Legal Sources for Business & Tourism: An Analysis of the UK System

This essay provides a detailed overview of the English legal system and its sources of law, categorized into primary and secondary sources. Primary sources discussed include legislation, case laws, common law, the European Union, and the European Convention of Human Rights. Secondary sources encompass judicial precedents, court observations, commentaries, and legal writings. The essay emphasizes the importance of these laws in guiding societal behavior and ensuring organizational compliance, ultimately fostering public trust and maintaining law and order within the country. It also explores the historical context and evolution of common law and equity, highlighting their roles in shaping the legal landscape. The document is contributed by a student and available on Desklib, a platform providing study tools for students.

Business
Organizations Tourism
and Events
Organizations

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................7
References:.......................................................................................................................................7

INTRODUCTION
Laws can be defined as a set of certain rules and regulations that are designed by the law-making
authority in order to maintain law and order in the country. All the citizens of the country are
required to comply with all sorts of laws that are drafted by the legislature. The statutes forbid
unlawful activities all over the state. And if any person performs any illegal act, then that
individual would be penalized for the same (Partington, 2021). The punishments differ according
to the type of actions committed by the offender that is civil or criminal. Compensation will be
charged in the former case and punishment or fine in the latter. The following essay will discuss
about the English legal system in which sources of law are defined. It basically means the
origination of different legislations that are divided into primary and secondary sources of law.
MAIN BODY
There are three fundamental purviews in the United Kingdom which are divided into different
categories or these are independent general aw sets. It includes Britain and Wales, Northern
Ireland and the last one is Scotland. There are different regulations, legal advisors, judges and
court frameworks of different administrations. Regulations that are applying to specific
jurisprudence assume that they have been coming from regulations applied to a similar or
different domain including the act of statutory instrument or parliament instrument. There are
different court in different purview which needs to select the cases in a unique manner in
opposition to different wards but the final interest of all of these is for the supreme court of the
UK.
Also, during the devolution course, different types of varieties came for the laws related to Wales
as well as others in England and also among different districts in England. Parliament
demonstrations result in the creation of results in a surprising manner at different types and also
in different pieces for purpose of the purview of the Wales and England (Wilson, et.al, 2020).
This article is related to principally about different laws set in England and Wales, however there
might be similitude with different jurisdictions.
Sources of law
Regulations is a part and characteristic which reflect the guidelines for the administration of
ways in which people of the civilized need to behave. Not at all like logical regulations belon
and recognized from a different perception of the people of the material universe. The insights

belong from them can change. Legitimate regulations are the ones that are announced and
chosen by individuals and can also be changed through the additional participation of humans. It
is valid and cannot be changed whether the law avocation is political, strict or philosophical.
There are different categories of the source of these laws which includes the primary source and
secondary source of law.
Primary sources of law
legislation: It helps in choosing, correcting and cancelling regulations implying that it has
different capabilities and abilities that, eventually, will work with legal arrangements and
functional cycles. It is perhaps of the greatest body in the country and direction with all parts of
the general set of laws. Essential regulation and designated regulation of the two classifications
in which regulation is parted. Besides the European Union, it acts as the top law-making body.
Refreshed regulation has lawful bodies that have command over the assembly. For Example-
legal instruments, rules or acts of Parliament, Orders in Council and others.
Case laws: Case Laws additionally go about as the origin of law in deciding the course of the
legal framework in the UK. Case regulation can likewise be of two kinds, first is. where the
adjudicator applies his legal brain to come to a specific choice. Second is, the appointed
authority applies his psyche and as likewise makes a Common Law. The case regulations are
restricted upon the lower courts (Farahani, Bahadori Jahromi and Asgharian, 2021). There are
many driving cases in the UK which has directed the way into UK legal framework. For instance
- M'Alister (Donoghue) (Pauper) v Stevenson (1932) – It is the main milestone judgment settled
on 26 May, 1932 where a snail was found in the larger bottle after pouring it into the glass by the
distressed. It was laid out for the situation that organizations to act with obligation and care
towards its client. The common regulation misdeed of carelessness was laid out. For example- a
choice made for purpose of greater courts or "courts of record". It creates restriction and also
follows and apply through the senior courts.
European Union: The European Union was established to serve the prerequisites of its
individuals which turned out to be clear after the situation of universal conflict that is the second
world war. Regardless of the fact that this association was intended to prevent struggle,
individuals began acting more humanized. This is comprised of 28 countries, and subsequently,
each one of these countries overpowers its worldwide market. Considering that most of the
developed countries are essential for this association, it additionally helps in strengthening

markets all around the world(Gordon, 2020). Furthermore, the thought was to develop peace and
harmony and stopped fights between all countries.
European convention of human rights: The main goal of the European Union is to meet the
concerns of the members and keep up with world harmony. The principal justification for
holding this determination is to work on everybody's personal satisfaction and cultivate peace
among countries. This affiliation explicitly pays special attention to the viable joining of basic
freedoms regulation and practices inside business associations and different areas. Common
liberties or one thing that requires cautious discretion, and as society changes, new adjustments
to be made in every case.
Common Law: This division is significant for the initiation of regulation since it applies the
lawful interaction to wound list by before choices. Parliamentary activity will create a wide
perspective. This customary regulation existed in the past before the notable legal framework
was made. The kings were the most elevated positioning authority in the ruler’s government, and
the norms and regulations made by him are obligatory on the citizens to follow till the time the
king presides over the reign. Common laws are very well considered among the most often
noticed regulations, they put every regulation aside and sometimes enact really outstanding
legislations that could not be questioned by anyone (White, 2022).
The secondary source of law
According to the Course books and analyses by legitimate authors, legitimate specialist’s
assessment as well as the choice of courts of the judgment of other jurisdiction that is treated as
enticing and considered a choice by the course, the court needs to do such things.
Common law and statute:
It is the law proclaimed through judges which is from custom as well as point of reference. It was
initiated as the lawful changes made by King Henry. This change was made in the twelfth
hundred years. It was classified as "normal" since when it applied similarly in all over the
country The regulation related to the reference of restricting point when the courts need to follow
as well as apply the different standards to be pronounced in past cases selected by additional
senior courts. These courts are also known as "courts of record", which was also known through
the Latin saying "stare decisis". Incorporation of the common law both considerable guidelines,
like the offense of procedural ones and homicide. For example, court method rules got from the
intrinsic locale of the court.

Regulation guidelines that are Custom-based might be displaced or supplanted through
regulation. These regulations is related to "trump" or outweigh the precedent-based regulation.
Offenses related to burglary is one of the regulations like in relation to the old regulation offense
of robbery is customer based and are currently represented through the Theft Acts like1968,
1978 and so on. The first punishments for purpose of homicide which is however not the real or
actual offense but were replaced through resolutions. for instance, the Homicide Act 1957.
Different types of breaking points are there which are related to the degree that is precedent-
based regulation adjudicators, but innovative or "persuaders", can result into change for the
existing or obsolete regulation. In the context of the event is to occur on basis of rules.
According to this situation, only the Parliament can be made the change in the law. Change
requirement also results in the frequency following of the examination time and conference
through the Law Commission. It was positioned in form of a survey and also it proposes a
change to deficient or the old regulations (Cygan, Lynch and Whitaker, 2020).
Common law and Equity: The customary regulation provides direction to ruler's courts in a
general manner. The value created in this was in form of different arrangements of
predominantly different optional cures which can be controlled through the Lord Chancellor,
frequently as an approach. It results in enhancing the bad form completed through the different
rigid principles of the custom-based regulation (Hanretty, 2020). Different Fair ideas are
included in this, for instance, trusts are a feature that is managed as the matter related to the
Chancery Division presented in the High Court. The Judicature Acts of 1873-75, when combined
with the frameworks of regulation and value, do not again need to be treated as discrete wards as
well as both legitimate and even-handed cures need to be handed over to the different courts.
All these laws are developed by the government in order to protect their citizen and ensure they
are behaving in the right manner with each other. It is essential in order to maintain the law of
order and the peace in the country. It is one of the important components which create trust of
people over the government as they will help their citizens and protect them from unlawful acts.
Different types of laws and regulations are made by the government and in order to implement
these, they need to adopt different ways. It is done with the aim to provide justice to the people
and also provide them satisfaction with the results to be made by the courts. These courts need to
focus on equality which will enhance the trust of people and create hope in minds of people to
get justice from the court. A person can apply for all these laws until they do not feel they are

satisfied with the decision made by the courts. It is essential for the government in order to
enhance the trust of the people. But in order to get the justice, people needs to follow proper
instruction and guidelines to be made by the government related to different laws.
CONCLUSION
The conclusion drawn from the above essay is that the English legal system contains various
sources of law that are majorly divided into two parts that is primary and secondary sources of
law. Primary sources include legislation, case laws, common law, the European Union, European
convention of human rights. On the other hand, secondary sources of law contain judicial
precedents, observations of the court, commentaries, legal writings by different authors who
holds specific knowledge of this particular field, articles published in journals, etc. All these laws
are important as it provide guidance to people living in the society about how to behave in an
effective manner. It is also important for the organisation to consider these laws and regulation in
their business. It is also important for them in order to raise the trust of people which is one of
the most important components for an organisation.

References:
Cygan, A., Lynch, P. and Whitaker, R., 2020. UK parliamentary scrutiny of the EU political and
legal space after Brexit. JCMS: Journal of Common Market Studies, 58(6), pp.1605-
1620.
Farahani, M.S., Bahadori Jahromi, A. and Asgharian, M., 2021. Components of government
intervention in regulating the legal profession; Case Study: The English Legal
System. The Judiciarys Law Journal.
Gordon, M., 2020. Referendums in the UK constitution: Authority, sovereignty and democracy
after Brexit. European Constitutional Law Review, 16(2), pp.213-248.
Hanretty, C., 2020. A court of specialists: Judicial behavior on the UK Supreme Court. Oxford
University Press, USA.
Partington, M., 2021. Introduction to the English legal system. Oxford University Press.
White, S., 2022. Brexit and the Future of the UK Constitution. International Political Science
Review, 43(3), pp.359-373.
Wilson, S.,et.al, 2020. English legal system. Oxford University Press.