Business Law: Understanding the English Legal System and its Impact on Business Operations

Business Law
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Table of Contents
Introduction......................................................................................................................................3
LO1 & LO2 (Report 1)....................................................................................................................4
P1.................................................................................................................................................4
P2.................................................................................................................................................6
M1................................................................................................................................................8
P3.................................................................................................................................................9
M2..............................................................................................................................................11
D1..............................................................................................................................................12
LO3 & LO4 (Report 2)..................................................................................................................13
P4...............................................................................................................................................13
P5...............................................................................................................................................15
M3..............................................................................................................................................16
P6...............................................................................................................................................17
M4..............................................................................................................................................18
D2..............................................................................................................................................19
Conclusion.....................................................................................................................................20
References......................................................................................................................................21
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Introduction
The report consists of the business law which is being used by the organisation. The discussion is
also about the sources of English Legal System that how the legal system emerges. Role of the
government is also being explained that how law-making is done by the government authorities.
International Law is also one of the major sources of English Legal System and being studied
thoroughly in the report. Court structure of the United Kingdom is written down in the report
according to their hierarchy. Further the discussion is about the legal system which is
being effective after recent reforms and development. Also the importance of employment law,
company law and contract law is being written down in the report.
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(Report 1)
LO1 & LO2
P1
a. What form does your constitution take?
There are few characteristics of the constitution of the United Kingdom, as there is no
documentary constitution which contains law of the country; the court makes a judgment for the
cases on the basis of the statutes passed by the parliament. The constitution of the United
Kingdom is known as an uncodified constitution. The rules of British Constitution are set up by
the treaties and the international agreements for which the United Kingdom has agreed upon with
the international authorities. The constitution of XX is not specific, the rules and regulation in
the company are followed according to the rules of the country (UCL, 2018).
b. What system of governance is provided for?
The system of Governance: The government of United Kingdom is responsible to the Parliament
this is known as Responsible Government. All the decisions are made by the parliament and the
government. In the Parliament, there are two levels i.e. House of Commons and House of Lords.
House of Commons is considered as lower house whereas House of Lord is the higher house in
the United Kingdom. The House of Commons is more powerful than House of Lords and it can
overrule the laws which are passed by House of Lords (Worldatlas, 2018).
c. Does the constitution provide for a separation of powers?
Yes, the constitution of United Kingdom provides separation of powers. The power is divided
among three powers in the United Kingdom: The Executive Power, The Legislative Power, and
The Judicial Power.
The Executive’s mainly formulates and executes the policies made by the government. The
Legislative’s power is held with the parliament of the United Kingdom. And the Parliament is
composed of three parts that are Monarch, House of Lords and House of Commons. The Judicial
power is to provide justice and resolve the matters of law. The main function of Judiciary is to
develop the law of the state from their judgments (Oxbridge Notes, 2018).
d. What is the general legislative process?
The process of the general legislative process is followed by four major steps. The steps are:
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 First Reading: In this, the title of the bill and what all things are included in it are being
read in the House of Commons. Nothing else is being done in the first reading apart from
the things mentioned above.
 Second Reading: The contents of the bill are debated and if any amendments are required
in the bill are being done in this reading. The voting is done in the House that whether the
bill should proceed further or not.
 Committee Stage: In this stage, the bill it goes to House of Commons for detailed study
by the members of the house. They may make few changes n the bill if it is required.
 Report Stage: In this the amendments if made, then the bill is sent back into the house.
The bill is again debated upon and sent to house.
 Third Reading: In this, the voting is done for the bill that whether the bill should be
accepted or not.
e. Is there a doctrine by which the judiciary can review legislative and executive actions?
Yes, there is a doctrine by which the judiciary can review legislative and executive actions it is
known as judicial review. Judicial review is supervising the executive as well as legislative
power. In Judicial Review courts supervise the power of the public body (Tomkins, 2013).
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P2
a. To what extent do international sources of law apply?
An international source of law is one main source of law in the United Kingdom. The following
are the international sources of law:
1. The Statute of International Court of Justice: This is one of the sources of law in which
the statutes which are passed by ICJ are considered and if it is applicable in the state then
it is opted as the law by the authorities of the state.
2. Treaties: Treaties which are signed on an international level by 2 or more countries are
also considered a source of law for the United Kingdom.
3. Customs: This is a major source of law for almost every state in the world. In this
customs of states are accepted as law by the authorities.
b. What is the general court structure and hierarchy?
The court structure and hierarchy of the courts are:
1. Supreme Court: It is the highest court in the United Kingdom with the highest authority
in the state. The decision passed by this court cannot be further appealed in any court.
2. Court of Appeal: The Court of Appeal is being divided into two divisions one is criminal
and another one is civil. The civil division hears the appeal from the country court, high
court and the tribunal whereas criminal division entertains the cases from crown court.
3. High Court: This court deals with complex and difficult cases. They usually hear both
civil and criminal matters and also assist Lord Justices to hear the appeal.
4. Crown Court: The Crown Court deals with the cases which are decided by a court of the
magistrate and then if the parties are not satisfied they are a further appeal in Crown
Court. Usually, it deals with the criminal cases which are re-appealed by either of the
parties.
5. Magistrate Court: This is the lowest court in the United Kingdom and deals with the
cases which are not serious offenses. It usually hears petty offenses, including cases of
torts.
c. To what extent are lower courts bound by the decisions of higher courts?
Lower Courts are bound by the decisions of the higher court and they have to follow every order
as the higher courts have more authorities than the lower courts.
d. Are there specialist courts for certain legal areas?
Yes, there are specialist courts that deals with certain legal areas such as Court- Martial it only
deals with the cases related to the military and it deals with the cases where military officials are
included.
e. Are other quasi-legal authorities commonly used?
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