This presentation focuses on the role of government in law making and regulation. It explains how the government is responsible for making and implementing laws, and discusses the different sources of law. It also highlights the implications of laws on businesses and the importance of following regulations.
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INTRODUCTION There is a proper legal system which is followed in a nation. The system consists of several laws and regulations which are to be followed by business and organization. These laws are formed and implemented by government and differ from country to country. However, it is necessary for business to adhere these laws as it reflect their behavior and action. In that various policy and guidelines which has to be followed. Moreover, it is essential to monitor and regulate legal system to ensure all laws are properly executed. For that local authority are given responsibility of it. The presentation will lay emphasis on what is legal system and different sources of law. Moreover, it will describe role of government in law making and reflection on strength and weakness of it. Besides that, it will be explained on regulations business needs to follow and its implications on it.
Explanation of legal system A legal system is a framework that consists of laws and legislation which needs to be followed by people as well as business. It is a process of forming and executing of laws and regulation within a nation. This represents the government of nation and how they govern and monitor entire laws. The legal system of a country differs from one another. It depends on type of government and how they form rules and regulations. In some countries legal system is such as federal, state and then local. Besides, it includes constitution in which entire system is covered. However, the government is sole body who is responsible for making of law. Alongside it, government represents the law of country. They are having power to accept or decline legislation. Moreover, government takes decision of forming of law depending on situation. They can decide that for which state or federal law is to be formed, what type of law is suitable and many other things. Besides that, there are many local authorities and government executive who is engaged in law making.
Different sources of law There are various sources of law from which rules and regulations has to be followed. These sources are either defined by government. So, each source consists of different rules and regulations. However, all laws mentioned in them has to be followed. In UK there are 3 sources of it which are constitutional, statutory and criminal laws. It is formed by government and implied in UK. So, they are defined as below Constitutional law- it is a law that relate to Constitution. The law is kept at top priority and is formed by government. It is applicable in every state and for each individual. The law is written in different languages. It protects the rights of individual. However in context of security and concern the law protect public place, school and institutions. Here, an example can be taken is of public school prison which are of certain dress of individual which ensure its safety. Basically it allow them to understand particular right direction. The dress is specified which do not violate any right direction of self expression. It is the duty of government to ensure that Constitution law is properly followed and regulated in entire nation.
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CONT Statutory law- this is second form of law which is applicable to individual as well as private business and company. The law enact in different way.The statute is mainly written law which always enacted in the different manner. Many statutes are voted as well as written into the specific law by other government branch. It is the simplest way to determine the group of individual that are elected for purpose. Each and every state must follow the legislation and codify their criminal statues into penal bar. The statutory law is generally inferiors to other constitutional law. It means that statute never conflict with another supersede right of constitution. At that time, court plays significant role to resolve the conflict issues . If in case, it has found the invalid unconstitutional statues which automatically control to use the judicial power. Case law- it is a law which is followed by judge while taking a decision on case. While Constitution and statutory laws are formed in the court the case law originated from English common system. It was opposite of Roman law which was followed by many nations. It was written code of conduct which enacted by legislation. The law is considered as social principles of legislation which is guidelines and order issue by court is followed. Moreover, in present times the state and federal government can form and create their own case laws. This allows them to deal with criminal cases in different way by applying their own caae law.
CONT.. Common law is based on the legal precedent that original made by judges sitting in the court. Other provision which are generally applied the codified act of court but it constantly changing. Both statutory and common law applied in the court where they interpret with legislation and using the knowledge of legal precedent, common sense which applying the facts. Sometimes, common law opposed to the civil system which relies on the status and certain texts.
Critical reflection of legal system with its strength and weakness As stated above the legal system of UK is divided into three that is constitutional, statutory and criminal. This consist of different laws and regulations which are to be followed. Moreover, it differs from one another on basis of laws and areas where it is applicable. The constitutional law is applied at national level and it gives right to people as as protect it. The people has to follow those law in UK. In addition, there has been several reform done in it which has brought changes. This has made things easy to get it done in proper way. Furthermore, there is positive impact of those reforms. Along with it, statutory law is applied at state level. In this state form law and govern them. The criminal law is applicable commonly in UK. However, It is found that there are some strength and weakness of all of these which is specified below .
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CONT.. Constitutional Pros- The law is applied at Central level in UK and protect rights of individual. Cons It is not applicable on business and company Usually, it is based on European Union Statutory Pros The state laws are effective applied in UK Cons Court is not having right to interrupt and change law in state. There is no involvement of federal government as well in it Criminal Pros The case law is common and applied in UK
Regulations and standard business needs to be aware There are several laws and regulations which has to be followed by business in a country. These rules state that conduct of business is in ethical way and they adhere all types of laws. Besides that, there are many standard as well which needs to be followed. These standards include some policies. Basically, the laws vary as per nation and government. Therefore, it is necessary for business to be aware of those laws. It is because any violation of that can led to legal action against business. Hence, laws and regulations specified are described as Company act- this is the major law which is followed by business. In UK the act was formed in 2006 That sets accountability of different people in company. The people are shareholder, director, manager etc apart from it, act also protects rights of employees in a company. It ensure that particular person is responsible for his or her duty. Act reduces burden of directors and ensure that they do not leak confidential info of botb company and employee. Health and safety act- this act is related to health and safety of employees. It was formed in 1974 and state that employee needs to be provided proper health and safety environment at workplace. It sets out certain responsibility of business to ensure safety of employees. However, as per act there needs to be proper safety tools and equipment needs to be installed at workplace. Moreover, business has to train staff to follow safety measures in effective way. If there are no proper measure as stated in act then legal action is taken as per norms and guidelines mentioned in act
CONT.. Employment act- the act is formed to create a relationship between employee and employer. It is like a contract between them. In act it is stated about dutiea and roles of both employee and employer towards each other. However, it sets accountability of employer in it as it includes working time, minimum wages etc besides that, the act safeguard and protect rights of employees as it gives them power to complain against employer. Contract law- it is a law which is followed for an agreement done between both parties. It is like a contract between them regarding any exchange of product or service. Basically, it is made between a supplier or two parties. There are several elements which is to be adhered in it. Usually, terms and conditions needs to be followed by both of them in contract law. Copyright law- this law is related ot copyright of products. It contains of guidelines and policies of copyright of product. Other than this, it consists of policy of using of patent or trademarks of other business by taking permission of it. Hence, the act protect business copyright act which enables in ensuring its patent.
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Analysis of implications of law on business It is analysed that there are several laws and regulations which business needs to be aware of. These regulations protect business right and are accountable to director, employee or shareholder. However, there is a great implication of these laws on business. It is stated that following of employment act ensure that business is accountable towards employee. They provide them proper work place environment, wages etc Moreover, employee are also ensure about working in that company. Likewise, health and safety act enable business to maintain health of employees. They have to ensure that there are proper safety measures taken at workplace. Thus, it becomes responsibility of business to ensure that employee feel safe at workplace and their health and safety is ensured. So, the implication of act is that business has to regulate and monitor health measure that if they are being followed properly or not. In addition it gives right to employee to report if there are no such measure taken. In similar way, contract act also protects rights of both parties in terms of contract made. This means there has to be five elements present in contract act. It monitor entire process of contract that is made. Henceforth, copyright act allows business to protect and secure their patent in legal way. Also, it gives right to them to take legal action if copyright law is not followed by other business. There are certain terms and conditions which needs to be adhered by them.
CONCLUSION From presentation it is summarized that business law are those rules and regulations which is formed to govern and regulate business. The sources of law are case, statutory and Constitution. These all are applied in different way. Also, government plays crucial role in making of law. They take decision to pass law in Parliament. Besides that, they regulate and govern laws in country. There are many regulations and standard business needs to follow like employment act, contract law, health and safety act etc it highly affect on business in negative way if not followed. Also, there are different types ofbusiness like partnership, company etc they are funded in various ways such as bank loan, financial institutions
REFERENCES Books and journals Spiller, K. and Whiting, A., 2019. UK Experience of Freedom of Information as a Method of Enquiry. Sukumar, A., Jafari-Sadeghi, V., Garcia-Perez, A. and Dutta, D.K., 2020. The potential link between corporate innovations and corporate competitiveness: evidence from IT firms in the UK.Journal of Knowledge Management. Emmett, C. and Burrell, C., 2019. Mental Health Laws from all UK Jurisdictions. Blanco, E., 2020. Global private international law. Adjudication without frontiers. Edited by Horatia Muir Watt, Lucia Bizikova, Agatha Brandao de Oliveira and Diego P. Fernandez Arroyo. Edward Elgar Publishing 2019 (Cheltenham UK & Northampton, MA, USA) Book Review. Biermeyer, T. and Meyer, M., 2019. Do UK companies make use of corporate mobility instruments to ‘escape’Brexit?. Osier, M., 2020. Discussion Report–UK and EU Company Law After Brexit.European Company and Financial Law Review, 17(2), pp.200-204.
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CONT.. Collins, L., Seaman, C. and Stepek, M., 2019. Teaching family business: The case for a paradigm shift in UK business schools.Journal of Higher Education Policy and Management. Zouridakis, G., 2019.Shareholder Protection Reconsidered: Derivative Action in the UK, Germany and Greece. Routledge. Kotera, Y., Conway, E. and Van Gordon, W., 2019. Mental health of UK university business students: Relationship with shame, motivation and self-compassion.Journal of Education for Business, 94(1), pp.11-20. Knapp, V., 2020. UK and EU Company Law after Brexit.European Company and Financial Law Review, 17(2), pp.184-199. Gillies, L., 2020. Appropriate adjustments post Brexit: residual jurisdiction and forum non conveniens in UK courts.Journal of Business Law, 2020(3), pp.161-183.
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Role of government in law making In every nation government plays a crucial role in law making. They are also responsible for its monitoring and regulation as well. However, the government is sole body who is responsible for making of law. Alongside it, government represents the law of country. They are having power to accept or decline legislation.Moreover, government takes decision of forming of law depending on situation. They can decide that for which state or federal law is to be formed, what type of law is suitable and many other things. Besides that, there are many local authorities and government executive who is engaged in law making. They coordinate with state and support in law making. Apart from it, role of government in law making depends on type of legal system. Furthermore it is analysed that by discussing with parliamentary committee government make law. The Legal draft is prepared and then it is presented into parliament for discussion. Then representative of government pass that law.