English Legal System and Sources of Laws : Assignment
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Added on 2020-07-23
English Legal System and Sources of Laws : Assignment
Added on 2020-07-23
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Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P1 Structure of English legal system and different sources of laws............................................1P2 Role of government in establishment of law..........................................................................3TASK 2............................................................................................................................................4P3 (a) Employer's legal obligation...............................................................................................4(b) Employment and contract law................................................................................................6TASK 3............................................................................................................................................7P4 Appropriate legal solution......................................................................................................7P5 Justification of solutions.........................................................................................................8TASK 4............................................................................................................................................9P6 (a) Concept and benefits of Alternative Dispute Resolution Process.....................................9(b) Appropriate legal solutions..................................................................................................10CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................12
INTRODUCTION Law is an essential for society that provides rules by which businesses and people areinteract with each other’s. This rules affects to almost each and every function of business. Theterm ‘law’ is generally associated with rules and regulation which are governed by parliaments.In simple word law means, “a rule which can be enforced by courts”. Law is categorised intoseveral ways which protect people from performing any illegal activities (Ali, 2011). In presentreport, different sources of laws have been explained. Along with this, there are many acts whichhas to be applied by organisation such as; Working Time Regulations 1998, Equality Act 2010and many more. Moreover, role of government is explained in law-making process. Apart fromthis, employer’s legal obligations have also discussed and case laws. Furthermore, concept andadvantage of alternative dispute resolution process is discussed.TASK 1P1 Structure of English legal system and different sources of lawsEnglish Legal system governing in England and Wales which comprising criminal andcivil law. As this law does not have any formal codification and these are made by judges whoare sitting in courts. The decision which is given by supreme court of UK, is binding on everyother court of this country. Sources of law means, binding of rules in governing the humanconduct. Law derives validity about decision which is given by court for the benefit of people.The legal principles signify effective statement which is binding by parliament. These sources oflaw may be national, regional, international or religious level. The following are differentsources of law;Legislation and case law – Legislation are prime source of law and declaration of legalrules which are made by competent authority. They can have many purpose such as; to providefunds, authorise, grant, regulate or to declare any decision (Cai and Liu, 2011). There are twotype of legislation i.e. primary and secondary. In primary, act of parliament is also called asstatues. It is considered as most important sources of law. Whereas, secondary legislation is alsoknown as delegated. In this, power has been delegated to local authorities and public bodies tomake laws and regulations for some specific purpose. There are some functions which areincluded in act of parliament i.e. law reform, consolidation, codification, revenue collection. 1
Case law – In this, decisions or judgements are given by higher courts which alsointerpreting the gist of law. These decisions are binding on all inferior courts, sometimes onsame level of court also. The judgement is giving on the basis of existing rules which are madeby parliaments. In this, it includes both case and criminal laws. As in criminal law, there are twoparties’ i.e. plaintiff and defendant. In this cases, defendant have to prove that they have notcommitted any serious offence. But in civil case, plaintiff have to prove that offence has beenmade by defendant. EU legislations – In 1973, UK had joined European Union and on this date they acceptall obligations which are implemented throughout country. These obligations have to be fulfil byall country of one member (EU) under one treaty. This legislation has become part of Englishlaw and it overrides all laws which are made by others. If any conflicts have been arisingbetween EU and English law, then always EU law will prevail.Custom – This law consists as oldest form of English rule and it foundation of commonlaw. Customs are habits or behaviour which are observed by society (Cane, 2011). This law isapplying to whole country which also includes local areas. The following are also some laws which has to be applied by organisation.Working Time regulations 1998 – This regulation govern the time that people work inUK. These regulations are applied to all employers and employees and also stipulates minimumtime breaks. As there is a default rule which is set that no worker will work more than 48 hoursper week. Case law, Lyons v Mitie Security Ltd [2010] IRLP 288. The judgement of court heldthat the notice period for holidays which were not given by workers may lose their annual paidleave entitlement.Equality act 2010 – This act legally protects rights of people from discrimination whichare done in workplace or in wider society. This act was replaced by anti-discrimination law. Inthis provision, it provides basic frameworks to protect people against discrimination. Pension Act 2008 – This act brings a change in duties of workers. In this act, workershave to opt out an occupational pension plan of their employer in organisation (Lack andBogacz, 2012). it aims is to encourage greater private savings of both employer and employeesduring their life.Employment right act 1996 – This act is designed to balance the expectation of job ofworker in organisation. Exactly, employment right of employees will depend upon kind of job2
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