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BUSINESS LAW INTRODUCTION 3 TASK 13 P1. The role of government and the UK Laws

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Added on  2020-12-29

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The role of government in the law making process and the way statutory and common laws are applied in justice courts4 TASK 2. The various laws in UK to which company should be complied like, General Data Protection Regulation, Equality Act and Health and Safety Act. Meaning of statement “Parliament is Sovereign” and the various sources of UK Laws “Parliament is Sovereign”; the meaning of statementisthat Parliament has supreme legal authority in UK which means it can make or end any law in country.

BUSINESS LAW INTRODUCTION 3 TASK 13 P1. The role of government and the UK Laws

   Added on 2020-12-29

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BUSINESS LAW INTRODUCTION 3 TASK 13 P1. The role of government and the UK Laws_1
Table of ContentsINTRODUCTION...............................................................................................................3TASK 1...............................................................................................................................3P1. Meaning of statement “Parliament is Sovereign” and the various sources of UKLaws...............................................................................................................................3P2. The role of government in the law making process and the way statutory andcommon laws are applied in justice courts....................................................................4TASK 2...............................................................................................................................5P3. Potential implications and impact of the Health and Safety regulationsEqual Opportunities regulations and General Data Protection Regulation (GDPR)................................................................6Section 2............................................................................................................................9P4. Provide appropriate legal advice based on case law or statutes to; Champion Ltdon whether the creditors has legal powers for threatening and theprocesses for liquidation...............................................................................................9P5. Amber Ltd on the possibility of getting the injunction............................................11P6. Recommend an alternative legal solution to what is suggested in a(ii) based on adifferent legal framework. Compare and contrast the effectiveness of these solutions.......................................................................................................................................11CONCLUSION.................................................................................................................12........................................................................................................................................12REFERENCES..................................................................................................................12
BUSINESS LAW INTRODUCTION 3 TASK 13 P1. The role of government and the UK Laws_2
INTRODUCTIONBusiness law refers to legal framework under which an organisation operates. Itdeals with issue of both private and public law and provides rights and regulations inrelation to employment, hiring practices, security law, intellectual property and othermatters related to business. This report discusses about the various sources of laws inUK and the concept of parliament sovereignty. Further, discuss about the role ofgovernment in law making process and how common and statutory law is applied in thecourt. The various laws in UK to which company should be complied like, General DataProtection Regulation, Equality Act and Health and Safety Act. TASK 1P1. Meaning of statement “Parliament is Sovereign” and the various sources of UKLaws“Parliament is Sovereign”; the meaning of statement is that Parliament hassupreme legal authority in UK which means it can make or end any law in country. Thisis a principle of United Kingdom and one of the most important parts of the constitutionof United Kingdom. The parliament sovereignty has three principal aspects i.e. noparliament can be a successor or predecessor. It is a supreme body and can enact orend any law in respect of any subject matter. No person or body except any court of lawcan question about validity of the law. The constitution of United Kingdom is partlywritten and wholly uncodified which means a large part of its constitution is not in awritten form unlike other countries like USA and India. Parliament has passed many laws to limit the sovereignty of UK parliament. Theyare Human Rights Act, 1988, Entry of UK into European Union, 1973 and establishmentof High Court in the UK which ends power of Lord's function (Gordon,2015). The term sources of law refers to Constitution, Statutes and Treaty or Customthat provides authority to take any judicial decision or any legislative actions. The mainprincipal sources of UK laws are Statues, Common Law and Law from EU. Statues refers to the legislation from UK and developed parliament. The statuesare act of parliament and it is binding in nature which means that it cannot bechallenged in any English Court. The sovereign body of United Kingdom consists ofQueen whose role is purely formal and the House of Commons which is a main body3
BUSINESS LAW INTRODUCTION 3 TASK 13 P1. The role of government and the UK Laws_3
that creates legislation in the form of statues. The formation of statues started fromgreen consultative paper. Then proposals is been drafted in the form of bill beforeparliament. It codifies certain rules that are to be followed by the judges in court. Statuelaw works with common law for smoother functioning of courts and parliament (Beesleyand et. al, 2013). Common Law The effect legal precedent that is been made by the judges whoare present in court room i.e. this law is also known as judge made law or case law.Common law keeps on changing depending upon the case that arrived in courts. In thislaw, judges interpret the case by using their knowledge with regard to legal aspects,common sense and by applying the fact of previous principle or rules. English law workson the system of common law and not on the set legal statues. This law ensures that itremains common throughout the land of UK. This law was originated by the KingBenches and court of Common Pleas. Common law helps in keeping statue law up todate in order to cope up with changes and problems. It helps in creating precedents atplace when there is no statutory clarification is given. European Union It is the body of treaties, courts and law that operates with legalsystem of EU members countries. At, the time of conflict between national law andEuropean Union law. The decision authority lies within hands of European Union and itis binding to all member states. There is a European Commission that ensuresEuropean Union law is effectively applied. This law is divided into two sections which isprimary and secondary. In primary legislation, the treaties are formed which act as basefor all the actions of European Union. Whereas, directives, decision and regulations areformed from the principles and objectives of treaties in secondary legislation (Berkowitz,Lin and Ma, 2015).The members of chambers regularly advises and appear in cases concerningEuropean Union law in wide variety of context both in domestic and General court. TheBarristers members within European Union provide their particular expertise in field of;Free movement of persons and European Union citizenship,state Aid, The Charter ofFundamental Rights. 4
BUSINESS LAW INTRODUCTION 3 TASK 13 P1. The role of government and the UK Laws_4

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