Sources of Business Law of UK Assignment
Added on 2020-07-22
11 Pages3602 Words28 Views
BUSINESS LAW
Table of ContentsINTRODUCTION......................................................................................................................3TASK 1......................................................................................................................................3P1 Different sources of law and other laws that must be followed by the organizations......3P2 Role of government in preparation of law........................................................................4TASK 2......................................................................................................................................5P3 Legal advice on different case scenarios..........................................................................5P4 Appropriate suggestion to legal issues in vocational scenario..........................................8P5 Justification to the scenario in PHB Ltd and Busy Bees Ltd............................................8TASK 4......................................................................................................................................9P6 Advice to AFG Oil Company on its legal rights...............................................................9CONCLUSION........................................................................................................................10REFERENCES.........................................................................................................................11
INTRODUCTIONBusiness law plays vital role in governing the business and commerce that takes placein the country. The report makes comprehensive discussion o different sources of law of UKwhich must be followed by the organizations functioning there. The main sources are,legislation (Folsom and et.al., 2012), Human rights, EU law and common law. Further, itfocuses on role of government in the process of law making in the country. The report willthen ponder on different case scenarios and legal suggestions such as case of busy bees, Mr.Singh etc. In the end, the report discusses the method of arbitration and its significance insolving the disputed=s between the parties.TASK 1P1 Different sources of law and other laws that must be followed by the organizationsThere are basically four major sources of English law. They are, legislation, case(common) law, human rights law and EU law. The discussion in brief is mentioned below:Legislation: It is the law happened to be created by the legislature. The acts made inthe parliament are the most important laws in legislature. The principle legislature isperformed in the UK parliament which is based in London. It is the only body whichhave right to pass the acts and laws which applies to the all the four countries of UK.There are two types parties in parliament of UK. They are House of Lords and Houseof Commons. There are 650 members of parliaments in the House of Commons. Eachmember have the right to caste one vote and the member with the highest constituencyis considered as the MP of that constituency. However, in case of House of Lords,there are around 800 peers. Out of which 600 are duly appointed by the queen basedupon the recommendation of the parliament. The members of house of Lords are onewho have been inherited aristocratic titles such as, Lord or lady and senior bishops ofthe church.Common Law: The legal policies and procedures followed by England and Wales.The decision from the side of senior appellate is followed by both the countriesinvolved. It is one of the important aspects of law making as the new laws are formedbased on the decisions of the cases that happened to be decided in the past.Considering all the arguments and circumstances common , law is decided for thepeople. Every aspect of the law is clarified by the court and the will is made by the
parliament. Courts then try to make the interpretation of the will of parliament basedon which the law is formed.Human rights law: The Human rights act came into being in 1998 and was appliedon the general public with effect from October 2000. There were certain rights thatwere identified in European Convention on Human Rights (ECHR) whose one of themember state signatory is UK and it is mandatory for the country to follow all therules, regulations , and policies being issued in the papers of European Convention onHuman Rights (ECHR).European Union law: UK is a part and a member state of European union and henceall the laws, rules, regulations and policies issued by European Union are to befollowed by the country (Kinicki and Kreitner, 2012). However, if the country drivesthe concept of Brexit in the estate in November 2019, then it won’t be required tofollow the regulations issued by European Union. P2 Role of government in preparation of law A certain process is followed while making a law. Bills are prepared based on therequirement of the public being judged by the government. Hence vital role is played by thegovernment in this process The process involved in preparation of law in United Kingdom ismentioned below:Bill: The civil layers are instructed by the government to prepare the draft of the law.It is just the explanation to the proposed law. There are three types of bill, public bill,private bill, and private members bill. Public bills have direct impact on the wholecountry or on the large portion of it (Alvarez, 2016). They are made by the cabinetsuch as, Criminal Justice Act 2003 and constitutional reform act 2005. Local authoritymakes the proposition to the private bill. However, in case of private members bill,they are made by backbench of Mp and have fewer chances to get converted into anact.First reading: At this stage the title of the bill is read by the House of Commons. Second reading: At this stage, the details of the bill are debated the amended basedupon the conclusion of the debates. A voting of the members of parliament is madeand they decide that whether the bill should proceed on not. Committee stage: The House of commons are then allowed to make detailedexamination of the bill and further amendments are made if required.
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