Assignment on Legal System of UK

12 Pages1892 Words51 Views

Added on 2021-02-22

Assignment on Legal System of UK

Added on 2021-02-22

BookmarkRelated Documents

PROFESSIONALDISCUSSION

TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3MAIN BODY...................................................................................................................................3CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7

INTRODUCTIONLegal system basically a procedure or the process which is being used for interpreting aswell as enforcing the different laws. The legal system of UK is well known for its powerfulpresence and thus imposing the strict legislation within the country. Its legal system consist ofvarious system like tax system, Jury system which provide its citizens the democratic choicealong with making the system effective. This essay the various law sources used in the country, the role of government in processof law making and role of courts in applying statues as well as common laws. MAIN BODYSources of lawEngland has a well defined law and is strictly followed by its citizen as well as otherentities. The legal system in England is well known for its effective decision making and thushas the immense power. These laws are mainly formed by four bodies and thus has four sourcesnamelyDomestic legislationIt comprises of both the legislation primary as well as secondary. Primary legislation ispassed by the parliament and thus includes Government sponsored bills as well as bills of privatemembers (Arrowsmith and Craven, 2016). In view of the secondary legislation, government hasthe full power to establish it and is generally done through the issue of some regulations namelyStatutory instruments. Common lawThe common law have been established over the past centuries by the judicial precedentsas well as known by the name of Case Law. This common law runs similar to the entire countryand thus applies on the same level to all the citizens. This law was made through the use ofprinciples which were developed over centuries back during the law standardisation throughoutthe England.Europion unionIn EU law, the directives are required to be formulated within the member state's nationallaw and thus EU needs member stares government in order to introduce the legislation infollowing areas and the different laws in that areas should be applied according to the legalprinciples of EU.

European Convention on human rights(ECHR)ECHR is one of the well known international law which was incorporated withindomestic legislation by the act of Human rights, 1998. Role of government in process of law makingGovernment plays an essential role in making the laws in England and hence is thecentral in law making process. The first stage in the process of law making is the preparation ofbill which is basically the draft being prepared by UK government. Government prepares threekinds of bills namely public bills, private member bills and private bills. Once the bills are made,government moves to the ext stage in which it is sent for the clearance by PBL committeemeeting (Brown, 2019). Government through the well defined process convey this draft to thePBL committee where they addresses the final draft along with other documents. Thesedocuments normally consists of the Explanatory notes which are published alongside the draftbill. Once the PBL committee is satisfied then the bill becomes ready for the introduction (Daly,Hughes and Armstrong, 2018). Third stage comprises of the parliament where the bills are eitheraddressed in Common's house or in Lord's House. Here the government plays the vital role andmakes decision on the basis of the legislation programmes within each House. Generally some ofthe Bills must begin within Commons like the Bill whose major objective is tax imposition. Afterthese stages, the bill goes through the first reading and second reading. In the second reading, thegovernment minister opens the debate through setting the case of bill and thus mentioning itsprovision. If the Government lost the votes then bill is not further proceeded. The last stagecomprise of making the bill an act. After the necessary amendments, it returns to the first housefor making some changes. Once the changes are being implemented, Bill is passed and thusintroduced in the session beginning. Role of courts in applying statues as well as common lawsA common law is basically the procedural laws as well as substantive law which is beingbuilt by the judges with the help of decisions within cases that they have addressed. On theopposite side, Statute laws are the laws which are developed by the parliament in the form ofsome legislations. In England, Magistrates normally make as well as follow their precedents andthus this create an immense variation within the local as well as regional customs. This meansthat the local regimes remain barely identifiable form each other. Judges develops the commonlaws by delivering the written judgements regarding the cases that are presented before them.

End of preview

Want to access all the pages? Upload your documents or become a member.

Business Law Tasks 2022

|13

|3576

|26

Business Law: Nature of Legal System, Key Legislations, and Types of Business Organization

|12

|3735

|99

Law Making Process

|21

|1794

|57

(Assessment) The Legal Framework And Legal Solutions

|3194

|31

Law Making Process

|22

|1078

|94

Business Law: Sources of Legislation, Role of Government, and Legal Solutions for Disputes

|3051

|309

Assignment on Legal System of UK