Legal Issues in Business: Understanding the English Legal System and Justice System

This essay provides an overview of the English Legal System and Justice System, discussing the separation of powers, sources of law, and the structure of courts. It explores the process of enacting laws and highlights the importance of understanding the legal system in business.

Legal issues in business
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and events Organization

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................7
REFERNCES...................................................................................................................................8

INTRODUCTION
Business law is the branch of law which deals with corporate and business matters. The
legal regulation of corporate entities and the legal regulation of commercial transactions are two
distinct areas of business law. It's also known as business law or commercial law (Saurugger and
Terpan, 2021). There are many different types of legal entities, varying from sole proprietorships
to partnerships, profit-making enterprises to non-profit organisations, all of which are regulated
by the law and must not operate in defiance of it. As a result, the report highlights the nature of
the legal and justice systems in the United Kingdom.
MAIN BODY
In the United Kingdom, there are three separate legal systems: one each for England,
Wales, Scotland, and Northern Ireland. The constitution of the United Kingdom is formed from a
range of sources, some written known as statute law and while some are unwritten known as
conventions. There is no such single document identifying the rights of the citizens and acts of
the government. Furthermore, the unwritten constitution includes conventions which also plays
vital part and they do not require procedure for formation (Stockdale, 2021). The parliament is
one of the main organs of the government and is also considered as supreme law making
authority and there are other law making authority such as local authorities or devolved
assemblies, to whom the powers are granted by the Parliament. The Crown, House of Lords, and
House of Commons constitutes the UK Parliament. The Crown has notional power and is
obligated to follow the Prime Minister's advice, who in turn follows or advises the Members of
Parliament (MPs). Generally, the court accepts the legislation devised by the Parliament. They
take precedence over common law (those law which are devised through cases). Another organ
is the executive, its primary function is to administer the state, with the government delegating
authority and responsibility. It focuses on enforcing or executing the law. The executive branch
is made up of the Crown and the Government, which includes the Head of State, Queen
Elizabeth II of the United Kingdom, the Prime Minister, and the Cabinet of Ministers. Lastly, the
Judiciary is principal institution; it consists of judges of the courts, who occupy judicial positions
in tribunals, as well as personnel of magistrate courts. The Crown is in charge of appointing
senior judges. This branch's primary responsibility is to resolve disputes in conformity with the
law.

The structure of UK Parliament consists of two separate houses, the House of Commons,
which is considered as representative body with members elected on basis of their profession or
occupation. The chairman of the House of Commons is the Speaker, who aims to carry
responsibilities in a fair and appropriate manner (Joyce and Laverick, 2021). The House of
Lords, on the other hand, is not a representative body, consisting of clergy, hereditary peers, and
life peers appointed by the Crown on the recommendation of the Prime Minister, who in turn
receives advice from a non-political Appointments Commission. Without a doubt, the most
essential source of law is legislation. Parliament is the highest legal regulating power.
Legislation is initially proposed by Parliament in the form of a bill. Members of Parliament
(MPs) introduce the public bill, which affects the entire population. MPs who are not members
of the government, on the other hand, propose private bills. The House of Commons and the
House of Lords are the two houses of parliament. Before being transmitted to the House of
Lords, where it obtains Royal Assent and becomes an act, the bill goes through various stages
and is voted on by both houses. Statutory Law refers to legal norms and standards established by
statute, whereas Common Law refers to law established by judicial decisions.
In the United Kingdom, secondary sources such as journals, publications, and court
websites are examples of secondary sources, whereas major sources include legislation, common
law, and European Union law. Here are a few of the most notable sources of laws. Firstly is the
Primary Sources, which includes Legislation, The government's laws or legislation are
applicable to the entire country. If it is revealed that an entity is breaking a law passed by the
country's parliament or government, the laws or bill will severely punish them. It refers to the
acts of parliament, or the laws passed by parliament, in simple terms (Potter and Chitpin, 2021).
Only the UK parliament has the authority to pass laws that effect all four countries. The United
Kingdom's two houses of parliament are the House of Commons and the House of Lords. None
of us have the power to amend or repeal laws, and no one has the right to object to them. The
Common Law, courts have the power to enact laws based on a statute's interpretations. The role
of the court is to interpret the content or phrasing of legislation passed by the legislature. All of
these court orders have been in place for a long time and are still in effect. Precedents are
incredibly useful as they serve as a reference for courts, particularly when dealing with similar
instances. When the approaches are the same, precedents help the courts reach faster decisions.
European Union Law, EU law takes priority over national law because the country is a member

of the European Union. In other words, the European Court of Justice's decisions are binding on
all UK courts (ECJ). Opinions of the European Court of Justice, such as the one that granted
prisoners voting rights in exchange for their liberation (Pellizzoni, 2021). Whereas Secondary
Sources includes, Expert legal opinion, as well as law-related literature in a number of mediums.
The opinions of judicial specialists on legal concepts and facts, as well as their interpretations.
Furthermore, several legal judgements from various jurisdictions. As a result, the sources are
incredibly beneficial to the country because they assist in decision-making. In the case of a
conflict between the sources of law stated above, the significant sources of law will always take
precedence.
The task of introducing laws is crucial for the government (Ladson-Billings, 2021). They
need to go through a six-step process before the royal queen assents to the law they passed. The
First Reading, the proposed bill's phrasing and substance are scrutinised in the House of
Commons. Second Reading, the proposed legislation is examined and discussed by members of
parliament. The Committee Stage, the measure is then examined by the House of Commons for
possible changes. Further, the Report Stage, representatives from the House of Commons debate
any corrective action that has to be taken at this level. The Third Reading, the measure has been
completed, and it will be voted on. Lords (House of Lords), after receiving a majority of votes,
the measure is referred to the House of Lords. The House of Lords follows each of the preceding
procedure. Lastly, the Ascension of the Crown, regardless of whether both chambers agree on the
proposed law, it must be presented to the Queen for her approval and assent.
Common laws span a wide range of legislation, the bulk of which are based on precedents.
When a matter is submitted before a judge or a judicial court, juries are obligated to analyse
precedents and come to the same conclusion as the previous case. This supports the notion that it
was legally binding. If the court cannot find any resemblance between the current case and
previous proceedings, the judge will look into the statutes and rules of the legislature. Certain
sorts of legislation are referred to as statutory laws. Courts must be able to comprehend such law
in order to reach an appropriate result. Because the country claims to have an unwritten
constitution, the legal system in the United Kingdom is exceedingly malleable (Prado and
Trebilcock, 2021). As a result, the government has more flexibility in changing laws in reaction
to societal developments. National legislation is created when new ideas are proposed for
legislation well in advance of the government and receive Royal approval. In the event that

newly passed laws or probable court precedent conflict, the newly adopted legislation will take
precedence, and the older law or court precedent will be rendered obsolete in the future.
The structure of English Justice System is set up in such a way that judgements made by
higher courts are binding on courts inferior to them. The Supreme Court, often known as the
House of Lords, is the highest court in the legal system. Until the Lord Chancellor issues a
statement declaring that past rulings can be reversed if it appears to be in the public interest.
Given the fact that the Supreme Court is the country's highest authority, the European Court of
Justice's decisions have a substantial impact, as they are binding on all UK courts. Numerous
organisations and courts (such as the European Court of Human Rights) have made convincing
judgements that are not binding on English courts (Douglas, 2021).
In the legal system structure, the Court of Appeal is a lower court than the Supreme
Court. The civil and criminal divisions of the court are divided into two groups. The rulings of
both courts are binding on the courts beneath them. The Civil division is subject to specific
criteria and exceptions in connection to the binding effect rule, as stated in Young v Bristol
Aeroplane Co. Ltd [1944]. As in Criminal Division, if the court decides, as seen in R v Greater
Manchester Cororner ex p tal [1983], that the earlier decision was founded on ignorance of the
law, the court is not obligated to adopt that judgment. In addition, the Divisional Courts are one
of three divisions that make up the High Court Division, which has appellate jurisdiction. These
legal institutions are bound by the Supreme Court and Court of Appeal's decisions under the
doctrine of stare decisis. With the exceptions indicated, the High Court sits above the divisional
courts and enforces their decisions (Ostrowski, 2021).
Crown Courts handle indictable offences (serious crimes such as abduction and killing),
as well as offences transmitted or appealed from magistrate courts and sentencing orders
transferred from magistrate courts. Superior court decisions are also binding on crown courts.
The decisions of the Crown Court are persuading rather than obligatory. Moreover, because
Magistrate and County Court judgements are legal reasoning based solely on the facts of the
case, they do not bind any other court. As a result, a court has the power to reverse past
decisions. There in case of R v R [1992], the court reversed a decision that recognised rape
within marriage in order to reform the English legal system, which is necessary to maintain
people's faith and belief. In the context of the legal system, many acts have undergone changes.

The judiciary helps to prevent the other organs to exercise their power in unlawful
manner. It aims to resolve legal disputes effectively and efficiently. It also includes certain
principles such s right to a fair hearing which now forms the part of UK law. The judiciary has
the power to review the public bodies on which the Parliament has conferred upon the powers.
Thus, it is a mechanism which ensures that the public bodies act with the powers conferred and
don misuse their powers (Medwell and et. al., 2021). Furthermore, there are Alternative Disputes
Resolution which includes forms such as Mediation, Conciliation and Arbitration, for resolving
the conflicts without going through the complicated and lengthy procedures of courts.
CONCLUSION
The essay concluded the nature of the English Legal System and the Justice system briefly
and in an effective manner. It examined the separation of powers within different organs of the
government. Furthermore, the essay also examined various sources of law accompanied by the
law making authority and the process of enacting law. The essay discussed the legal structure of
courts and its hierarchical order in order to better understand the system.

REFERNCES
Books and Journals
Douglas, H., 2021. Women, intimate partner violence, and the law. Oxford University Press.
Joyce, P. and Laverick, W., 2021. Policing: Development and contemporary practice. Sage.
Ladson-Billings, G., 2021. Race, research, and urban education. In Handbook of urban
education (pp. 9-25). Routledge.
Medwell and et. al., 2021. Primary English: knowledge and understanding. Sage.
Ostrowski, M.S., 2021. Right and Justice. In Eduard Bernstein on Socialism Past and
Present (pp. 431-444). Palgrave Macmillan, Cham.
Pellizzoni, L., 2021. Nature, limits and form-of-life. Environmental Politics. pp.1-19.
Potter, I. and Chitpin, S., 2021. Professional development for school leaders in England:
decision-making for social justice. Professional Development in Education. 47(1). pp.63-
74.
Prado, M.M. and Trebilcock, M.J., 2021. Advanced introduction to law and development.
Edward Elgar Publishing.
Saurugger, S. and Terpan, F., 2021. Normative transformations in the European Union: On
hardening and softening law. West European Politics. 44(1). pp.1-20.
Stockdale, K., 2021. Hope under oppression. Oxford University Press.