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University - 1Yr Semester 1 > EMA1311 - Law & Ethics > Flashcards

EMA1311 - Law & Ethics Flashcards

1
Q

What is the role of laws in society?

A

Laws influence and order the behaviour of individuals and organisations, converting policies into outcomes and organising power structures within the state.

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2
Q

What are the 3 governance roles of laws?

A
  1. Ordering behaviour
  2. Organising structures
  3. Promoting accountability and peaceful dispute resolution
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3
Q

What are the 3 powers of the state?

A
  1. Legislative - to make laws (Parliament)
  2. Executive - to enforce laws (Government)
  3. Judiciary - to interpret laws
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4
Q

What is one way to describe the rule of law? (according to D. Eisenhower)

A

“The clearest way to show what thr rule of law means is to recall what has happened when there is no rule of law,” referencing WW2.

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5
Q

What is the significance of Charles-Louis de Secondat’s view on law?

A

He believed that laws protect freedom, stating, “We are free because we live under civil laws.”

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6
Q

What does “Rule of Law” imply?

A

The creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one - including the most highly placed official - is above the law.

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7
Q

What are the two principles of natural justice?

A
  1. No person should be judged without a fair hearing
  2. No person can judge a case in which they have an interest.
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8
Q

What is natural law?

A

System of right or justice held to be common to all humans and derived from nature rather than the rules of society.

It is a system of law based on a close observation of natural order/human nature.

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9
Q

What is positive law?

A

Human-made laws that oblige or specify an action. It refers to legal rules enacted by people in a political community or governing body.

It includes constitutions, statutes and regulations.

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10
Q

What are the 3 key points of Dicey’s interpretation of the Rule of Law?

A
  1. No person can be punished without a breach of the law
  2. No person is above the law
  3. Decisions affecting personal liberties must be based on general principles
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11
Q

What are Fuller’s 8 minimal conditions for genuine laws?

A
  1. Rules must be general.
  2. Rules must be clear.
  3. Rules must be prospective.
  4. Rules must be stable.
  5. Rules must not contradict each other.
  6. Advance notice must be given.
  7. Behaviour must conform to the rules.
  8. There must be congruence between the rules and enforcement.
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12
Q

What are the qualifications for statehood according to the Montevideo Convention?

A
  1. A permanent population.
  2. A defined territory.
  3. A government.
  4. The capacity to enter relations with other states.
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13
Q

What is the purpose of a constitution?

A

To regulate domestic affairs, establish foreign relations, regulate relations between citizens and the state, and between state institutions.

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14
Q

What is governance?

A

Governance is the exercise of economical, political and administrative authority to manage a country’s affairs, involving mechanisms, processes and institutions that allow citizens to articulate interest, exercise legal tights, and mediate differences (UN Development Programme).

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15
Q

What does the IMF define governance as?

A

Governance covers how a country is governed, including economic policies, regulatory frameworks and adherence to the rule of law. Poor governance creates more opportunities for corruption.

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16
Q

What are the 3 components of governance according to the World Bank?

A
  1. The process by which governments are selected, monitored and replaced
  2. The capacity of the government to effectively formulate and implement sound policies.
  3. The respect of citizens and the state for institutions governing economic and social interactions.
17
Q

What are the World Bank’s governance indicators under the selection process of governments?

A
  1. Voice and Accountability (VA): citizen’s ability to participate in government election, freedom of expression, association, and media.
  2. Political Stability and Absence of Violence/Terrorism (PV): likelihood of a government being overthrown by unconstitutional or violent means.
18
Q

What are the World Bank’s governance indicators under policy formulation and implementation?

A
  1. Government Effectiveness (GE): quality of public services and their independence from political pressure.
  2. Regulatory Quality (RQ): government’s ability to formulate policies that promote private sector development.
19
Q

What are the World Bank’s governance indicators for citizen-state relationships?

A
  1. Rule of Law (RL): confidence in and adherence to society’s tules, in cuddling contract enforcement and property rights.
  2. Control of Corruption (CC): public power exercised for private gain, including both petty and grand corruption.
20
Q

What is corruption according to Dalberg-Acton?

A

“Power tends to corrupt, and absolute power corrupts absolutely”. More power leads to greater temptation to misuse it.

21
Q

What are some unacceptable corrupt behaviours?

A
  • Bribe-taking or offering
  • Trading induced for improper gain
  • Conflicts of interest in official decisions
  • Misappropriation of public resources for private benefit
  • Exercising undue influence on public officials.
22
Q

What is the progression of corruption?

A
  1. Occasional corruption: sporadic acts, such as bribes for unfair advantages
  2. Systemic corruption: regular corruption becomes normalised
  3. Sustainable corruption: corruption becomes necessary for functioning, leading to to destructive corruption.
23
Q

What are the effects of corruption?

A
  • public affairs distorted in favour of the wealthy
  • endemic poverty
  • arbitrary use of power
  • chronic injustice
  • distorts markets and government roles
  • reduces public revenue
24
Q

What are the psychological factors contributing to corruption?

A

Some people are naturally more greedy or easily coerced into corrupt behaviour. Corruption can be rooted in defects of character, where individuals exploit others’ weaknesses.

25
Q

What are the economic factors contributing to corruption?

A
  • Scarcity
  • High taxation
  • Low public sector wages,

These create incentives for corrupt practices.

26
Q

How does political power contribute to corruption?

A

Public officers who determine personal fortunes can be influence by rewards, especially if the masses are excluded from public life, leading to corrupt behaviour in dictatorships or non-competitive political systems.

27
Q

What are the sociocultural factors that contribute to corruption?

A
  • Lack of focus on the common good
  • Partisan advantages and peer pressure
  • Corruption spreads through inaction, complacency, and socialisation into corrupt practices
28
Q

How does technology contribute to corruption?

A

Faulty technology and loopholes allow corruption to go undetected or unseen, making it easier to exploit systems for personal gain.

29
Q

What are the constitutive documents of a company in Company Law?

A

The Memorandum and Articles of Association

30
Q

What does the Memorandum of a company specify?

A
  • The company type (public or private)
  • Shareholders’ details
  • Company name
  • Registered office
  • Share Capital
  • Directors’ and company secretary’s details
  • Company Duration (if applicable)
31
Q

Name the 3 pillars of a democratic state (established by the Maltese Constitution)

A
  1. Legislative
  2. Executive
  3. Judiciary

This is how Maltese law ensures separation of powers.

32
Q

What is the highest court in Malta for constitutional matters?

A

The Constitutional Court

33
Q

What is the purpose for the Articles of Association in Company Law?

A

They govern the relationship between members of the company

34
Q

What distinguishes criminal wrongs from civil wrongs?

A

Criminal wrongs are public and punishable by the state while civil wrongs are private in nature as they are committed against a private person.

35
Q

What is Public Law?

A

Public laws refers to those laws that regulate the relationship between public authorities and the citizens.

It involves:
1. Constitutional law
2. Administrative law
3. Criminal law

36
Q

What is Private Law?

A

It protects the relationship between the individuals/citizens.

It involves:
- Civil Law
- Commercial Law

37
Q

What is the Hierarchy of the Body of Written Laws?

A
  1. Constitution
  2. Primary Law of Parliament
  3. Subsidiary Legislation

University - 1Yr Semester 1 (8 decks)

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