(Solved) Business Law in UK Assignment
Added on 2020-04-15
12 Pages2784 Words46 Views
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BLA2ContentsTask 1...............................................................................................................................................3Q.1...............................................................................................................................................3Q.2...............................................................................................................................................3Q.3...............................................................................................................................................4Q.4...............................................................................................................................................5Q.5...............................................................................................................................................5Task 2...............................................................................................................................................6(a).................................................................................................................................................6(b).................................................................................................................................................7(c).................................................................................................................................................8(d).................................................................................................................................................9References......................................................................................................................................10
BLA3Task 1Q.1. In UK, the principal source of law includes the statutes, which are the legislations or the acts of the parliament; the common law, which are the laws which have been made through the principles which have been established in the cases over time; and the laws of the European Union, in context of the treaties and the directives issued (In Brief, 2017). The secondary sourcesof laws are the commentaries which are referred to and include law journals, legal encyclopaedia, textbooks, and parliamentary and non parliamentary documents (SOAS, 2017). Q.2. The laws in UK are passed by the Parliament, which are the result of the proposals made by the government. These proposals are aimed at addressing a particular issue or shaping the society. The agenda of the government is informed by the general election. Upon being a part of the government, the political parties bring the events to the attention of the minister. And based on the consideration of different factors, the laws are formed (UK Parliament, 2017). As has been stated earlier, the common law and the statutory laws are the two sources of law in the nation. The statutory laws are originated from the Parliament, thus the government contributes in their making. An example of statutory law is the Employment Rights Act, 1996, where the act is divided into chapters, and each chapter has its own provisions. It is formed through a consultative or a green paper, followed by draft proposals or the white paper, and before becoming the act, it remains a bill, and this transition from bill to act is made through the
BLA4Royal Assent (In Brief, 2017). The statutory laws are applied by the courts based on the principleof statutory interpretation.The common laws are the cases which are used as the law owing to the judicial decision making. A judgement of the case covers its factual description, the legal position, i.e., the ratio and the decision. This ratio becomes the binding precent for such courts which are below the hierarchical level of courts of England and Wales. However, the system does have flexibility in context of the ability of overruling the judgment of a lower court, or distinguishing one case from another. Thus, on the basis of the analysis of the entire case, the common law is applied in the courts (In Brief, 2017). Q.3.The legal system of the nation is quite a comprehensive and detailed one, where every aspect of it is detailed from the formation of an act, to its amendments or its end through being repealed. The amendments or the repealing of acts is done owing to the reforms and developments in the particular area of the act or in the changed judgments. Changes are also anticipated in the present context owing to Brexit. Once the terms of the same are confirmed, the laws of the EU would no longer be applicable in UK. This would also help in giving away with the problems which are often faced in the nation due to clash between the EU norms and the norms of the nation, and in the issue of parliamentary sovereignty. A leading example of the changes reforms leading to changes in the part of the legal system of the nation, i.e., in the act was the amalgamation of the different anti-discriminatory acts of UK in a single legislation, i.e., the Equality Act, 2010 (Elliot & Quinn, 2017).
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