Parliament is Sovereign and the Sources of Law

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1 ...........................................................................................................................................1
A) Parliament is Sovereign and the Sources of Law..............................................................1
B) Role of Government in law-making and application of the Statutory and Common Laws in
Justice Courts..........................................................................................................................3
C) Defining impact that company law, employment laws and contract law have on the
business of a company using specific examples.....................................................................5
TASK 2............................................................................................................................................7
Various types of business organisations.................................................................................7
Difference between incorporated and unincorporated business organization on basis of their
management and funding:......................................................................................................9
TASK 3..........................................................................................................................................10
CASE 1.................................................................................................................................10
CASE 2.................................................................................................................................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
Each firm has to follow some legal guidelines that are set by government in order to manage
their business successfully. Some laws are such as: employment, equality, contract law, company
law, health and safety law and so on. The report has brief discussion on the sources of law and
application of statutory and common law on justice in courts of The United Kingdom and
parliament sovereignty in UK.. There is presentation of variation in between the legislation,
standard and regulation over the organisation. Different types of organisation and its advantages
and disadvantages are explained in this study. And explanation of difference between
incorporated and unincorporated organisation. Report summarises the business concern issues
legal solutions is given with the use of statute laws and case laws wherever application to resolve
the problem effectively(Beatty, Samuelson and Abril, 2018). Study will give legal solution of
give cases. Furthermore, it will explain alternative dispute resolution method.
TASK 1
A) Parliament is Sovereign and the Sources of Law
Sovereignty can be defined as rights of governing body, these authorities make all the
decisions and no one can interfere in their judgements. Sovereignty of a parliament is a
fundamental principle which is applied across the world. The parliament of UK has limitless law
making powers. The monarch does not have the authority to make unilateral laws and also the
courts do not have the power of overriding laws. Only parliament possess the power to create,
alter and to eliminate any law. In UK all the power of making the laws is vested with the
parliament. Sovereignty of parliament could be explained using four tenets.
 Parliament vests with full authority to make laws and statutes.
 Courts does not have the authority of invalidating any statute made by the parliament.
 Parliament do not pass any law that the upcoming parliaments cannot cancel or alter.
 Laws made by the prior parliaments dot have any bounding on the current parliament.
Parliament balance itself by stating that the laws cannot be absolute.
Sources of UK laws
Act of Parliament
Act of parliament in UK is the supreme legislation that United Kingdom's Parliament has
passed. Because of the assertion of the sovereignty of UK's parliamentary and the Glorious
Revolution, any law made by the act of parliament cannot be changed overruled by any statutory

body except the parliament itself as it is the primary law. It is further clarified that any law or or
the part of the law made by the act of parliament that are in conflict with the European Union can
be revoked. Enforceability of the Act of Parliament is in four constituent countries of UK which
are England, Wales, Scotland and North Ireland. It is the main source where the laws and statutes
are framed in parliament. Bill has to get approval from both the parliamentary houses and after
that final approval from the queen of England(Cameron, 2017). Compliance of law is
compulsory in the whole country with the equal level of understanding.
Delegated Legislation
In a system of parliamentary government there are two types of laws first is the primary
legislation and the second one is the Secondary legislation known as Delegated Legislation as it
is delegated with the extra powers to make laws. It is also known as the subordinate as it possess
other laws and acts that are not made by the parliament. Delegation of power to ministers by
legislative government branch to frame secondary legislation. Secondary legislation covers
regulations, directives and the decisions which are taken by the councils and commissions UK
parliamentary generally has the provision of allowing secondary legislation. In delegated
legislation other government bodies are allowed to make changes if it becomes essential. In brief
over here the power is delegated to the public bodes and the local authorities to make laws for
particular issue in a defined region. Applicability of the law is restricted to the region or the
community for which it is framed.
Case Laws
The other legal source of law is the case laws also recognised as doctrine of judicial
precedents which is framed on a Latin principle of standing upon decisions. Judges of the courts
have to abide by the prior decisions of the superior courts. House of lords is not bounded by the
prior decisions taken by itself or the other court where as the Court of Appeal has to follow all
the prior decisions of the Supreme Court. In brief all the previous decisions taken by the judges
are considered back for making any current judgement. Previous judgements are binding on the
courts except the supreme court(Yu, 2018).
European Union Law
Since 40 years of membership, UK is complying with the laws made by European Union.
As per treaty any law made by the EU has to be followed by its member nations as it
automatically becomes applicable to them. The laws are to be implemented at the national level