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This study aims to assess the risks of systematisation of corruption in the UK following the Brexit referendum.
Abstract
Purpose
This study aims to assess the risks of systematisation of corruption in the UK following the Brexit referendum.
Design/methodology/approach
The study applies theoretical and empirical findings of criminological, social, psychological, economic and legal research on the causes of systemic corruption to the socio-institutional developments following the Leave vote.
Findings
The events surrounding the referendum confirm that the resort to corrupt practices is normalised in certain sectors of the British institutions, business and media and that socio-political processes activated by the Leave vote and inadequate UK policymaking and lawmaking can aggravate the situational and socio-psychological enablers of systemic corruption. Effective solutions must go beyond mere anti-corruption laws and address deeper social issues.
Research limitations/implications
The study focuses only on some of the major situational and socio-psychological causes of systemic corruption, including the unintended criminogenic effects of the law. More interdisciplinary research is required to address other causes, such as historical and cultural factors.
Practical implications
The findings of this study can inspire practical solutions by policymakers and future research.
Social implications
The study contributes to raising social awareness and stimulating public discussion on systemic corruption in the UK and on the consequences of the referendum on public and private integrity.
Originality/value
The study offers the first systematic analysis of the effects of Brexit and the referendum on corruption through an integrated interdisciplinary approach to systemic corruption in the UK.
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Abstract
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The purpose of this paper is to demonstrate the significance and necessity of adequate management tools to face dynamic complexity. In particular, the paper shows the importance…
Abstract
Purpose
The purpose of this paper is to demonstrate the significance and necessity of adequate management tools to face dynamic complexity. In particular, the paper shows the importance of model‐based support for designing public systems defined through laws. This is illustrated by means of an example: the new reform of the Colombian criminal justice system.
Design/methodology/approach
Literature review of model‐based reasoning and justice systems. Illustration with a case study: reform of the Colombian criminal process.
Findings
Human reasoning can be characterized as a model‐based activity, which in turn can be improved by constructing and using diverse models. The support of dynamic models for designing law‐defined public systems represents an open field of research. Specific relevance and conceptualization for criminal justice systems are developed.
Originality/value
To introduce the significance of the contribution of computer simulation modeling for supporting system design and lawmaking processes.
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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Mohammad Rasmi Al-Umari and Mutasim Ahmad Alqudah
The purpose of this paper is to determine whether there is any fundamental difference in the meaning of contract in these two legal systems by analysing some of the essential…
Abstract
Purpose
The purpose of this paper is to determine whether there is any fundamental difference in the meaning of contract in these two legal systems by analysing some of the essential principles of contract particularly parties’ agreement and consideration.
Design/methodology/approach
This paper seeks to investigate the degree of equivalency of the term contract and its Islamic law counterpart “Aqd”. To implement this task, it applies some comparative law techniques to examine certain contractual elements under common law and Islamic law.
Findings
The argument that “contract” and “Aqd” are not equivalent is superficial, and it is not well-supported by concrete evidence. The examples used to build this argument are merely limited exceptions to the general principles of contract, and some of them even exist under both legal systems in a similar manner such as “deed” and “Hibah”.
Practical implications
The paper is of interest to legal practitioners and professionals working in cross-cultural or international contexts, as understanding points of conformity and disconformity between “contract” and “Aqd” can help in multiple ways. These may include negotiating international transactions, contract drafting and dispute-resolution processes involving parties from Western and Islamic law-based jurisdictions. It may also aid policymaking and lawmaking processes aiming to harmonize contract principles across different jurisdictions.
Social implications
The research paper is important for public attitude, as understanding similarities and differences between “contract” and “Aqd” fosters mutual respect, tolerance and cooperation between individuals and communities adhering to different legal systems.
Originality/value
There is a common belief that the term “contract” substantially differs from “Aqd”, and it is by no means safe to presume that every “Aqd” qualifies as a contract. The current research introduces a new point view on the degree of conceptual equivalency of the two terms by showing resemblances in aspects relating to some contractual elements which have always been viewed as an area of divergence rather than convergence.
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This paper aims to explore the ways in which the international standards in the field of anti-money laundering (AML) and counter-terrorist financing (CTF) have reshaped regulatory…
Abstract
Purpose
This paper aims to explore the ways in which the international standards in the field of anti-money laundering (AML) and counter-terrorist financing (CTF) have reshaped regulatory regimes in a globalised world.
Design/methodology/approach
This paper deconstructs the origins and development of international standards in the field of AML and CTF dealing with longstanding legal professional privilege. This paper adopts both qualitative and quantitative research methodologies. The qualitative aspect comprises a literature review of sources, including scholarly works, Financial Action Task Force (FATF) recommendations, reports and domestic laws. The quantitative aspect analyses a unique and comprehensive table reproduced below, that indicates Australia’s compliance with all the FATF recommendations over more than a decade with full alternation to FATF’s revisions of its recommendations.
Findings
This paper demonstrates that an understanding of the influence of the FATF norms can shed light on the departure from regular lawmaking processes and emerging forms of international governance. The conclusion suggests that tranche II is coming and Australia will amend it in domestic regime to comply with the international standard, applying the AML/CTF regime to the legal profession and thus interfering with legal professional privilege. The question is not if but when.
Originality/value
This paper fills the gaps in the existing literature by contemplating the future of legal professional privilege globally and in Australia, which provides a case study of a regime that does not yet comply fully with AML and CTF international standard. This approach differs significantly from that of other literature in the field, which deals comprehensively with the theoretical foundations of legal professional privilege, as well as its practicalities and limitations, without considering the influence of the international non-binding norms.
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Iván Székely, Máté Dániel Szabó and Beatrix Vissy
The purpose of the paper is to provide an overview of the legal implications which may be relevant to the ethical aspects of emerging technologies, to explore the existing…
Abstract
Purpose
The purpose of the paper is to provide an overview of the legal implications which may be relevant to the ethical aspects of emerging technologies, to explore the existing situation in the area of legal regulation at EU level, and to formulate recommendations for the lawmakers.
Design/methodology/approach
The analysis is based on the premise that the law is supposed to invoke moral principles. Speculative findings are formulated on the basis of analyzing specific emerging technologies; empirical findings are based on a research conducted in the whole legal corpus of the EU.
Findings
In the area of network‐based technologies the already existing and elaborated legal frameworks can be used in an extended manner; artificial intelligence‐based technologies call for alterations in several branches of law; while interface technologies show the difficulty and complexity of regulating interdisciplinary fields. The legal implications of emerging technologies have attracted only a minimal legislative attention in the competent bodies of the EU.
Originality/value
The paper provides a systemic approach towards transmitting ethical norms to the application of emerging technologies through legal regulation, and formulates detailed recommendations in various areas of such technologies.
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This is the second of three articles addressing the critical issue of abusive data collection and usage practices and their effect on personal privacy. The first article, which…
Abstract
This is the second of three articles addressing the critical issue of abusive data collection and usage practices and their effect on personal privacy. The first article, which appeared in consecutive issue 17 of Library Hi Tech, discussed the individual under assault. This article discusses the evolution of data protection laws within countries and international organizations that have enacted such laws, and compares the scope, major provisions, and enforcement components of the laws.
The involvement of politicians in the introduction and use of financial management techniques in the public sector deserves more attention. This paper analyses the influence of…
Abstract
Purpose
The involvement of politicians in the introduction and use of financial management techniques in the public sector deserves more attention. This paper analyses the influence of members of Parliament (MPs) on the development of financial management regulations for Dutch central government executive agencies.
Design/methodology/approach
This paper uses desk research and analyses formal evaluation reports, as well as minutes of meetings of Parliament to analyse the influence of MPs on the changes in financial management regulations.
Findings
MPs' influence on the change of prescriptions seems to have been small. The authors observe that modifications were most often already formulated in general evaluation reports by the Ministry of Finance, in advance of parliamentary debates. The analysis also reveals that the criteria to be met by the executive agencies became more detailed in the initial years of the agency model and became more global in recent years.
Research limitations/implications
This paper aims to contribute to the literature on the influence of politicians on financial management regulations.
Practical implications
The paper shows that the influence of MPs on the prescriptions is quite small in daily practice and therefore, their role in the legislative process, as far as financial management techniques are concerned, is limited.
Social implications
The results show that politicians are both in charge of, as well as subject to NPM-inspired financial management regulations, whereas their influence on the rules is small. The authors advise to further analyse this, as well as to explore how their role can be enlarged.
Originality/value
The interplay between politicians and financial management techniques in general, and the influence of MPs on the legislative process in specific, is an underresearched area. This paper aims to contribute to this literature and shows that the influence of MPs on the development of financial management regulations is limited. Several changes were made in these prescriptions in a period of more than 25 years, whereas discussions in the Parliament hardly played a role in these modifications.
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Statements by Lord Denning, M.R., vividly describing the impact of European Community Legislation are increasingly being used by lawyers and others to express their concern for…
Abstract
Statements by Lord Denning, M.R., vividly describing the impact of European Community Legislation are increasingly being used by lawyers and others to express their concern for its effect not only on our legal system but on other sectors of our society, changes which all must accept and to which they must adapt. A popular saying of the noble Lord is “The Treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back”. The impact has more recently become impressive in food law but probably less so than in commerce or industry, with scarcely any sector left unmolested. Most of the EEC Directives have been implemented by regulations made under the appropriate sections of the Food and Drugs Act, 1955 and the 1956 Act for Scotland, but regulations proposed for Materials and Articles in Contact with Food (reviewed elsewhere in this issue) will be implemented by use of Section 2 (2) of the European Communities Act, 1972, which because it applies to the whole of the United Kingdom, will not require separate regulations for England and Wales, Scotland and Northern Ireland. This is the first time that a food regulation has been made under this statute. S.2 (2) authorises any designated Minister or Department to make regulations as well as Her Majesty Orders in Council for implementing any Community obligation, enabling any right by virtue of the Treaties (of Rome) to be excercised. The authority extends to all forms of subordinate legislation—orders, rules, regulations or other instruments and cannot fail to be of considerable importance in all fields including food law.