English Law Legal System Assignment
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Added on 2020-12-09
English Law Legal System Assignment
Added on 2020-12-09
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Business Law
Table of ContentsINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1TASK 1............................................................................................................................................1a) Discus the meaning of this statement and the various sources of UK Laws .........................1Role of government in law making process and Application of statutory and common law inthe justice courts..........................................................................................................................2TASK 1............................................................................................................................................4Health and Safety regulations ....................................................................................................4Equal Opportunities regulations..................................................................................................5General Data Protection Regulation............................................................................................6SECTION 2. ....................................................................................................................................7Legal powers of Creditors and the processes for liquidation.....................................................7A) ii Amber Ltd on the possibility of getting the injunction. .....................................................8B) Recommend an alternative legal solutions and effectiveness of these solutions...................9CONCLUSION .............................................................................................................................11REFERENCES..............................................................................................................................12
INTRODUCTIONBusiness law is the body of legislation which governs businesses and commerce. Itdictates how to form and run a particular business by guiding companies on how to start, buy,manage or sell any type of businesses. They are important laws which establish the rules that allbusinesses should follow. This report discuss about the nature of legal system like Statutory,Common and European Union law. The legislation that governs activities at workplace and theirimpact on businesses. Further, it discusses about legal solution that can be provided in differentcases in order to prevent legal proceedings over company and get innovative solution to resolvethe dispute without going to any trial. SECTION 1.TASK 1a) Discus the meaning of this statement and the various sources of UK Laws “Parliamentary Sovereignty” is basically a principle of the united kingdom(UK)constitution(Gordon, 2015). This makes parliament of UK the supreme legal authority in thatstate. This parliament can create or end any law. People have misunderstood UK law by sayingthat they have “unwritten constitution” but that's not strictly true. In this law the court cannotoverrule its legislation and no parliament can press law that future parliaments cannot change.Parliamentary sovereignty is the most importance part of UK constitution. Also, large part of thisconstitution is written down and much of its law are known as stature law. UK constitution isdescribed as 'partly written and wholly uncodified'(it means that the UK does not have single,written constitution.). This law has developed more over the years, they have put some limits tothe application of parliamentary sovereignty. Therefore, the law also reflects politicaldevelopment both within and outside UK. They are as following The delegation of power to local bodies like the Scottish parliament and Welsh assemblyThe human right act 1998constitution of UK made possible to the European entry in 1973They decided to establish the UK supreme court in 2009, this ended the house of Lordfunction and as final court appeal in UK. This development are not fully descries according to parliamentary sovereignty principle. Theparliament could make changes in law and can implement these changes. 1
The various sources of UK law are the origin of laws and helps in binding rules by whichany state can govern their territory(Wallace and et.al. 2014). The main sources of UK law are (1)statutes law (2) common law (3) law from the EU. Statutes law: This law is a written law made by parliament the decisions are taken on the basicsof courts and other country's written constitution. Therefore, before making those laws debatesare conducted within the house of parliament whether that act should exist or not. The rulesmade under this law represent the power of parliament to make any law. That could beunderstood by any common man who can read English. Common law: Is an effective legal precedent that are made by judging sitting in court. They arevery different from statutes law and they are constantly changing. This is also known as Englishlaw legal system of England and Wales. The common law mainly deal with criminal and civillaw of the legislation(Franks and Sussman, 2005). Each branch has their own courts andprocedures. Law from the EU: This is special example of international law. The European nations that jointthe EU law thereby adopt all EC law till date. This law was introduced in UK 25 years back andEU regulation has influenced a wide rang of areas of UK law since there have joined EC in 1973.Large area of UK includes law of EU there are trade, agriculture, financial services and theenvironment. Also, other areas like employment and immigration are affected by this law. Role of government in law making process and Application of statutory and common law in thejustice courtsLaws refer to rules that are mandatory for everyone to obey. In UK, the most commonform of legislation is Public Bill, introduced by the government Minsters that change the generallaw. These bills can be introduced by either government or any other Member of Parliament. Billmust be agreed by both Houses of Parliament such as House of Commons and House of Lords. House of Common is the most powerful and consists of 659 members who are elected bygeneral elections that take place every year in UK. House of Lords play a vital role in shapinglaws and checking activities of the government, and have a reputation and represent the UKParliament. The procedure of passing a Bill can be start in any of the two houses. In UK, lawsare made in Parliament at the Westminster as the Parliament is Sovereign and has the rights toformulate any laws they want (Beatty and et. al., 2018).2
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