Business Law: Classifications, Sources, and UK Law Making Process

This report covers the classifications and sources of business law in the UK, including the role of courts, case law, legislation, and delegated legislation. It also discusses the statutory duties of employers and wrongful and unfair dismissal actions. The report provides an overview of the UK law making process and its stages. The report is based on the assessment 1 of BMP4002 Business Law.

BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 2
Part 1: Classifications of Law p-p
Define laws and identify the respective legal systems in the UK
p
Explanation with examples the following as means of classification
of laws in the English Legal system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal
system p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanation of Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
The unique legal system of UK deals with range of protection that is available to the
citizens to secure their rights and interest in the country. Law is made to govern, supervise
and monitor the human behavior and are binding upon its citizens. The primary and
secondary source of law plays significant role in the growth of English legal system. It
includes rules, Acts, statute, standards and legal principles which is made to maintain law and
order in the society. Business law is governed by the comprehensive legislation of company
law, employment law, contract law etc. It promotes various business activities which
increases the production level of the country and enhance their economic growth around the
globe (Al-Haidar, 2018). It administers the conduct of the employees and employers, and
create positive environment where each members can contribute their efforts towards the
success of the organization. This report will analyze the classification of law and role of
enforcement body in enforcing the right of the citizens. Further, it will cover the right of
employees including procedure related to their dismissal.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK.
Law is enacted legislation, rules and legal principle which is made to govern the society
through its enforcement. The emergence of legislation in UK legal system take place from the
customs, tradition, usage from long practices and gives them a legal identity which have
binding nature. There is no specific definition of law under any statue but recognized by
many scholars and jurist. The controlling authority enforces the law in the society and failure
to comply with such legal obligation may create legal liability over the wrongdoer. Law is
made to maintain law and order in the society and bring peace in the country. It provides
safety and security against the body, property and person so that no one can violate their
fundamental and legal rights.
According to legal philosopher, John Austin defines law as a combine set of regulation and
legal principles which distinct between good or bad occurrences of events . His legal theory is
based on analytical approach which is important for the systematic governance of society.
However, governing authority such as government are responsible for establishing effective
legal system in the country in order to improve functioning of an organization and institutions
(Ambos, 2018). It equalize the social, economic and political welfare of the citizens. The role
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of judiciary is magnificent in securing the right to access justice of the people through which
their right remains secured and protected. The common law system of UK is based on the
principle of equity which provides fair, just and equal treatment to its individual.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
It covers disputes which take place between two individuals. The civil law is taken from the
Latin term jus civile and are applicable on the citizens of the Roman country. It is right in
personam that affects the private individuals who are party to the contract and legally binding
to enforce their rights towards each other. Any breach of obligation is entitled the party to
claim compensation and damages for the monetary loss they has suffered. It deals with
codified legislation which provides comprehensive statutory framework to govern all the
matters that affects the right of the individual. The UK civil law system is inspired from the
American legal system and have some traces of their legal traditions.
b) Criminal Law:
Any act or omission committed by the individual may arise legal liability on them. Criminal
law governs the offenses that are committed against the society and affect the public at large.
The statutory framework has been developed to protect the society from threat and illegal
activities that may affect the right to life and human right of the individual. It is important for
the government to provide safe and healthy environment to its citizens where they can live
freely with out any danger and harm (Biviano and Saxton, 2020). The Crown prosecution
Services is the authority responsible for bringing legal proceeding in the court and provide
legal remedy to the victim. Criminal law provides strict penalty to the offender so that they
will not commit the same offenses again in the future. The sources of criminal law is the
judge made law which is developed by the court in various cases. There are various
International Convention such as Universal declaration of Human right, ICCPR, ICESCR etc.
which specifically deals with moral, legal and human right of the individual and the purpose
of criminal law is to enforce such legislation for the protection of their citizens.
Explanation of the role of the following Courts in the English Legal
system
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a) High Court:
It is termed to be as the third highest court in the United Kingdom. All type of the
civil matters along with the decisions from which appeal has been made from the
lower courts are heard by the H.C It is mainly settled at Royal court of justice in the U
, however it has its different registries extended all around the Wales and the England
as well. It is a general rule that all the matters are to be decided by the single judge ,
but there are matters which are criminal in nature or ,any appeals or in fact any juridic
review proceedings in which there is a definite probability that they will be assign to
the bench of two or more than two judges . In the united Kingdom there is a doctrine
called as “doctrine of Precedent” which is followed by the court as , it comprise of all
the judgments given by the courts higher than it . It is mainly part into three -
A. Queen's Bench Division- near about 70 presiding judges are present to hear the
matter mostly over the contract and Tort . Sometimes they also perceive the
applications for the matters such as Judicial Review , they move all around the country
to resolve urgent hearing matters (Cupido, 2019). It further includes courts such as -
Commercial court, Technology, and construction court , Mercantile court , admiralty
court , Administrative, Planning court .
B. Commercial Court – all the matters which involves the matters of domestic as
well as the global enterprises conflicts . The expected matters from it are of
indemnity, finance, arbitration etc.
c.Technology and Construction Court - the judges deals with the matters which are
specifically of United kingdom's including the global construction , technology, and
conflicts . The cases of the misconduct and the vocation neglect , environmental
conflicts can also resolved in this court . 1998 was the year which this court got
established with replacement of the Official referee's court.
d. Mercantile court – all the Business conflicts whether petty or complex will be
decided by this court of law .
Chancery Division-
This division of court consists of 18 judges including the chancellor of the H.C .
Circuit judges and district judges are also the part of the chancery Division .
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There are several other courts such as – patent court, Intellectual Property Enterprise Court,
Family division which are prevalent in UK.
(b) Supreme Court:
It is termed as the highest court of the United Kingdom. This court hears all the matters
which are of the highly public importance, and the criminal matters for the side of England,
Wales and Northern Ireland . The court sits in the Middlesex Guildhall, Parliament Square,
London, the constitution of the SC is done by when there is a nomination by the sovereign or
Monarch but only on the proposal of the Prime Minister which further needs the
recommended approval only by the Lord chancellor. The very first matter heard by the
supreme Court was the HM Treasury v Ahmed,which is incidental to the concept of the
separation of powers.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case Law is a judicial precedent which is termed to be as one of the sources of the law. There
is a well known principle of law specifically known as “doctrine of stare decisis”, followed
by the Supreme Court which means that, the court has to imply and follow the laws which
has been decided by the superior courts antecedently (Rogge and McGinley, 2022). It also
covers the law reports which are published and provides all the judgments as well as the
secondary information with regard to the law . It is not always the situation where a law
which has been passed previously will be followed in the matter present before the court as ,
it is the attorney which has to find out all the loop holes in order to support his case .
Explanation of the process of making Legislation
In the United Kingdom , the supreme authority which has the power for passing or making
the laws is the Parliament. The UK has the parliamentary form of governance. There are two
type of houses which plays major role in the passing of the statutes or the laws such as – 1.
House of Commons , 2. House of Lords. Furthermore, these houses look after towards the
process of the passing of the bills, and can made adequate changes ,whenever there is need
but with the vote of the two third of the majority. In the end there is need of the royal assent
from the queen for the passing of the bill. There are certain stages for the passing of the laws
such as -
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1. In the first stage only the name and the bill is advised before the houses.
2. In the second stage , there will be a proper examination of the bill, and rectification od
any errors which is required.
3. In the Third stage there comes the voting part where the alteration or changes will be
decided on the basis of the balloting.
4. In fourth stage once again voting process will continue in order to find out the errors.
5. In the fifth stage voting will decide whether there will any amendments possible or
not.
6. In sixth stage any changes if made , will be send to the house of the common for the
verification, then it will again send to the another house in order to discover any
mistake in it. This process will continue until there is some mutual consent to the bill.
7. In the End , if there is no alteration or changes made to the bill , it can finally send to
the Queen of the UK for the Royal Assent.
The meaning and examples of Delegated Legislation
The delegated legislation got established by the ministry of the governance it means that
passing or distribution of power to the other. for instance the parliament can delegate its
powers to the government in making the policies for the welfare of the society .
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
There is an Employment Act of 1996 which got enacted for taking care of the employer and
employee relationship (Sivani, 2019). Both of them have some roles and duties towards the
employment . However as far as the statutory duties of the employer is concerned,then there
are as under. 1. 1. To provide a healthy employment environment to the employee
2.To eliminate any type of unfairness or discrimination towards the employee.
3.To provide the Minimum Wages to the employee.
4.To imply all the sick , maternity , paternity leave to the employees.
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5.To keep the pensioner provisions in the office premises .
Europen Law - As of now united Kingdom does not comes with in the EU but however,
when the municipal laws reaches to a failure the EU law can be implemented.
Wrongful Dismissal and Unfair Dismissal Actions
The concept of the wrongful dismissal is different from the unfair dismissal Actions with in
the employment . When there is some sort of breach of the agreement or any kind of failure
to give the prior notice to the employer before leaving the business premises by the employee
can be an instance of the wrongful dismissal. Every employee needs to prove that he has
been discharged but not as per the adequate statutory minimum notice period of time, and
because of that the employee has been incurred a huge loss . Also there is a tribunal which
can resolve these matters but the employee has to file the matter with in the time period of
three months for the compensation (Doherty, 2018). Whereas , unfair dismissal means the
termination of an employee on the basis of any kind of the discrimination whether is on the
basis of caste , sex , race etc.
Conclusion
It has been concluded that the above report have been bifurcated into three part wherein part
first covers all the classifications of Law which is further subdivided into the towards the
laws in the English Legal system as well as the processing of the English courts in the United
Kingdom, that includes the High Court and the Supreme Court as well . Furthermore, part
second covers the sources of law wherein , there is a discussion about the case law as a source
of law , legislation process, and delegated legislation. In The end the there is part third which
contemplates about the law making process in the United Kingdom, mainly deals with the
employment law , along with the wrongful Dismissal and Unfair Dismissal Action within the
employment.
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REFERENCES
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