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Business Law INTRODUCTION 3 SECTION 13 TASK 13 A. Parliament sovereignty and common law

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Government's role in procedures of law making, common and statutes law's application in courts 4 C. Impact of contract, company andemploymentlawoverbusiness organisation 5 TASK 27 Different form of starting a new business 7 Sole trader 7 Difference between incorporated and unincorporated business7 Benefits and drawbacks of company and partnership business 8 SECTION 28 CASE 18 CASE 29 CONCLUSION 10 REFRENCES11 REFERENCES 13 INTRODUCTION Every nation's legal structure comprises laws (civil and criminal), regulations,

Business Law INTRODUCTION 3 SECTION 13 TASK 13 A. Parliament sovereignty and common law

   Added on 2021-02-20

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Table of ContentsINTRODUCTION...........................................................................................................................3SECTION 1......................................................................................................................................3TASK 1............................................................................................................................................3A. Parliament sovereignty:..........................................................................................................3Sources of laws:..........................................................................................................................3B. Government's role in procedures of law making, common and statutes law's application incourts...........................................................................................................................................4C. Impact of contract, company and employment law over business organisation....................5TASK 2............................................................................................................................................7Different form of starting a new business...................................................................................7Sole trader...................................................................................................................................7Difference between incorporated and unincorporated business..................................................7Benefits and drawbacks of company and partnership business..................................................8SECTION 2......................................................................................................................................8CASE 1............................................................................................................................................8CASE 2............................................................................................................................................9CONCLUSION..............................................................................................................................10REFRENCES.................................................................................................................................11REFERENCES..............................................................................................................................13
Business Law INTRODUCTION 3 SECTION 13 TASK 13 A. Parliament sovereignty and common law_2
INTRODUCTIONEvery nation's legal structure comprises laws (civil and criminal), regulations, authoritiesfor implementation of law parliament and the government. The laws in UK are made throughparliament and it is considered to be the main body for enacting the laws. In UK parliaments isthe supreme power over the Monarch as well for making of laws. In the present report this willbe discussed in detail. With this the roots forms which laws of UK are made is also presented. Under the legal structure of UK one branch is business laws which consist different lawsand have applicability over all companies, firm and enterprise with same intensity. In the presentreport various types of formation of business organisation is explained with differentiatingbetween incorporated and unincorporated businesses. The implication company, employment,and contract laws are defined over business organisation. The pros and cons of partnership andlimited companies are outlined. In this section two of the report for two distinct business issueslegal solutions provided with use of statue laws.SECTION 1TASK 1A. Parliament sovereignty:English legal system is one of the oldest legal structure in the world and one of itsimportant element is the doctrine of parliament sovereignty which is given under theconstitutional law. This doctrine has empowered the parliament as there are no legal limits onthe power of parliament to make, change and end laws under their UK legal system. Theprinciple of the parliamentary sovereignty that parliament has a supreme power to make any lawand further on body is recognised by the UK law to set aside or override the statutes lawenacted by the parliament (Gordon, 2015). This means that parliament is the only body inEnglish legal system to make laws and no one including parliament have a right to override thelaws enacted by it. Moreover, the act of parliaments has a power to breach the international law.The power of law making of parliament is unlimited in space and it can lay down the legislationsfor things that can be done anywhere.Sources of laws:Legislations:The legislative power of law making is vested to parliament and public authorities. Theprimary sources is act of parliament where both houses of parliament are responsible for enacting3
Business Law INTRODUCTION 3 SECTION 13 TASK 13 A. Parliament sovereignty and common law_3
laws. The secondary legislative power is vested as delegated legislation where power isempowered to public bodies by parliament to enact laws for a particular region on a specificmatter such as Equality act, 2010.Case laws:The oldest sources of law making is case laws where the decision of an earlier arerequired to be referred in future case. The ruling gets a biding effect by application of doctrine ofjudicial precedent (Craig, 2018). The judges are required to refer the judgments passed inprevious cases where the lawsuit has similar facts under a lawsuit.Law's of European Union:EU at present have 18 countries as its member states and UK is one of them. Till thefinalization of Brexit all laws of EU including EU directives and internation treaties areapplicable to UK as well such as European convention on Human rights, 1953.B. Government's role in procedures of law making, common and statutes law's application incourtsForming a law through government:To the cabinet minters a draft legislation is submitted in from of proposal for making alaw. The ministers approve it after checking is relevance and requirement and it becomes a billwhich is then presented before two houses of parliament.A bill is submitted to house of lords and house of commons in first reading which is just aformality of reading out the title of bill. In the second reading the house of lords conductdetailed discussion on each clause in the bill over their viability. A voting is also done here tosend the bill to further stages of parliamentary procedures. With majority of votes bill ispresented to house committee at committee stage where all members examine the bill in detailedand makes amendments in bill. At the report stage bill is send back to house on common forconsideration of the discussion and changes made by the committee members. Here all changesare considered and after this bill is sent to the third reading where a small debate over the bill isdone. A final voting by house of common is done for sending the bill to house of lords for furthercontinuation (Douglas, 2018). The bill is forwarded to the house of lords and it goes throughsame stages. Any changes made in bill are referred back to house of commons for consideration.This process continues till both houses reach to an agreement over clauses of bill. With this billis presented to the Queen for final approval and with this consent bill convert into a law.4
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