Understanding UK Legal System and Sources of Law

BMP4002 Business Law
Assessment 1
Legal System for Business
Law
1

Contents
Introduction 2
Part 1: Classifications of Law p-p
Define laws and identify the respective legal systems in the UK
p
Explanation with examples the following as means of classification of laws
in the English Legal system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal system
p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanation of Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
2

3

Introduction
Law is an essential important tool to regulate a nation. In English Law, there is
different legal system for three different provision such as England & Wales, Scotland and
Netherlands. All of them have different judicial system or legal system. Law can be public or
private. The role of Court in English system is also very important the supreme court is
incorporated recently in October whereas the High Court is the third largest court which is the
court of appeal (Sharma, K., 2019). The sources of law is from where the law is derived and
case laws in English is one the forms from where law is made. Delegated legislation is
secondary legislation. The rights and duties of the employer and employee is also protected
by the English Law.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
1.1 Definition of law- The perfect definition of law is debatable. Since time immemorial a
binding authority which regulates the society is formally recognized and maybe termed as
law. Law is a set of rules made by the legislature, which is enforceable in the court of law.
Every country requires a set of rules and regulations to establish and maintain the relationship
of state and its citizen. Law can thereby termed as the governing body of a country which
regulates the country to check the societal behavior of its citizen.
1.2 Legal Systems in the UK- Legal system is a process which is used for interpreting,
implementing and enforcing laws of a country. UK has a monarch and not a president, who
acts according to the convention. This means it is common to all. It was incorporated by King
Henry II in the year (1154 – 89). England and Wales have a common law system which is
amalgamated by the mixture of both the legislation and the precedents declared in case laws
(Partington, M., 2021). Such laws are passed by the head of the State, the House of
Commons and House of Lords. There is a very diversified approach as England and Wales,
Scotland and Netherlands have all different judicial system. There is a similarity between
England & Netherlands judicial system but Scotland has a more hybrid approach which
comprises of both common law and civil law systems. It follows a more independent system.
It also derives similarities from the Rome Dutch Law.
Explanation with examples the following as means of classification of laws
in the English Legal system
4