English Legal System and Classification of Law

This report discusses the English legal system, classifications of law, sources of law, and UK law making process for employment law. It defines laws and identifies the respective legal systems in the UK, explains civil and criminal laws, and the role of high court and supreme court in the legal system. It also explains case law as a source of laws, the process of making legislation, and delegated legislation. Lastly, it discusses the statutory duties of employers to their employees and wrongful and unfair dismissal actions.

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
Set of rules and regulation implemented by the government authorities in a
country is referred as law. These set of rules are implemented to maintain peace and
legal decorum in the region. Thus, the following report will be highlighting different
aspect of English legal system and the laws Incorporated in United kingdom. Basic
classification of the legal system into two branches is discussed. Moreover, the role
of judicial system in the legal system will be enlightened. Laws related to
employment that ensures the rights of the employees is described.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
An official rule that directs the residents to follow a certain practice is termed
as law. These are the set of guidelines which ensures the legal decorum of the
country is enabled with peace, harmony, authenticity and ethical practices.
Consequences for disrespecting the law are to be faced by the person involved in
unfair practices that may harm legal, social or environmental factors.
English legal system contains the laws which are regulated by the influence of
various legal source from England and Whales. Powers of these sources are
assigned by the constitution of the country. This legal system is classifies law into 2
major branches that is civil laws and criminal laws. Legislative bodies, house of
lords, house of commons, case law etc. are the sources which are involved in the
law formation in the country. Commonly, social values and human rights are the
central element of the law making process.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
Set of rules that focuses on the conflicts between civilians in the region known as civil law.
Civil laws are also referred as non-criminal law as it doesn't involve any misconduct that are
related to the violence and aren't so intense (Zhilinkov, 2019). Prevailing of civil laws is
ensured by the civil courts which enacts is a judicial body that passes judgment on the
dispute that are concerned with the civil laws. Sections in civil law includes the injustice
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among the civilians and the disputes related to quasi-contracts. Quasi-contract is the
conflicts related to the property but not ones which involves criminal practices. There are
two major classification of the civil law that is substantive laws and procedural laws:
Substantive laws are the central basics of the society that depicts the harmony and
moral values of humanity (Shebaita, 2020). These are the laws that enacts the societal
values and combines it with the legal system in order to make it relevant with the dynamics
of population inhabiting in the region.
Procedural laws are the ones that are administered with the functioning of civil laws
as it is referred by the judicial body (Scott-Patel, 2019). These are the codes of procedures
that are implied when lawsuits are filled and while hearing as well.
b) Criminal Law:
Criminal laws are the set of rules that are implied on the individuals that attempts the
practices which are highly wrong and are considered insane and vicious in the
society because such practices are considered as inhuman acts. Abusers of the
criminal laws in the country are convicted by the criminal courts in the country that
ensures that justice is being provided to the victims. Moreover, English legal system
has sound criminal laws that highlights every practice that are considered against
humanity. Coordination between state and international institutes that are focused
towards the prevention of criminal activities help to reduce such practices in t he
country (Khan and et.al., 2019). Consequence for the violators of civil law are
mentioned with the respective law which depicts the judicial bodies and assign
powers to punish the violators accordingly.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
High court in English legal system is the judicial body in the English legal
system which oversees the disputed related to the civil laws and criminal laws.
However, the powers to this judicial body for handling the matters of criminal laws is
limited. Every state has its own individual high court which supervise other lower
level judiciary in their respective boundaries and monitor their functioning. However,
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this power of high court is currently in debate and may be taken in the future. High
court in united kingdom is classified in three categories that are queen's bench
division, chancery division and family division which have their different areas of
working (Fudge, 2018). Context of the matter creates a difference between the
functional areas of these bodies. However, in some context the functional jurisdiction
area gets overlapped due to the mixed dynamics of the matters. In such situation the
matter falls under the jurisdiction of the body which highly relates to the context.
Majority of the hearing session in the high court is proceeded by ab single judge.
b) Supreme Court:
This is the judiciary body which passes final statement on both civil and
criminal laws. It is the final judiciary body which exercise the highest power in the
English legal system from jurisdiction aspect. However, the statement of supreme
court in the country is limited to the matters that are based in England, Whales and
Northern Ireland. Supreme court in the country is also concerned with the public
matters that stakes majority of the population in the country. Constitutional
importance is majorly related to such disputes. Authority of this judicial body in the
country is restricted by the parliamentary sovereignty doctrine that makes it less
powerful in comparison with the supreme court of other countries. However, the
court has significant powers to introduce amendment in the secondary legislation
(Cupido, 2019). Furthermore, supreme court can can mark legislation as
incompatible with a rationale of irrelevance with the human rights conventions.
Part 2: Source of law
Explanation of Case Law as a source of laws
This source of law determines the historical judgments on the cases with significant
complexity. The process of law formation refers to the judgment that are given by the
judges in the past. Common values are reflected by the case laws which plays a vital
role in the making process in English legal system. This source of law depicts
practicality as it provide wider perspective on the context of the matter and gives an
essence of the measures that are needed top be covered. Moreover, to respect the
historical judgments of the judges, this source of law is considered in the process of
law formation (Bogg, 2020). However, the practicality of the case law is being tested
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to acknowledge its relativity in t he current scenario as there are different factors that
may not be prevailing in the past years which is highly essential in the present time.
Explanation of the process of making Legislation
Legislative process in UK depicts the way a bill is passed and enacted as a law.
There are several steps from which a bill passes that gives a chance to make
amendments in it. Firstly it goes through the evaluation process where its
authenticity and practicality is evaluated. Further, it goes through various stages in
house of commons where the ministers read the bill and recommend the
suggestions. This process continues until the last stage where the bill is transferred
to the house of lords. Then the house of lords goes through every aspect of the bill
and recommend suggestion if they have any. In-case they don't have any
amendments then the bill becomes a law. If the amendments are identified by the
house of lord then it goes back to the commons for their approval. This way the
process keeps on loop until both the houses agrees on the policies of the bill.
The meaning and examples of Delegated Legislation
Laws which are delegated by the government minister are known as delegated
legislation instead of parliamentary bodies. Although, the powers to the ministered
for regulating delegated legislation is assigned by the parliamentary conventions.
Statutory instruments are most preferred option for formulating delegated legislative
rules. Around 3000 statutory instruments are created every year from which only
1000 is the mandatory number to the parliament foe acceptance (Bibbings, 2018).
Moreover, delegated legislation includes both major and minor changes in the
government policies.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The employers are responsible for the health and safety of the employees. It is the
duty of the employer to provide suitable working conditions to the employee so that it
doesn't effect their health and leads to health issues. Moreover, it is essential that
the employers provide knowledge of the risk involved in the work if there is any.
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Rights of the employees has to be also ensured by the employers in order to make
fair practices. This is ensured by the employment law in UK.
Wrongful Dismissal and Unfair Dismissal Actions
The wrongful dismissal of the employees refers to the acts that depicts unreasonable
termination of the staff. The employees can file plea against such acts and the
employers have to pay compensatory amount if they are convicted for such
practices.
Conclusion
The above report has concluded every aspect of English legal system. The sources
of law have been discussed thoroughly in the report that has highlighted the
importance of each source with the way in which it is involved in the process. Case
law as a source of law is discussed in the report with the importance of historical
decisions of the judges on various context of the case. The role of supreme court in
maintaining law and order in the country. Moreover, role of high court is also
described which is majorly concerned with the disputes related to the civil laws. Its
power on the sub judicial bodies has been stated thoroughly. The employment law
that ensures the right of the employees in mentioned in the report that has
highlighted the wrongful practices and the laws enacted to prevent such practices by
the employers is mentioned.
References
Bibbings, L., 2018. Section 5 (1) Criminal Law Amendment Act 1885. In Women's
Legal Landmarks: Celebrating the history of women and law in the UK and
Ireland. Hart Publishing.
Bogg, A., 2020. " Labour Law Is a Subset of Employment Law" Revisited. Dalhousie
LJ. 43. p.479.
Cupido, M., 2019. Common Law and Civil Law Approaches to Excessive Group
Crimes. In The Common Law and the Civil Law Today: Convergence and
Divergence (pp. 289-316). Vernon Press.
Fudge, J., 2018. Illegal working, migrants and labour exploitation in the UK. Oxford
Journal of Legal Studies. 38(3). pp.557-584.
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Khan, N. and et.al 2019. Diversity in the workplace: An overview of disability
employment disclosures among UK firms. Corporate Social Responsibility
and Environmental Management. 26(1). pp.170-185.
Scott-Patel, K., 2019. UK Employment Law-A Good Plan for Workers?. Int'l. In-
House Counsel J. 12. p.1.
Shebaita, M., 2020. The Notion of Administrative Contracts in Civil Law System vs
Common Law System. Available at SSRN 3706353.
Zhilinkov, V.V.V., 2019. FOREIGN EXPERIENCE OF THE PROPERTY
RELATIONS’STUDY AND DEVELOPMENT IN THE UK. Редакційна
колегія. p.123.
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