Business Law (Justice system) : Assignment

Added on - 06 Jun 2020

  • 11

    pages

  • 3603

    words

  • 7

    views

  • 0

    downloads

Showing pages 1 to 4 of 11 pages
Business Law (Justice system)
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1P 1...................................................................................................................................................1Sources of laws...........................................................................................................................1P 2....................................................................................................................................................2Role of government in making laws...........................................................................................2M 1...................................................................................................................................................3Evaluation of the effectiveness of legal system..........................................................................3D 1....................................................................................................................................................4Critical evaluation of the legal system........................................................................................4CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
INTRODUCTIONBusiness law also termed as company law consists of all the rules and regulations, thecompany has to follow in order to form or run any kind of business. In UK, all the laws areformed under Companies Act 2006 (Business Law, 2017). This assignment deals with varioussources like human rights and court of justice which the firm have to comply with. Further, itwill show the role of government in making those laws and the effectiveness of these in terms ofthe development of legal system.P 1Sources of lawsSources of laws can also be referred as the origin from which these are being made. InUK, the laws are created in four different ways namely Case or common law, legislation, humanrights law and EU law.Common lawThese are made by the judges so that all the companies have to follow the same kind oflaws without being biased. These are the base of the legal system in UK. The aim was to create acommon system throughout the entire land so that it will cover all the circumstances. This willmake the statute non-specific and all the clarification given by the companies needs to be appliedall the scenarios in front of the court (Campbell, 2015). If the organisation wants to operate theselaws, they have to create or organise a hierarchy and operate as per the rules. The decision of thehigher court will be the final one, which cannot be changed.Human rights lawsThe act 1972 of European communities was passed, so that it will be recognised as thesource of British laws. The human right act 1998 became domestic, so that they are able toincorporate the conventions of Europe in context with human rights. Higher courts are liable todeclare the statute incompatible with the act of human resource act (Collison and et.al., 2014). Inthe situation of incompatibility, parliament can be forced to make changes in this law or repeal it.This particular act of parliament will act as a cushion and it will provide a remedy to thedomestic law of UK in case of breaching of convention rights.European Union lawThis will work along with the domestic law. The government of UK has signed up underthe European communities Act 1972, and agreeing on the terms and conditions of EU. This is1
another source which will reduce the decision-making process of local or domestic law. This isbased on two treaties (Coulter and Hancké, 2016). One is Treaty of European Union and thesecond is Treaty on the functioning of European Union.LegislationsThis is the chief source of any law. This will consist with the declaration with of all thelegal rules and regulations by a competent authority. In UK, these legislations will be consistingof statutory instruments, Bye laws and order of councils. It can be considered that parliament ofUK is the supreme authority of law making having the exception of EU laws. All the legislationscreated by the parliament will start in the form of bill (Cantwell, Dunning and Lundan, 2015).These are of two types, public bills and private bills. Public bills are brought up by the MPs ofthe current government and it will be having direct impact on the public. This will also includethe government bills in context of legislative initiative. This will be submitted to the parliamentfor approval and after that only it will be declared as a law.Private bills are bought up by the MPs which are not associated with the government.They are prompted by such organisations who want certain kind of specific power. This kind ofbills will go through various stages like first and second readings (Tombs and Whyte, 2013). Itwill be followed by the committee amendments and final stage will be through royal assent. Ifthe bill passes through all the steps, it will be declared as law. There are five types of bills takenfrom the parliament of UK, they are Government bills, Committee bills, member bills, privatebills and Hybrid bills.Pros and Cons of lawThe advantage is that the common laws can be made quickly by the judge. Therefore, itwill be possible for the judge to take all the consideration into account. Another advantage is thatit will allow different people to apply for the compensation while facing any new situation. Bythese sources thousands of cases can be analysed and read. The disadvantage is that these sourcesare not stated clearly means that the structure is not managed. It can also be possible that Judgecan make wrong decisions which will reverse the decision.P 2Role of government in making lawsThe government is having three core functions, one is to represent the interest of citizens,second is to pass the laws and third one is to monitor the actions made by the companies. In the2
desklib-logo
You’re reading a preview
card-image

To View Complete Document

Become a Desklib Library Member.
Subscribe to our plans

Download This Document