Professional Issues in Information Technology - Chapter 1 Notes

Chapter 1: Laws and Government

What is Law?

  • Definition: A set of rules enforceable in a court of law.
  • Variation: Rules vary significantly across different countries. Examples include:
    • Divorce regulations
    • Laws regarding alcohol sale
    • Data protection
    • Access to information
    • Misuse of information

Jurisdiction

  • Definition: Refers to the area governed by a single legal system and set of laws (e.g., a city or country).

Criminal Law vs Civil Law

Criminal Law
  • Definition: Mechanisms aimed at punishing wrongdoers through fines or imprisonment.
  • Key aspects:
    • Defines what constitutes a crime.
    • Lays down mechanisms for determining guilt or innocence.
    • Specifies punishments for various categories of crime.
Civil Law
  • Definition: Provides rules for resolving disputes between individuals.
  • Key concepts:
    • Court actions in civil law are known as litigation.
    • The individual who initiates court action is termed the plaintiff.

Sources of Law in England and Wales

  • Common Law:
    • Traditional law not formally written; relies on judges' decisions over time.
    • Courts refer to precedents—decisions from similar past cases.
  • Statute Law:
    • Written laws enacted by Acts of Parliament.
    • Examples:
    • Regulations on child labour.
    • Laws to prevent computer misuse.

Legislative Process in the UK

  • Bicameral Legislature:
    • Composed of two chambers: House of Commons and House of Lords.
  • Process:
    • Most new legislation is proposed by the government in the form of a bill.
    • The bill is discussed and may be modified in Parliament.
    • Approval flow:
    • House of Commons → House of Lords → Becomes an Act of Parliament if approved by both.

Legislative Process in Other Countries

United States
  • Legislature: Known as Congress, consisting of two houses:
    • Senate: Two senators from each state, elected for seven years.
    • House of Representatives: Elected members serving two-year terms.
  • Legislation Process:
    • Both chambers must approve legislation.
    • Presidential assent is required for bills to become law;
    • The President has veto power over legislation.
Singapore
  • Unicameral Legislature:
    • Contains only one chamber; follows the British model in many respects.
    • Most government members are also Members of Parliament (MPs).
Sri Lanka
  • Originally had a bicameral constitution modeled after the UK at independence in 1948.
  • Revised constitution in 1970 led to a unicameral legislature, retaining some British models.
  • The 1978 constitution resembles those of the USA/France, with a directly elected Head of State serving six years, appointing the Prime Minister, and overseeing cabinet meetings.