IBL Week 1

21 flashcards · Other · by Daniel F.

1. law

   set of enforceable rules that regulate the government of a State, the relationship between the organs of government the subjects of the State the relationship or conduct of State subjects towards each other Omnipresent, diverse, operates on local, national, and international levels Must be studied within context (empirical study), considering social and moral factors incentives for changing behavior (implicit prices) instruments for policy objectives (efficiency and distribution)

2. Law and morality

   Law reflects majority views for enforceability, incorporating moral and social values Objectivism: One absolute set of moral values exists. Relativism: Morals are human constructs, varying across time, societies, and individuals.

3. Moral vs legal vs social duty

   Moral Duty: Based on ethical systems. Not all moral duties are legally enforceable Relativism sees morality coinciding with social values Legal Duty: Created by law. Divergence between legal and moral duties risks unenforceability Law divergent from social attitudes is difficult to enforce Social Duty: Informal, supports daily societal function. Case Study: Nazi Germany's Enabling Act and Nuremberg Laws demonstrate amoral legal rules. Overlap between these duties aids enforceability.

4. Main 3 ethical theories

   Virtue Theories (Aristotle): Focus on developing good character traits. Duty Theories (Locke, Kant): Emphasize fundamental obligations and rights. Consequentialist Theories (Mill, Bentham): Evaluate consequences of actions (e.g., utilitarianism).

5. Classification of law

6. Criminal law vs Civil law Purpose, Parties, Outcome, Burden of proof, Standard of proof, Examples

7. injunction

   equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts

8. Plaintiff

   person who brings a case against another in a court of law

9. defendant

   individual, company, or institution sued or accused in a court of law

10. Sources of law

    Legislation, Case law, International/ supranational law

11. Legislational law in English law

    Primary legislation Acts of Parliament (aka Statutes). Made by Parliament. Parliamentary sovereignty Parliament is the supreme law-making body in the UK It has the power to make any statutes on any subject matter British courts are bound to enforce the laws & cannot question their validity. Delegated legislation Made by bodies other than Parliament. Power to make delegated legislation is given by Parliament. Delegated legislation going beyond the power of the enabling Act is said to be "ultra v…

12. Case law in English law

    Judges of lower courts must apply the legal rules set down by higher courts (or courts of the same status) in earlier cases where the facts are broadly similar (Doctrine of precedent)

13. Obiter dictum vs Ratio decidendi in case law

    Ratio decidendi: the legal principle or reasoning behind a court's decision (binding part of the precedent) Obiter dictum: a statement made by a judge in a court decision that is not directly relevant to the case at hand (not binding on lower courts)

14. International/ supranational law

    Agreements between states and/ or supranational/ intergovernmental organizations E.g. Supranational law: EU law International Law: WTO Law, the Paris Agreement

15. Institutions of the EU

    policy-making body: European Council (heads of States) Law-making bodies EU Commission proposes and later on enforces Council of the EU Members: ministers from EU MS debate and amends law before adoption European Parliament debate and amends law before adoption Judiciary: Court of Justice of the European Union (CJEU)

16. Primary EU law

    Binding agreements between EU Member States (MS) Establish ground rules for all EU action Overall objectives Rules for institutions Decision-making procedures Relationship between EU - MS Examples: Treaty of the EU; Treaty on the Functioning of the EU

17. Secondary EU law

    rules derived from principles in Treaties Regulations Binding legislative act applicable to all MS Directly becomes national law (self-executing) Directives Binding legislative act applicable to all MS Only sets objectives, leaves leeway for implementation in national law Decisions Binding legal act to whom it is addressed Directly applicable Recommendations and Opinions Not binding, allows EU to voice concerns, suggest action

18. Supremacy of EU law/ Primacy of EU law

    EU law is supreme only in areas where member states transferred power (e.g., single market, environment) directly applicable or effective EU law takes precedence over domestic laws of Member States domestic laws that are incompatible with EU law will have to be changed Established by Costa v ENEL Case 6/64

19. Common law vs Civil law

20. Legal systems

    the body of institutions that make, execute, and resolve disputes on the law of a jurisdiction (Area where a particular law applies), together with the law they deal with Common law Civil law

21. Separation of Powers

    Safeguards against tyranny by preventing power concentration. Montesquieu's Model: Legislature: Makes law. Executive: Implements law. Judiciary: Resolves disputes. Practice: Complete separation is impossible; "checks and balances" are crucial.