Legal System for Business Law: Classifications, Sources, and UK Law Making Process

This report discusses the legal system for business law in the UK, including classifications of law such as civil and criminal law, the role of courts like the High Court and Supreme Court, sources of law like case law and delegated legislation, and the UK law making process for employment law. It emphasizes the importance of law in maintaining stability and order in society.

BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 2
Part 1: Classifications of Law p-p
Define laws and identify the respective legal systems in the UK
p
Explanation with examples the following as means of classification
of laws in the English Legal system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal
system p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanation of Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
The legal system for business law is the arrangement of laws and regulation
which governs the conduct of business organizations like manufacturing process,
production of goods and selling of goods and services. Business law is the branch of
civil law which is comprised of various laws such as, company law, contract law,
insolvency law, antitrust law, partnership and many more. Business law is also called
as mercantile law. The companies Act 2006 of UK governs the formation of business
organization. A company is the main structure which is necessary for the application
of business law (McConalogue2020). The main purpose of business law is to
maintain the decorum in business organization by imposing restriction on business
activities which are unethical and arbitrary in the eyes of law. In this report
classification of English legal system together with the role of the courts especially
High court and the supreme court will be discussed in part one. Whereas in part two
sources of laws, process of law making and meaning of delegated legislation will be
explained. In last part, the statutory duties of employers towards their employees and
the meaning of wrongful and unfair dismissal under the employment law.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
The concept of law is wider which involve various forms of rules and
regulation for ruling human conducts and behaviour. Law sets the fundamental
principles for running a country. There is no certain universal definition of law, but
many eminent jurists and scholars have given different definition of law such as,
Salmond, Austin, Jeremy Bentham and many more. Law is a set of principles which
regulates the order of the society and to ensure safety and healthy environment to its
citizens. Law is essential for any civilization because it ensures rights and freedoms
to the individuals who are deprived of basic needs and provide equal opportunities
for the their growth. Many jurists have explained the fundamentals of law strictly and
those fundamentals are the law of land.
According to Salmond, ' law is the philosophy which is recognised and made
applicable for the running the administration of justice'. The view of Salmond was
criticized by many other jurists because the definition of Salmond does not specify
the essence of justice and fairness. There are other schools of thoughts who have
given meaning of law, which says that the nature of law determined by its
functionality and validity. The idea of law is to ensure effective mechanism for
resolving disputes between parties and to penalize the culprit and remedy to the
victim by the courts.
The legal system of UK is wide and critical (Chanand et.al 2021).
Numerous legislation have been passed to grantee its people equal treatment and
protection and to secure their interest. The legal administration including the
supreme legal authority of UK makes laws for its citizens to establish sense of
belongings and harmony among each others. Therefore law is very essential for the
society and no nation can survive without law.
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Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
In UK, there was no concept of civil law. Common law is recognized in UK
since 1189, the term civil is more used in secular sense. The regulates the non-
criminal matters, it determines the rights and liabilities of the parties litigating against
each other. Civil law includes Contract law, Tort law, Family law, Revenue law,
Intellectual property law media and commercial law etc. Thus, civil law is the system
of law which is deals with the private relations between peoples of the society or a
nation.
b) Criminal Law:
Crime is a necessary evil and it is evident that crime cannot be destroyed
completely. But efforts can be made to prevent crimes by making strict and
reasonable laws on crime. Criminal law defines various types of criminal offenses
and their prescribed punishment. In England and Wales, there is no criminal code
rather the offenses defined in common law which are not enacted by the legislation.
In criminal law a person is punished for his/her criminal acts. The government is the
sole authority to proceed the case for prosecution in courts. Criminal law are of two
types, procedural and substantial criminal law. Procedural law provides the
provisions for dealing with criminal matters in courts, whereas, substantial law
determines the rights and liabilities of the parties. The main purpose of criminal law
is to prevent crimes from the society (Gupta, 2020).
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
The High court of United Kingdom operates in three divisions, which are
Family court, chancery court and Queens bench. High court hear cases which are
serious and complex. Among all the three division, Queens bench division is
considered the biggest division. Queens bench division further divided into several
special courts which deals with the matters of administration, mercantile,
construction, admiralty technology etc. whereas, the chancery division hears the
cases of taxation, land law, partnership and company law.
b) Supreme Court:
The highest appellate of the United Kingdom is the Supreme court. It had
played crucial role in developing laws in UK. Supreme court hears the case only
when a case is put under consideration by the lower courts (McEldowney2018). It
hears the cases of national importance and where a question of law is under
consideration or a constitutional importance. It is the final appellate authority in
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England and Northern Ireland. Supreme courts checks the functionality of its lower
courts and guides them on many areas of law (Schwartzm annd Tebbe 2020).
Part 2: Source of law
Explanation of Case Law as a source of laws
Case laws are the primary sources of law which is also known as judicial
precedents. They are records kept for study for lower courts to draw an inference on
any similar case. These records are the judicial rulings which uniformly command
and favor the lower courts in their working (Tilmann 2020). The judgment of every
case are of binding nature and binds all the subsequent cases on the courts
according to seniority. All the lower courts are directed to follow judicial precedents
of their superior court to determine any subsequent case of similar nature (Hießl
2021).
Explanation of the process of making Legislation
Legislation is the formal law making process, in UK, the parliament is the
supreme legal authority which consist of two house, House of Commons and House
of Lords. The initial process of making law begins with introduction of the bill in
either of the houses. In this process, the bill is named and discussion is made on its
principle objectives (Fitsilis and De Vrieze2019). In second stage, the bill is send to
the committee for considering amendments, then it forward to subcommittee to
review the bill, then bill is put to vote by the chamber. After conducting voting by the
full chamber on the bill, the bill referred to the other chamber for consideration,
wherein the debate is made on the bill. Where the bill once debated and approved by
both the houses of parliament and received the royal assent as well, it takes the
status of an Act. In this process any member can introduce a bill.
The meaning and examples of Delegated Legislation
Parliament is sovereign body as there is no restriction, in UK parliament also
has the power to delegate its law making power to any authorized person, executive
or any other bodies. Delegated legislation is a system of administrative law, it
enables an authority or executive to make laws, orders, ordinances in their
respective jurisdiction and to administer implementation of such law. Regulations,
ordinances and standards are the main examples of delegated legislation. These
laws are not directly passed bu the parliament their application is also used for short
period of time (Tanwar and Kumar 2019).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The main responsibilities of employers towards their employees are:
 employers must ensure that their employees are protected and provided with
safe working environment. Employees must equip with all the tools and
equipment which they require for work.
 Employers must pay wages and salary to their employees to meet their ends.
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 Other benefits like, paid holidays, vacations, other holidays must be given.
 Employers must prohibit any form of discrimination during the course of
business.
 Employees must be treated with respect and employers must maintain their
dignity by treating them fairly.
 Employer must not dismiss their employees without written notice or any valid
reason.
Employment law of UK, provides various rights and liabilities of both employer
and employee in the form of provisions, which every employer is bound to follow. It
the moral and legal duty and responsibility of an employer to provide its employees
comfortable and employee friendly working environment.
Wrongful Dismissal and Unfair Dismissal Actions
where a person is dismissed by an employer against the employment contract
and no valid notice served before dismissing is purely a conduct of wrongful
dismissal from employment. Wrongful dismissal pertains to breach of terms of
employment contract by the employer. In this an employee is dismissed from his/her
employment before expiration of employment contract. Whereas, unfair dismissal
means terminating an employee from employment without conveying any valid
reasons. In this even if the reasons are valid but the actions are arbitrary then also
employee can bring actions against employer. Unfair Dismissal Act, regulates such
cases of unfair an wrongful dismissals. Any person subject to such dismissal can
bring suit against their employer(Anlesiny and Amponsah-Tawiah 2020). The
condition for qualifying actions for such dismissal is that employee must have worked
in an organization for certain period of time.
Conclusion
From the above report, it is evident to conclude that law is important for
maintaining stability, peace and order in the country. The legal system of UK is rich
and old. In earlier times customs and usages were being exercised to maintain
conducts of civilization, with the change of time and circumstance these customary
laws are replaced to law of nations. These laws are known as common English law
and are applied to whole of the United Kingdom. In development of English legal
system, judiciary has also played significant role. The parliament of UK is the
supreme legal authority of the United Kingdom. In this report all the relevant extract
are covered which defines the legal system of UK.
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References
McConalogue, J., 2020. The Impact of EU Membership on UK Government
and Parliament’s Sovereignty. In The British Constitution
Resettled (pp. 1-32). Palgrave Macmillan, Cham.
McEldowney, J., 2018. The UK Supreme Court and Parliament: Judicial and
Political Dialogues. In New Challenges to Constitutional
Adjudication in Europe (pp. 214-232). Routledge.
Tilmann, W., 2020. The UPC without the UK: Consequences and
Alternatives. GRUR International, 69(8), pp.847-851.
Chan, F.,and et.al 2021. Understanding transnational bribery: a corporate
crime framework. Crime, Law and Social Change, 75(3), pp.221-
245.
Gupta, A., 2020. Correlation of International Criminal Law and Human
Rights. Neolexvision Blog (2020) https://www. aequivic.
in/post/correlation-of-international-criminal-law-and-human-rights.
Schwartzman, M. and Tebbe, N., 2020. Establishment Clause
Appeasement. The Supreme Court Review, 2019(1), pp.271-311.
Hießl, C., 2021. The Classification of Platform Workers in Case Law: A
Cross-European Comparative Analysis. Comp. Lab. L. & Pol'y J., 42,
p.465.
Gordon, M., 2018. UK Parliamentary Sovereignty in an Age of
Constitutional Flux: Challenge, Centrality and Complacency. UK
Parliamentary Sovereignty in an Age of Constitutional Flux-
Challenge, Centrality and Complacency'(Parts 1 & 2)(T Kuramochi
trans.), Nanzan Law Review, 42(2), pp.137-168.
Fitsilis, F. and De Vrieze, F., 2019, July. Parliamentary oversight of
sustainable development goals and the application of post-
legislative scrutiny principles. In 14th Workshop of Parliamentary
Scholars and Parliamentarians, Wroxton, UK (pp. 27-28).
Tanwar, K. and Kumar, A., 2019. Employer brand, person-organisation fit
and employer of choice: Investigating the moderating effect of
social media. Personnel Review.
Anlesinya, A. and Amponsah-Tawiah, K., 2020. Towards a responsible
talent management model. European Journal of Training and
Development.
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