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Conceptual Framework of Parliament is Sovereign

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Added on  2021-01-03

Conceptual Framework of Parliament is Sovereign

   Added on 2021-01-03

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BUSINESS LAW
Conceptual Framework of Parliament is Sovereign_1
Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
a) Conceptual framework of Parliament is sovereign and sources of law...................................1
b) Role of government in law making process............................................................................2
TASK 2............................................................................................................................................3
2. Potential implications and impact............................................................................................3
TASK 3............................................................................................................................................6
2)a) Creditors has legal powers to do what they threatening and the
processes for liquidation.............................................................................................................6
2) To analyse whether there is any possibility that Amber will be getting injunction................7
3) Recommendation based on Alternative dispute resolution ....................................................8
CONCLUSION................................................................................................................................8
..........................................................................................................................................9
REFERENCES..............................................................................................................................10
Conceptual Framework of Parliament is Sovereign_2
INTRODUCTION
Business law deals issues related with public, other organization and government. This
regulatory system handles commercial issues and takes appropriate decision to resolve such
problems. Current study will discuss conceptual framework of Parliament is sovereign.
Furthermore, it will explain role of government in law making. It will discuss responsibility of
director in respect to health and safety, equal opportunities and data protection by referring give
case scenarios. In addition, suitable legal solution will be given on the bases of given case.
TASK 1
a) Conceptual framework of Parliament is sovereign and sources of law
Parliamentary sovereignty is considered as principles of UK constitution. This principle
explains that parliament has supreme legal power of creating laws or making amendments in
existing legislation. Every year government of UK announces programmes related to laws by the
way of Queen’s speech (Kumie and et.al, 2016). In every October or November this speech is
given in parliament. It is very important for each business to follow legal guidelines of
government. If they are not following this legislation then it might create consequences of those
entities. This concept explains that parliament is the legislative body that continuously work to
improve judicial system by making effective laws. It is essential for the court to make judgement
by following this regulation; court has no power to overrule such legal norms.
However, parliamentary sovereignty is not included in act of parliament and it is part of
common law (Labatt and Forrest, 2016). This has declared that parliament has all power to pass
any bill to make any legislation. Parliamentary sovereignty has been accepted as doctrine of
constitutional law. Apart from parliament there is no body which has right to make norms or
override it. Earlier UK was the country where Queen was having supreme legislative authority
but now senior appellate has all power that means court can not declare null and void the
decision taken by parliamentary house (Parliamentary sovereignty, 2018).
Sources of law
The English law system has various sources of law such as legislation, common law and
EU law.
Legislation: There are primary and secondary two types of statutory laws, primary
delegated regulations are being created by assembly (Lieberman and et. al, 2016). Public
acts, local and personal act, privycouncil etc. are various primary regulations. On other
1
Conceptual Framework of Parliament is Sovereign_3
hand secondary legislation are subordinate laws which are generally created by primary
legislative authorities.
Common laws: It is another source of law that results from cases. In the 12th century
William has constructed Common or court system in England (Campbell and Boothby,
2016). Judges have to look upon the case and they had power to make appropriate
decision on particular case.
EU laws: These are related with civil legislation. UK is following EU laws system. This
legal system support entities in conducting their operations in smooth manner.
International court of justice is part of EU law which works to settle issues of member
states. Judges are being selected by general assembly and they have to work on this post
for nine year. European law generally deals with cases like contract or employment laws.
Statutory law: It is another type of source. Insurances, health and safety etc various
aspects are covered under this legal source (Crane and Matten, 2016).
b) Role of government in law making process
Government plays significant role in law making. Higher authorities make changes in
legislation as per the requirement. Parliament has power to make new norms and alter existing
regulations. There are many legislation have been made that applies on business. These laws
support organization in smooth functioning of operations and expanding operations in other
countries as well (Kumie and et.al, 2016). Higher authorities conduct meeting before passing any
law and debate held in parliament. On the bases of this discussion final decision is being taken in
the parliament. House of common and House of Lords have power to pass any bill and pas any
law related to any situation. If authorities are finding any issue in existing laws then they make
amendments for protecting rights of people.
Application of common law in court
Common law is considered as continuous reforming structure. Judges have to make their
decision by looking upon legal evidences that are being presented in court. In criminal cases
criminal division court takes judgement and their decision is highly depended upon intensity of
crime (Labatt and Forrest, 2016). But there are many situations when judges have to take
assistance of EU legislation in order to make fair judgement.
Application of statutory law in court
2
Conceptual Framework of Parliament is Sovereign_4

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