve as an invaluable source of evidence of the growing pressure produced by the party policies in propaganda, agitation, and publishing industry. A number of periodicals that received little support from the state were unable to engage in any pro-active resistance. In the early 1920s, the number of collector periodicals rocketed. By the end of 1922–first half of 1923, the dialog between them finally turned into a monologue of one edition promoting the positions of the state. As a result, the privately owned collector magazines disappeared. The remaining magazine turned out to perform mostly ideological and educational functions. Therefore, the general tasks and problems of collecting, in particular the philatelic ones, were replaced by the vital economic problems making the collector periodicals a tool used for bringing up an ideal Soviet person.


Author(s):  
Richard B. Collins ◽  
Dale A. Oesterle ◽  
Lawrence Friedman

This chapter studies Article XXVIII of the Colorado Constitution, which deals with campaign and political finance. A 1996 initiative had adopted similar rules as a state statute. It was gutted by the general assembly, and Article XXVIII was adopted in reaction. The article sets contribution and spending limits on campaigns for public office and for ballot measures. It also requires disclosure of persons who make defined political expenditures and who contribute to those who make them. Groups active in politics are required to register with the state and file reports. Although no constitutional text addresses the issue, the article is interpreted to exempt home rule local governments that have adopted laws that “address the matters covered” by the article.


2008 ◽  
Vol 16 (3) ◽  
pp. 337-353 ◽  
Author(s):  
Ingrid Van Biezen

This article is concerned with a closer investigation of the growing tendency for the state to intervene in contemporary party politics. It examines two trends. First, it looks more closely at the increased levels of regulation of party activity and behaviour in European democracies, discussing the empirical practice as well as the underlying normative paradigms of party regulation. Second, it examines the increased availability of public funding to political parties from a comparative perspective, while also exploring the motivations for its introduction in light of particular understandings of party democracy. It is argued that both dimensions constitute part of the way in which parties have strengthened their linkages with the state in recent years, and that parties, as a result of the increased involvement of the state in their internal affairs and external behaviour, have become increasingly defined as public utilities or semi-state agencies.


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