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Parliamentary Sovereignty in the United Kingdom

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Added on  2020-10-22

Parliamentary Sovereignty in the United Kingdom

   Added on 2020-10-22

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Parliamentary Sovereignty in the United Kingdom_1
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1. The meaning of ‘Parliament is sovereign’ and the various sources of UK Laws...........1Sources of Law in UK: ....................................................................................................11.2. Role of government in the law making process. How statutory and common law are................................................................................................................................................2Applied...................................................................................................................................2TASK 2............................................................................................................................................4SECTION 1............................................................................................................................4Responsibilities of Director are as follows:............................................................................4Health and Safety regulations.................................................................................................4Equal Opportunities regulations.............................................................................................5General Data Protection Regulation (GDPR).........................................................................7SECTION 2............................................................................................................................7Legal powers of creditors and the processes for liquidation..................................................7The possibility of getting the injunction.................................................................................7An alternative legal solution based on a different legal framework.......................................7..............................................................................................................................................7
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INTRODUCTIONBusiness Law refers to legislation that govern the dealings between people andcommercial matters. This report discusses about how business law is applied to the runningcompany and its impact on operations and decision making. It discusses the nature of legalsystems and various sources of Law in United Kingdom. TASK 1.1.1 The meaning of ‘Parliament is sovereign’ and various sources of UK LawsSovereignty of Parliament is the main feature of United Kingdom Parliamentary system.This implies that British Parliament has the authority to make any laws and these legislationswould not be challenged in any court of law. The term Sovereignty refers to Supreme power orauthority and thus, making Parliament the legal authority in United Kingdom which can make orbreak any law. UK's constitution is wholly uncodified and partially written form and does notexist in a single text like other countries of the world (Block-Lieb, 2016). Parliament in United Kingdom has developed laws to limit the sovereignty of Parliament like:Decision to establish UK Supreme Court in 2009 which limits the function of House ofLords. Passing of the Human Rights Act, 1998.Entry of United Kingdom in European Union in 1973.The devolution of power to other bodies like Scottish Parliament and Welsh Assembly.Sources of Law in UKThe term sources of Law refers to origins of these legislations and rules that bind anystate to govern its territory. Sources of Law in the United Kingdom is as follows:Acts of Parliament/ Legislation: Constitution of UK is unwritten, so most of its elementsare written in Statutes, which are enacted by parliament. The most important pieces ofLegislation are Acts of Parliament. There are following most important Acts ofParliament:◦Bills of Rights, 1689 which imposed limitations to the power of Monarch and statedthat Parliament should meet regularly. ◦European Communities Act 1972 integrated EU law and legal system into domesticlaw.1
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◦Human Rights Act, 1998 incorporates European Convention on Human Rights intodomestic law. International Court: United Kingdom is subjected to international law obligations and ithas signed many international treaties and conventions. These legislations or treaty doesnot have any impact over the Parliament supremacy. Further, if any treaty is signed bythe government that require changes within domestic law, then Parliament has theauthority to change it by legislation. European Union: It refers to the system of law operating within member states of EUand it is based on rule of law. United Kingdom is the member state of European Unionthat implies, any action taken by the EU is applied on treaties of European Unionmembers. It is divided into two parts i.e. Primary and Secondary. Treaties are the bases orground rules for all EU actions. Regulation, directives and decisions are the secondarylegislation, derived from objective and principles put within the treaties.Common Law: It includes body of unwritten constitution which are based on case lawimplanted by the courts. Common law influences in the decision-making process in caseswhere the outcome cannot be determined on existing statutes. They are the importantsources of key legal principles in relation to preservation of rights that each individualhas against the state and rule of law. 1.2 Role of government in law making process and the way statutory and common laws areappliedLegislation are created by Parliament as it has the supreme authority to create or end anylaw within United Kingdom. Acts of Parliament is applies to all the four countries of UK. Theother legislative bodies like Scottish Parliament, Northern Ireland Assembly, Wales Assemblycan pass laws only on devolved matter which is applied in their countries. Parliament consists ofHouse of Commons and House of Lords (Chiu, 2016)House of Commons is a emblematic body, the members of which are elected in every 5years through general election. House of Lords is neither elected and nor they are therepresentative body. Members of HOL are life peers appointed under the Life Peerages Act,1958. Stages of law making process and role of government is as follows:Bill: Bill is a proposed law which is introduced in the Parliament and it is drafted by civillayers on instruction of Government. The idea for new law can be arrived from variety of2
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