Analysis of Business Law: Sources, Government Role, Local Impact

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This report provides an overview of business law in the United Kingdom, focusing on the primary and secondary sources of law, including legislation, case law, and European Union law. It examines the UK government's role in the law-making process, detailing the stages from discussion to legislation to royal assent. The report also discusses the impact of company law, employment law, and contract law on local businesses, citing examples such as the Companies Act 2006 and cases related to employment contracts. The report concludes by emphasizing the significant influence of these legal frameworks on business operations within the UK.
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Business law
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Table of Contents
Introduction.........................................................................................................................................3
Sources of Law..................................................................................................................................3
Role of government in law making....................................................................................................4
Impact of law on the local businesses................................................................................................5
Conclusion............................................................................................................................................6
References............................................................................................................................................7
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Introduction
Law refers to the system of rules that is regularized by the country to
control the behaviour of the actions within the country. There are
different sources of law that. United kingdom law making process is
very effective in terms of creating a law and implementing as an act in
the country. This presentation will discuss about the different sources
of Law and the process of law Kingham with example. This
presentation will also discuss the impact of company, employee and
contract law on the Local business of the United Kingdom.
Different Sources of Law
There are various laws that plays an important role in the business.
Laws are made by the government and that have major impact on
the business. Following are different sources of the law.
European Union Law : It is a system of rules and regulations that
is used to operate the member state of European Union. European
union law helps the member countries of the EU to trade easily
among the countries safely and effectively (Hendry and et.al.,
2019). The Eu law relates to the wide range of different matters
that include from agriculture law to competition law. For
Example- EU legislation such as regulations and decisions are
directly applicable as law in an EU member state, these type of
legislation applied automatically in the county of United Kingdom
under section 2(1) of the European Communities Act 1972.
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Parliament and common Law: It is consists of rules that govern
the behaviour of human beings within a civilised society.
Common sources of plays can be described as primary and
secondary sources.
Primary Source: It refers to the Legislation that is act of
parliament, statutory instruments, orders n council (Arrowsmith,
2018). Case law are also primary source parliament and common
law. It refers to the laws that are made by the higher court or
decisions ODF the courts that are followed and applied by less
senior courts in order to control the behaviour of human beings
and institutions in the United Kingdom. For Example- Public
General Acts, Local and Personal Acts.
Secondary Source: It refers to the source of the law that is
recorded in the textbooks and commentaries by legal writers.
Secondary source of the law also include opinion of legal experts
and decision of the court of other jurisdictions. For Example-
Quasi Legislation
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. ROLE OF GOVERNMENT IN LAW MAKING
Government of United Kingdom is very concern about the law
making process in the countries. Steps taken in the law making
by the government of the country are as follows:
The Discussion to Legislate: For each session of Parliament the
government will have a legislative programme (Joshi, 2020). It
refers to the plan of bills that will ask parliament of the United
Kingdom to consider in the session. Proposal for a bill that is
included in the legislative programme must submit a bid for the
bill to the Parliamentary Business and Legislation. If cabinet
agree to the provisional programme, PBL committee will review
it in the lead up to the beginning of the session.
Preparation of the bill: If the slit is given o the bill in the
legislative programme than the department will Paparore the bill
team to co-ordinate its creation and passage through parliament.
The team will consist of a bill manager and other officials that
will be working on the bill. Some provisions in the bill may
consideration from the department other than one that is
sponsoring the bill.
Towards Introduction: A bill cannot be introduced until it
has been specifically cleared for the introduction by a meeting of
PBL committee (Guest and Clinton, 2017).
Towards Introduction: A bill cannot be introduced
until it has been specifically cleared for the introduction by a
meeting of PBL committee (Guest and Clinton, 2017). Every
bill need to go through the parliament business and
legislation. These committee consider the final draft of the
bill together with the range of other documents. If the PBL
committee is satisfied with the bill than other legal issues in
the bill are resolved.
Parliamentary Stages: Most of the bills are either begin with
the House of lords or House of Commons. Government
makes decision on the basis of the need to make sure each
House has a balance programme legislation to consider each
session. However, some bills also begins in the Commons
such bill that has aim of imposition of taxation.
Royal Assent and beyond: the bill that has been passed by
both house once becomes law once and it has been given
Royal assent and signed by the Parliament then it becomes
an act. Most provision in an act will come into operation
within a set period after Royal assent. It gives time for
preparation to the government and the people who are going
to directly affected by the act.
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EXAMPLE OF FISHER V BELL
The case is concern with a flick knife displayed in a shop window.
Lord Parker acquitted under the restriction of Offensive Weapons Act,
1959, even though it was exactly the sort of behaviour that Parliament
intended to stop (Latham, 2020). He justified his decision because the
draftsmen knew the legal term invitation to threat but failed to include it.
To respect Parliament's sovereignty he had to infer that they had left it out
on purpose.
IMPACT ON THE LOCAL BUSINESS
There are various impacts of the laws on the local business in the country.
Following is the impact of the laws on the local and domestic business in
United Kingdom. Company Law: It refers to the policies that prepared for
companies to control the behaviour of the business in the country. The
company Act 2006 impacted the local business in various ways as the
duties of the company directors were clarified for the first time. It
included the responsibilities of the directors towards their stakeholders
(Fröwis and et.al., 2019).
The law provide facility to the company that it will be able to
communicate with the shareholder by electronic means if desired. The
major impact of the company act 2006 on the local business was that all
companies must adopt Articles and a memorandum of association when
forming a company.
Employment and contract Law: It refers to the rules and
regulation that provides facility and security to the
employees that are working in the organization. Contract
and employment law had a huge impact on the local
business of the UK (Hardman, 2020).
It stated that the employees and employers must stick to
the contract until it ends
For example - Appeal against a Court of Appeal
judgment which overturned the ET and EAT decisions
which had ruled in favour of the employees that the direct
offers made to them by Kostal contravened section 145B
of the Trade Union and Labour Relations (Consolidation)
Act 1992. Appeal allowed and the decisions of the ET
and EAT were restored.
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References
Arrowsmith, S., 2018. The Law of Public and Utilities
Procurement Volume 1 & 2: Regulation in the EU and the
UK. Sweet and Maxwell.
European Communities Act 1972, 2021. [Online]. Available
through
<https://www.legislation.gov.uk/ukpga/1972/68/contents>
Fröwis, F., and et.al., 2019. Does large quantum Fisher
information imply Bell correlations?. Physical Review
A, 99(4), p.040101.
Guest, D.E. and Clinton, M., 2017. Contracting in the UK:
Current research evidence on the impact of flexible
employment and the nature of psychological
contracts. Employment contracts and well-being among
European workers, pp.201-22
Hardman, J., 2020. The Companies Act 2006: It's time to
complete the transition. The Company Lawyer, 41(4), pp.93-
97.
Hendry, A., and et.al., 2019. Assessing the characteristics
and drivers of compound flooding events around the UK
coast. Hydrology and Earth System Sciences, 23(7), pp.3117-
3139.
Joshi, M.D., 2020. The use of country guidance case law in
refugee recognition outside the UK. Forced Migration
Review, (65), pp.32-32.
Latham, S.R., 2020. The United Kingdom revisits its
surrogacy law. Hastings Center Report, 50(1), pp.6-7.
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