Business Law: An Analysis of the English Legal System and its Impact on Organizations

Business Law

Contents
Introduction................................................................................................................................3
LO1 & LO2................................................................................................................................4
P1............................................................................................................................................4
P2............................................................................................................................................6
M1..........................................................................................................................................7
P3............................................................................................................................................8
M2........................................................................................................................................10
D1.........................................................................................................................................11
LO 3 & LO 4............................................................................................................................12
P4..........................................................................................................................................12
P5..........................................................................................................................................14
M3........................................................................................................................................15
P6..........................................................................................................................................16
M4........................................................................................................................................17
D2.........................................................................................................................................18
Conclusion................................................................................................................................19
References................................................................................................................................20

Introduction
This report contains a deep analysis of the English legal system and sources and factors from
which such system is formulated. This legal system is a wide legal system which is controlled
by the Supreme Court. The laws or norms applicable under such legal system are developed
by considering various sources and the main source of which is common law. There are
various under this legal system which an organisation is liable to comply with, otherwise,
such organisation have to face legal consequences. For explaining the effect of the law on the
organisation, Gilpin Hotel & Lake House is selected this report defines the role of the
personnel related to the legal system.

LO1 & LO2
P1
a. What form does your constitution take?
The most of the countries have written constitution but when taken the constitution of the UK
then it is in unwritten form. Herein in the case of UK system the laws and the principles laid
are not codified. The unwritten form of the constitution consists of the royal sanctions,
treaties, common law and various other conventions which are forced by the Parliament. The
form of the constitution is also unitary and which comprises of the Wales, England, Scotland
and Northern Ireland (Partington, 2016).
Herein the constitution which is followed in the Gilpin Hotel & Lake House is also in a
unitary manner.
b. What system of governance is provided for?
The parliamentary form of the governance is followed in the working of the UK constitution.
It basically consists of the Head of State and the Structure. The head of the state in the UK
functioning is the monarch. Its certain powers are provided by the Royal Preogative.
The structure is also followed in is governance process which covers the House of Commons
and House of Lords. The functioning of these houses involves the system which consists of
the parliamentary readings before the approval of the bill.
c. Does the constitution provide for a separation of powers?
In the United Kingdom, the constitution basically consists of the separation of the powers in
three forms which are executive, legislature and judiciary. The functioning performed by the
executive is related to the formulation and the implementation of the policies. The structuring
of the legislature consists of the bodies such as both the House of Commons, House of Lords.
The same process is followed in the functioning of the Gilpin Hotel & Lake House (Wilson,
et. al., 2014).
d. What is the general legislative process?
The legislative process consists of a certain process which is required to be followed in the
formulation of the laws. The first reading is involved wherein the bill is read and published.
In the second reading discussion regarding the general principles are used in the formulation.
The committee stage consists of the variations which are required to be followed. The third
reading is considered as a final stage. After this, the bill is approved by the House of Lords
and the Royal Assent.
e. Is there a doctrine by which the judiciary can review legislative and executive
actions?

The judiciary has the powers to review the legislative and the executive actions in certain
cases. The grounds used in the judicial review covers factors such as illegality,
unreasonableness, procedural impropriety, legitimate actions. In the case of CCSU v Minister
of Civil Services [1983], it was held by the court that the exercise of prerogative powers is
under the scope of judicial review.

P2
a) To what extent do international sources of law apply?
The international sources of the laws help the company to formulate their legal proceedings
effectively. The international sources of the law consist of the conventions or the treaties.
These are the written instruments wherein the participants agree to bind to the certain
terminologies or the procedures. The treaties may take the form of both the bilateral and
multilateral form.
b) What is the general court structure and hierarchy?
The structure and the specific hierarchy are followed in the functioning of the UK. In this, the
Supreme Court is considered to be the highest authority which is responsible for the solution
of the cases. The Court of Appeal is involved in the hierarchy which provides the discussion
on both the criminal and the civil cases. The High court involved in the hierarchy basically
operates with its three divisions. The Crown and Magistrate Court is also involved to
formulate the solution of the cases of the related nature (Hierarchy, 2018).
In the case of Gilpin Hotel & Lake House if there are involved the cases related to the
disputes then the parties can avail the option to solve the cases with this form of hierarchy.
c) To what extent are lower courts bound by the decisions of higher courts?
The decisions which are provided in the higher courts are used by the lower court involved in
the hierarchy when the cases and its facts are of similar nature. If the same facts and the
problems are involved then this leads to formulate the same process. But if the lower courts
have the reasons which justify that the decision provided in the higher court is not correct
then in such cases such decisions can be overruled. It is also used in such matters wherein the
decision is overruled by the other party involved in the resolution of the dispute.
d) Are there specialist courts for certain legal areas?
Specialist courts are the one which is specialised in the certain other areas. The Coroners
Court is considered to be the one which is responsible to solve the cases which are solved on
the urgent basis. The investigations in these cases are of such nature which is required to be
formulated instantly.
e) Are other quasi-legal authorities commonly used?
The quasi-legal authorities help in the Gilpin Hotel & Lake House to solve in the cases which
generally involve some kind of the dispute. These are related to the tribunals and the
ombudsmen. The tribunals are such body which helps in the effective administration of the
justice and the law formulation. The solution of the cases with this form of the body consists
of the cases which involve fewer complications and the issues. In this form, the cases are
easily resolved (Parisi, 2017).