UK Legal System: Classification, Sources, and Impact on Businesses

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This report provides an overview of UK laws, focusing on their classification and sources, including legislation, case law, and parliamentary conventions. It examines the characteristics of these sources, such as the flexibility of legislation and the role of precedent in case law. The report also discusses the impact of UK law-making processes on commercial organizations, particularly concerning employment law, highlighting the importance of adhering to legal guidelines to avoid penalties and ensure fair treatment of employees. The report concludes that the UK has adopted an effective law structure, creating a conducive environment for the public and guiding commercial practices.
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INTRODUCTION
The present report will highlight the major concept about the UK laws. The classification of
UK laws will be done. The sources of law will be examined also, the major features of the
sources of law will be highlighted. Furthermore, UK law making process impact over
commercial organization will be described.
1- THE UK CLASSIFICATION LAWS
1.
Law refers to the legal action that must be followed by every person. UK laws have been
arise from the laws that has been applied to United Kingdom or citizens who are living in UK
(Arrowsmith, 2018). In context of law in UK it has been said that an independent, impartial
judiciary and the presumption of innocence. It is the right of fair and public trial without the
undue delay.
2.
United Kingdom law is classified or division into two essential parts, and these are contract
and employment law (Kun, 2021). Contract law is defined as a specific contract or agreement
between two or more parties, which may give rise to obligations that are recognized and
enforced by law. Employment law is defined as strategic way of protecting and preventing
employees from illegal activities.
Characteristics of contract law-
The key feature of contract law is it encompasses different terms such as acceptance,
capacity, legality, etc. that enable a partner to obtain desire outcomes and prevent from being
falling in illegal issues. Mutual assent that may express by a suitable offer and acceptance, are
also included in category of contract law feature that provide a lot of benefits to users
(Rawindaran and et.al., 2021). It may affect positively upon individual user in term of aim
achievement, which is essential for a person to do that.
Features of employment law-
The best thing about employment law is that it encompasses main rights of individuals in
term of protecting against automatic and ordinary unfair dismissal that may put adverse impact
on their growth and success in the business world, where they can grab the best employment
opportunity. It can be said that the main area of employment that may include contracts of
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employment, holidays, and working hours that a candidate may consider before working in a
company effectively and productively.
3.
The three different legal system in UK are associated with the one each for the England
and wales, for Scotland and Northern Ireland. English and wales laws are mainly determined by
the court in England and wales. It mainly rules in both the Civil and Criminal context. English
and wales law are mainly based on the principles that has been deprived from the common law.
Thus, English and wales law has its doctrine.
Scotland laws are concerned with unique system law that is based on the ancient Roman
law. It is mainly featured on the common law and medieval sources. The cabinet secretary for
justice that is member of Scottish government is mainly responsible for the Police Scotland and
for the criminal justice that manages the prison in Scotland.
Northern Ireland is referred as common law system which is administrated by the courts
in the Northern Ireland. The sources of law in the Northern Ireland are associated with the Irish
common law and the statute law.
1 THE UK SOURCE OF LAW
1.
In UK the hierarchy of the principle sources in the English legal system are
Legislation consist of primary and secondary
The case law related to common law and equality
The parliamentary conventions
The legislation has been determined as the prime source of the law which is consist with the
declaration of the legal rules in a competent authority. The legislations are entitled with many
purpose. Thus, the parliamentary legislation enacts the law and amends it. The legislation can be
delegated. However, major legislations are restricted by nation’s constitution. The case law re
based on the English common law (Norton, 2019). Judgement has been passed by the judges
within using this law. However, the precedent has the advantage and flexibility as well.
Therefore, in some cases the judge focus on justice rather than law. The parliamentary
conventions are not the strict law. However, their breach might lead to the breach of law. House
of lords and house of commons enacts the law within making numerous discussions.
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2.
Characteristics of the sources of law:
Legislation consist of primary and secondary
The major features of this source of law are associated with- flexible, uncodified and
traditionally unitary and debatable in union state. It is based over bedrock of major doctrines and
the principles. The court also implements some of the decision on the basis of the bedrock
principles of the common law (Henshall and et.al., 2021). The primary legislation is the act of
the parliament and the statutes. Whereas, secondary legislation are the orders, rules and
regulations.
The case law
The case laws are the laws which is passed by the courts and mainly decided by the
judges in the court. Within deciding the major disputed points of senior court the law can be
change and can clarify the law. Afterwards, the other courts are bound to follow and must be
applied in the later cases.
The parliamentary conventions
Parliament had been determined as the bicameral but it is mainly associated with three
parts which is consist of the sovereign, House of Lords and House of Common. The session of
parliament is being convened once in the year. When the House of Lords meet then only Lords
can take part in meeting. The session of the parliament is mainly begin with the speech from
throne.
1- GIVING EXMAPLES HOW UK LAW MAKING PROCESS IMPACTS
THE COMMERCIAL ORGANIZATION
The UK Law making process provides direct impact over the commercial organization. The laws
are enacted in terms of guiding the commercial organization that what needs to be done by them
and what not. The clear guidance has been provided to the commercial organizations so they can
focus over their practices within being in the legal guidelines (Haines, 2018). The procedure of
working has been impacted in the commercial business with the law making process in UK.
Employment law in UK mainly guides the rules and ethics that must be adopted by employer and
employees in order to perform practices in legal manner.
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The employment law clarifies the rights of employees that lead to protect them against
wrong practice that has been performed towards them by employees. Thus, not following
employment law can directly create the large number of penalties for the organization which
results in creating huge loss for company. The major rights of employees such as- working
hours, pay rate, holidays and so on elements have been determined in employment law. In case,
the organization exceeds the working hours of employees (Collins, 2010). Then, it might impact
the operations of commercial organization as the element that has been mentioned in
employment law has been ignored here.
Furthermore, discrimination among employees and treating employees on the basis of
judging them has been considered as wrong in employment law of UK. Thus, commercial
organizations need to focus over this and needs to treat employees with respect and dignity
otherwise harm has been created to business. The law making process in UK impacts the
practices of commercial business as the guidelines are mentioned in the laws that has to be
followed by the organizations.
CONCLUSION
The above report has concluded that UK has adopted the effective law structure that is
enabling UK in terms of creating effective environment for public. Also, the sources of law have
been highlighted in report. Furthermore, impact of the law making process on the commercial
organization has been described.
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REFERENCES
Books and Journals
Arrowsmith, S., 2018. The Law of Public and Utilities Procurement Volume 1 & 2: Regulation
in the EU and the UK. Sweet and Maxwell.
Collins, H., 2020. Employment law. Oxford University Press.
Haines, A., 2018. UK considers closer links between employment and tax rules. International
Tax Review.
Henshall and et.al., 2021. 1 Overview of Legal Framework 1.1 UK Transfer Pricing
Legislation. Intangibles in the World of Transfer Pricing, p.603.
Kun, E., 2021. Is Insisting on Specific Performance under Smart Contracts Desirable under
English Contract Law? Inflexibilities of Smart Contracts and Potential Solutions.
Digital L. Rev. 3. p.139.
Norton, P., 2019. Post-legislative scrutiny in the UK Parliament: adding value. The Journal of
Legislative Studies. 25(3). pp.340-357.
Rawindaran, N and et.al., 2021. Cost Benefits of Using Machine Learning Features in NIDS for
Cyber Security in UK Small Medium Enterprises (SME). Future Internet. 13(8). p.186.
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