Critically Analyse the Effectiveness. Introduction The doctrine of the separation of powers is defined as the constitutional principle that limits powers vested in any person or institution. In the doctrine of the separation of powers, it has been divided into three branches, which is a legislative, executive, and judicial power of a government. First of all, the legislative is talking about the making of laws; it also · Whether it’s a problem solving question or an essay, when it comes to law school assignments the real marks, the ones that take you from a credit to a distinction or a high distinction, are all in the critical analysis. Follow our critical analysis checklist and write a convincing assignment every time What is the question asking?Author: Kat Crossley “The essay will be divided into four main sections. In section I, the essay will provide an in-depth understanding of Act. In section II, essay will examine the implementation of the act and in Section III, the essay will critic the amendment instrument and finally indicate the position in the argument in section IV.” Body Paragraph
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After having thoroughly examined the laws governing company directors and the ethical ethos critically analyse law essay Mauritius and that of New Zealand and South Africa dealt in the previous chapters, we can spot out some lacuna of our regulatory and legal framework and thus urging for amendments, critically analyse law essay.
Given the fact that there are many important aspects that are missing in Mauritius, this chapter will therefore critically analyse the Mauritian regulatory framework as well as its ethical base governing company directors which will then be followed by recommendations to sort out the problem encountering in Mauritius. However, critically analyse law essay, the Mauritian framework governing company directors has also its strengths.
In line with this, we shall begin with the strengths and then proceed with its weaknesses and recommendations to improve the Mauritian framework by making reference to New Zealand and South Africa. Most importantly the CCG has redefined the roles and duties of directors extensively.
It emphasises on three fundamental types of directors being the executive, independent and non-executive directors other than the other types of directors which are provided under the Mauritian CA. Additionally, the Mauritian CCG clearly provide for qualification, experience and integrity among other important features of company directors. The Mauritian CCG moreover came up with the concept of internal control mechanism which the CA does not make provision for. The inclusion of the concept of ISR in the Mauritian CCG [ 2 ] was an attempt to bind Mauritian companies by the concept of corporate social responsibility since they operate in a wide social framework.
Thus, it can be said that the CCG reinforces the aims of the government in consolidating a corporate regime that stress on the concept of company directors. Much have been done in terms of business ethics centres and programs in Mauritius, but however, the immoral business practices keep on propagating in the country. In addition, the figure of insolvencies [ 8 ] in Mauritius is quite stressing. As a matter of critics, the number of firms that have been liquidated could be linked to the mismanagement and unethical conduct by company directors.
To highlight this point, the director of the Infinity BPO, Jean Suzanne, was alleged to be in breach of duty for having falsified company accounts and used company assets for his personal use. In Mauritius it can be said that little liability attaches to company directors since there is no Corporate Manslaughter and Corporate Homicide Bill. Unlike in New Zealand, where liability upon company directors are higher because legislators came up with the drafting up of a Succession Homicide Bill, after numerous accidents at work, particularly after the report of the Royal Commission on the Pike River Coal Mine Tragedy [ 10 ].
Moreover, the South African legislators have taken the initiative to impose higher liability on company directors with the drafting up of critically analyse law essay National Occupational Health and Safety Bill NOHSB. Protections given to company directors in Mauritius are somehow complex due to its hybrid legal system which incorporates both the English and French laws. Although modern protections such as the doctrine of limited liability, separate legal entity and the veil of incorporation attributed to company directors, critically analyse law essay, court proceedings are costly, time consuming and sometimes issues are not even dealt properly.
In line with this statement, no Mauritian case law concerning company directors is addressed. On the other side, though there are criticisms that critically analyse law essay legal procedures are slow in South Africa, there is the willingness to enter cases concerning company directors. Laws in Mauritius and New Zealand are quite strong and much more elaborated as compared to South Africa. Thus it can be argued that Mauritius has not taken the initiative of bringing its existing legal framework in line with the changing pace of the corporate world, critically analyse law essay.
For directors to uphold their duties correctly, laws should be reinforced. The Mauritian CA should be amended to bring it in line with the international changes. For instance, the principles put forward in the Mauritian CCG could be incorporated in the Mauritian CA thereby strengthening the sections relating to company directors in areas of qualification, composition of board, internal control structure, and critically analyse law essay among others.
However, critically analyse law essay, the Mauritian CCG ever since its implementation has not been subject to any revision. Thus, it is considered to be outdated and it is high time to review the code in order to align it with the growing internalisation rate of business and international changes.
As stated by Sir Adrian Cadbury, "corporate governance is concerned with holding the balance between economic and social goals and between individual and communal goals. Nevertheless, the Mauritian CCG could be given a binding character where then company directors would be critically analyse law essay to follow by each principles and guidelines provided in the code, critically analyse law essay.
Among other legislations, the FIAMLA, POCA, FRA and the Criminal Code should be amended to impose higher sanctions upon corrupt directors. As such, conduct of directors specifying their duties, powers, limitations among others would be codified in the Act.
The drafting of such an Act would consolidate the legal concepts such as duty of skill and care, good faith, proper purpose rule among others. The concept of establishing an ethic committee can also be included in the Act to strengthen the internal control structure of an organisation.
A whistleblowing policy can be adopted within a company in order to enhance ethical practices. With the drafting up of such a policy, protection would be given to the whistleblower who would take the initiative of disclosing any breach of laws or rules and any unethical conducts in the organisation.
Thus with such a policy, an employee can without fear report any unethical practices critically analyse law essay company directors thereby strengthening ethical climate within the company. Reference could be made to the US whereby the legislators came up with a Whistleblower Protection Enhancement Act which provides protection to whistleblowers.
The functions of the ICAC are clearly set out in the POCA. However, for the ICAC to be effective, it needs strong collaboration of political class and public support.
Thus, government should come up with an effective mechanism critically analyse law essay establish public confidence. Moreover, government should increase the number of investigative institutions to act as watchdogs over Mauritian companies. For instance, it can set up an institute of criminology just like in the case of Australia where the government came up with an Australian Institute of Criminology to eradicate crimes.
On the other hand, Mauritian government can adopt the US strategy by setting up an Interagency Financial Fraud Enforcement Task Force. In order to take good strategic decision, the board should comprise of qualified and experienced directors in order to act in the interests of the company.
Moreover, the board should comprise of sufficient non-executive directors as suggested critically analyse law essay Cadbury report to bring in transparency and fairness to the company by challenging the decisions of the executive directors. The board should also comprise of Independent directors as required by the Mauritian CCG and the Higgs report in order to compensate the vacuum of inexperienced directors in the board room, critically analyse law essay.
This carelessness on part of business endeavours have led to serious consequences upon the financial health of the company, critically analyse law essay. Companies should establish ethics management programs in order to develop ethical climate within the organisation.
Companies should draft a code of ethics by taking into consideration of not overriding any legal legislations or regulations.
Moreover, companies should provide for ethical training by organising seminars or workshops to inculcate ethical values in company directors. Ethics training will help in creating awareness about corporate ethical issues, and to better tackle ethical dilemmas as and when it occurs. Hence, ethically trained directors would uphold right corporate virtues and behave ethically in the company. Toggle navigation Uni Assignment. Home Services How it works Guarantees Order Now Essay Samples FAQ Contact Sign in.
Critical Analysis Of The Mauritian Legal Law Company Business Partnership Essay 5.
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, time: 3:46Structure of a law essay
“The essay will be divided into four main sections. In section I, the essay will provide an in-depth understanding of Act. In section II, essay will examine the implementation of the act and in Section III, the essay will critic the amendment instrument and finally indicate the position in the argument in section IV.” Body Paragraph · Using case law, statute and academic commentary, critically analyse this statement in respect of the law of adverse possession and the moral arguments that surround it. Law # Assignment help # College essays # Contentious moral messages # Essayhelp # Legal systems # Statute and academic commentary Introduction: Critical analyse the protection of a patient's right to make an autonomous decision using the Torts of Negligence and Battery in medical law. Introduction: Assess the influence of the Human Rights Act on the protection of individual rights in the UK. Example Human Rights Law Essay
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