The UK Classification and Source of Law: Understanding the Hierarchy and Characteristics
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This article discusses the UK classification and source of law, including the hierarchy and characteristics of the principal sources of law such as legislation, case law, and books and journals. It also explores the impact of these laws on multinational organizations and provides an overview of the features of employment law.
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MAIN BODY The UK Classification of Law The law in UK is divided into three areas as per the geographical indications of the place. The said areas are England and Wales, Northern Ireland and Scotland. The areas are not specific in operation as such but the laws somehow collide too based on the preferences in the conflicts(Jain, 2021.). The law in context of UK refers to such set of rules which the crown uses in order to regulate the lives of the governed and are inclusive of such system of regulations also which determine the rights and liabilities of the concerned in case of disputes among them. The people who are associated with the territories are also governed accordingly by those people. The law there is classifies into civil and criminal law. The law here is developed in the way that includes the aspects of offences against states too termed as criminal law as well as the wrongs which re specifically considered against the person termed as Civil law. Both of them has certain aspect of punishment into them and they work as per the needs of the case in particular and provisions in general. The people how will be behaving in the society is governed by laws only and they ascertain the patterns of orderly societies which should remain intact. The criminal law is that branch of law where the law punishes the person for the offences committed considering it against the society as a whole and they do not in particular punish for the wrong to single being(Mangan, 2020.). The wrongs here are considered to be to harmful that the tendency of them causes danger not only for the a single person specifically but the society as a whole. They include the offences like murder, dacoity, robbery, genocide, etc. in there umbrella. The Civil law refers to that branch of where the wrong done to a person is considered to have harmed the only person and not the society in general and thus the person here will be punished singularly. The issues to which it relates are in concern with the single person or a community and not to the society. The punishment inflicted in these cases relatesnotwiththeimprisonmentinmostcasesbutimposesfineasaformof compensation majorly.It relates to the offences like the breaches of various nature like 1
that of contract, that of tort, that of trust , etc. it also covers the wrongs like defamation, negligence where the duty to take care is held against the person alone or a community only. The general parlance associated with this kind of offences does not relate to any social welfare or consideration of society. The other laws which form the part of the system of law in UK is the statutory law which are not formed by the Acts enacted by the parliament. They include the laws where merely the civil regulations form part of the system like the contract laws where most breaches are taken, trespasses, nuisances etc. they are not governed by any Acts passed by the parliament of UK(Panicacci, 2021.). The jurisdiction of UK is comprised of three systems which again have there abstracted jurisdiction based upon the areas namelyEngland and Wales, Northern Ireland and Scotland. The lawsentertained by this are the framework adopted according to the Westminister, the Scots laws have given a lot to the Civil jurisdiction of UK leading to the contribution of common law to the world judicial processes. The famous case of Donogue v. Stevenson is the the base of law of negligence as adopted by the whole world now and is also a contribution of Scots law only. The laws in all three system are notidenticalasthereexistsmultipleprocesses andprovisions whichmakethem contrasting to each other. Also the laws in Scots are somehow made in the sense that they become completely alien to the England and Wales in many areas(Teague and Donaghey, 2018.). The population of UK is also divided as per the location on to the law that will be applicable on them. The area of applicability of there laws is dependable onto the theories o f these laws as such. The UK Source of law (i)Identify and briefly explain the hierarchy of the principal sources of laws in the English Legal System Principal sources of law is based upon forming this aspects which are used for controlling and administer legal perspectives within an country. These sources are used for developing laws and its various legislation. Sources are those basic ideas which are 2
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used in order to form laws in relation to various legal perspectives. Different sources in relation to law has been discussed as follows: Legislation:These are one of the most important legislation that has been developed in order to build structure used for making laws applicable within society. These sources acts as permanent law making mechanism which is used to protect legal structure of country. The case law rules– They are justified principles of common law formed through developing facts used within particular case study. Also English legal system uses case laws for enhancing its laws in relation to overall aspect present within country. Books and Journals:These are another important source which has been used for understandingtopicsrelatedtolaw.Ithasbeenusedbylawstudentstostudy perspectives which makes them attain legal integrity within there academic career. (ii)Explainthecharacteristicsofthesourcesoflawsidentifiedabove giving examples of each These sources that has been defined above is based upon developing important perspective which makes legal system of UK enhanced more effectively. This makes originoflawdonewithvalidaspectsovercharacteristicsofsourceslaw.These characteristics are discussed as follows: Primary and secondary legislation– These are developed as those sources whichmakesrulesandregulationsdevelopedactingasbackboneofan organization. The UK legal framework including over acting rules that has been passed in parliamentary which makes primary legislation developed helping in sustainabledevelopmentpossiblewithinanorganization.Throughthelaws operationsareformedasperthelegalnatureofancountry.Thismakes legislative outcomes achieved. 3
The UK case laws– This is another important source making case law used fir developingcommonlawprincipleswhichmakesconstitution,statutesand official regulations developed in effective manner. The case laws has helped in developinglawsasperthenatureofcase.Themostimportantcaselaw regarding it is Barron vs Porter and Henderson vs Henderson. Books and Journals-They are another important law which is used for making legal studies completed by students with better understating over it. Through using the source legal perspective of students is developed in terms of academic and professional ideas. (iii)Discusstheimpactoftherespectivelawsonthemultilingual organisation The multinational organizations used laws to develop objective and goals as per global aspect. It is used for making international expansion done more effectively and leads over developing strong legal aspect. It has been used for developing policies regarding trading and agreement in terms of contracts. The mos effective law applied within organization of UK are employment laws which has helped in making employees development possible within an organization. It is used by employees for developing employment rights and duties firmed more effectively protecting employees dignity within an organization. Explain and give the features of one of the following laws: Employment law The employment law is defined as the state and federal law in order to protect worker rights, prevent discrimination and also to promote safe work environment. It is identified that almost all the business organisation uses some sort of employment law. Which helps in area of governing the law for employee and employer relationship. This is the law which has been decided by the government bodies in order to protect the people from the harmful affects there are various types of employment law which need to be followed by the organisation such as 4
equal pay act 1970, race relation act 1976, employment protection act 1979. (Mazaroff, S. and Horn, T., 2021) there are various features of employment act which is discussed below: it is very important for the business organisation to focus on the law and protect their employees from various aspect. The employment law is been abided by the government for the human rights within the workplace. It is very important that the organisation follow the discrimination act and equality among the employees. There should be no discrimination on the basis of gender, caste etc. It is also observed that there should be fixed working hours for the employees which is included within the employment law itself. (Pohler, D. and Riddell, C., 2019) 5
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REFERENCES Books and Journals Mazaroff, S. and Horn, T., 2021.Maryland Employment Law. LexisNexis. Pohler, D. and Riddell,C., 2019. Multinationals’compliancewith employmentlaw:An empirical assessment using administrative data from Ontario, 2004 to 2015.ILR Review,72(3), pp.606-635. Jain, N., 2021. The Art of Law in the International Community. By Mary Ellen O'Connell. Cambridge, UK: Cambridge University Press, 2019. Pp. x, 320. Index.American Journal of International Law,115(1), pp.183-187. Mangan,D.,2020.Regulatingfordecentwork:Reflectionsonclassificationof employees.European Labour Law Journal,11(2), pp.111-116. Panicacci, A., 2021. Multilinguals’ Verbalisation and Perception of Emotions: by Pia Resnik, Bristol,MultilingualMatters,2018,284pp.,£25.00(paperback),ISBN 9781788920049. Teague,P.andDonaghey,J.,2018.Brexit:EUsocialpolicyandtheUKemployment model.Industrial Relations Journal,49(5-6), pp.512-533. 6