Vineet Kumar answered on
May 25 2020
This report helps to the foreign business owners to identify the legal system and related basic in the concern of the English business law. This report, therefore, deals with two elements related to English Law. The first part of this report explains the sources of English business laws as well as some important laws that are most important for a business to run business activities in the UK market. This part also discussed the role of government in the lawmaking and their impacts on the business activities.
Explanation of Sources of Law
The basic concept of any law is to maintain the enlisted behaviors of people within a structured society. In this context, any rule violation can result in a penalty on the violator. The selected of punishment can be in form of financial or physical and it is decided by the level of crime (Slapper and Kelly, 2016). Moreover, the court of justice identifies and measures the level of laws violation. So, the existing law system of English deals with following major types which are below explained:
The first source of English Law is a Common law. The foundation of this law sources is the decisions made by the various courts and develop by different tribunals. This law is used to operate under the cardinal rule to provide similar treatment to people who had been provided in earlier similar circumstances to others. Judges make a judgment in their capacities which set a legal precedent form and will help to solve the issues in future cases. Sometimes, judges use the earlier decision made by other courts and judges to reach their decisions. Since there is an important role of judges in the societies due to their elite position, the law of England enjoys considerable confidence. English law has given the superiority to the Supreme Court of the country that means only it has the power to review decisions of lower courts.
Statutory law is the main source of English Law. It takes place due to the activities of parliament. Parliament has right to make or unmake any rule to address the necessities related to laws in the societies. Parliament is also used by the government to address the political plans. Parliament passes ACTs that is secondary legislation that takes place over the jurisdiction power of the courts and other authorities (Lowe and Potter, 2018). For example, the statutory law includes the review of the legislation of punishment. As per the English Law, murder is justified by the penalty of death under the rules of common law. However, parliament has the right to reduce the level of punishment.
For English Law, EU is an important source. This is because the UK has signed various treaties with EU or its member countries and has also adopted several EU related legislation that has applied in the EU member countries. It means any changes in the EU laws also force the UK to make changes in the laws (Slapper and Kelly, 2016).
Convention of the EU is another important source. This source had been effective since the introduction of the Human Rights Act of 1998 (Ziegler, Wicks and Hodson, 2015). As per this, the court of the UK has to follow the rules of the EU when any case related to the Convention will be under consideration. There is another convention which is related to the Child abduction that the courts of the UK look towards the EU laws.
Before the implementation of Brexit, UK was responsible to follow the rules and regulations of the EU, but now the UK has its own rules that should have to follow the business of EU member countries. The rules in the UK are just different from the EU. For example,
Role of Government in Lawmaking
In the UK, business laws are generally driven by the government or its related agencies. For making the laws, the government of the UK follows its agenda which has been discussed with the public in the general election already. In this context, the government also considers the situation related to socio-economic, and the view of other political parties to know the exact reason and problems that are directly or indirectly related to the government’s agenda for lawmaking (Russell and Gover, 2017). After this, the government identifies the main issues to the societies. After this, the government starts the negotiation with the political parties in the parliament to introduce the issues or agenda related to the communities with the report of their impacts on the social structure or society people. Then government
ings a bill in parliament to get royal consent and after its approval in different sections of parliament. The bill transforms into an appropriate act (Russell and Gover,...