Introduction to Business law
This study
will be discussing about the sources of laws and how it helps the government to
govern the country. This study will also be discussing about how the certain
laws were established and what the history of each law is. In this study, the
reader shall gain the huge information about how laws were established and what
was the purpose of establishing those laws. In this study, we would also
determine that how laws are protecting the weak members in country and they are
keeping check on strong ones.
Explain
Different Sources of Laws
There are
mainly four sources of law which are named such as legislation, common law,
European Union Law and European Convention on Human Rights. According to the
judiciary, the case law is considered as the most powerful law. Let’s discuss
these three laws with the detail in the following.
Statute
law, Custom law, EU law Common Law, Administrative laws
it can be
defined as the law which have been derived from previous and past judicial
decisions of similar kinds and tribunals. Furthermore, the British Empire made
huge efforts in spreading their English legal system to its colonies so that
they could rule that area, that law is also considered as the common law. It is
also the result of legal precedent set by the courts and judges in past. This
kind of law is totally different from statutory law and provisions, because
those are not established on the same basis (David, 2015).
In England,
when judges use the common law and apply it into the cases, they are using
their law knowledge of legal precedent while also applying the common sense
into the case. Those judges who uses the common law having too much extensive
knowledge about the past similar cases and they know very well the precedent
set by the courts in the past about the similar cases (Eccles, 2020).
It can be noted
that in Amman there are three things in law. The first one is Shura Council,
the next one is State Council and last one is Council of minister
Shura Council to Business law
It is known as
the consultative assembly of Saudi Arabia. It is also called as Majlis
ash-Shura. It is also considered as the advisory body of the Kingdom of Saudi
Arabia. If this country wanted to make any kind of decision based of laws they
used this council to apply it with perfection.
State Council to Business law
It can noted that,
State council is considered as a government body in a whole country or state of
a country. The main function of this council is varied with jurisdiction. Moreover,
it is also known as the formal name of the cabinet and it may be referred to
non-executive advisory body that is linked with the head of state.
Council of minister to Business law
It is an
important part any council. Moreover, it can be noted that these ministers are
responsible for the implementation of new legislation in Parliament related to
the main area of responsibility. They will officiate at and representing
government at the meeting. These ministers are only paying their duty on
special occasions.
European
Union Law
European
Communities Act ensures that where there is any change in its provision then it
will be applicable on the UK as law. This is because UK used to be the member
of EU and UK has to be following the EU rules as well to show the strength. Its
significance can be determined by the fact that some of the EU legislations
were directly applicable to the country United Kingdom. It clearly means that
even it was more powerful than the UK parliament in some cases. All the
countries of European Union were following the EU laws because for this purpose
they got together, so that they could be united and become the economic power.
There is no doubt that EU helped a lot European countries to grow together (Heinz, 2020).
European
Convention on Human Rights
As its
meaning can be derived from the law name; it is especially developed for
protecting the human rights and protects them all over the Europe. There are
several articles registered in the law which takes care of different aspects of
laws and human rights. The first article is itself applies the legal power to
make sure human rights are being respected in every field. The second article
states. Article 3 states about the torture and punishment or degrading
treatment to humans is strictly punishable to one who commits that (Smith, 2014). The Article 5
states about "Liberty and Security" in which law defines as liberty
as freedom to do anything except which is illegal under the law, otherwise
state or any group cannot bind any individual to not become liberal. The security
is defined as state is responsible for protecting the citizens and provides
them security. There are various laws registered in this which covers each and
every aspect of human rights.
Explain
the role of government in law making and how statutory and common law is
applied in the justice courts
The role of
government in law making have been discussed with the detail in the following.
The role
of government and parliament in the enactment of the law
The
government can be defined as the governing body which have been fulfilling its
governance duties in the country. It is the government duty and responsibility
to decide, how the country needs to be operated. They develop the taxation
policies and then they have whole public money to decide where to spend after. Taxation
laws are the most important laws because they have been directly dealing with
the funds and money; it is the basic of any economic and social development.
Furthermore, government is responsible for budgeting policy as where to
allocate the resources in the best efficient manner and then allocate them (David, 2015).
The government
develops the law through parliament where the constitution must be passed by
the majority of parliament. The parliament is supreme because they are the
representative of the people and nation. Only parliament can establish and
develop new laws which must be respected by courts. Judges make decision in the
light of law passed by parliament, this shows that too much power enjoyed by
parliament but this does not come without the responsibility. It includes too many
responsibilities which has to be taken care of (Gibbs, 2014).
As far as
statutory law is concerned, the legislators are mainly responsible for passing
them and it is passed under the body of legislator. Statutory laws are not the
normal case because it is direct opposition of the customary law, because it is
developed or created by the executive of the judiciary. Statutory laws come
into existence through the judicial courts which are the kind of dictatorship
at least it is considered in the court. The country like UK does not like the
laws developed by statutory laws but they are part of the constitution. There
is a long history of courts where they have been made the decisions decades
ago, but now the judges have been using them as precedent (Smith, 2014).
As far as
"Common Law" is concerned, the common law applicability happens when
the case arrives in the court, where judges see them as similar case occured in
the past. The judges applies the same findings as it is precedent in the past
cases, when the same findings applies then they make decisions easily. Judges
wants to make the decision and taking the help from precedent cases because
they know that the previous judges were also very qualified and they know the
things. This is the reason they do not go to the legislation and applies the
common law which have more authority. It also depends upon the knowledge level
of that judge, if that judge has been gained too much knowledge about the
previous precedented cases, then only he would be able to apply the common law (David, 2015).
It means it
is also depended upon the knowledge level of judges, there are chances that
when judges themselves do not know about the precedent or similar case occurred
in the history, this would lead them go to the legislation and they would
simply apply the legislation constitution in the case, legislation is the law
passed by parliament.
Furthermore,
the role of government is very important because they are the one who looks
after millions of population and their daily needs like food, sheltor,
electricity and others. Government can only govern through institutions which
also come under the law. This is very important because things have to be
managed and governed in the best possible manner. Government is fully
responsible for anything wrong happens in the UK because they are the most
powerful state body and they are also in parliament to pass the law. This shows
that the parliament is supreme but they are also responsible and answerable to
the courts if they do something wrong. There is also a concept that parliament
cannot make basic changes in the structure of its constitution (Pope, 2019).
Illustrate
the potential impact of the law on a business
There is no
doubt that there are certain rules which can be very beneficial for the
business houses, others are not which depends upon the cases and it vary case
to case. Even the laws are being developed and established majorly on the basis
of how can employment creation possible and improving the economy (Gibbs, 2014).
The
discussion is made about how the potential impact of law on business is
possible, discussed in the following.
Company
Law
This law is
recognized as very beneficial for the companies and businesses, because it
provides the relief through going way extra mile. Company law is used to extend
the help to companies to provide them relief from government rules and
regulations. This provides the critical support because there are legislation
and certain laws which prevents the company business growth and do not let them
exploiting the market opportunities.
Example
to Business law
Company laws are developed to
support the businesses and meeting their emergency business needs in the most
efficient manner. Company laws are developed in the wake of that the overall
general constitution cannot be looking after the micro level needs of the
business (Smith, 2014).
Employment
Law
Employment
law is also very critical and it is benefiting indirectly to the business and
directly to the employees. Employment law is developed to provide the support
to the employees working for the business organization. These laws provides the
support to those employees so that their employer cannot exploit them and do not
snatch their rights. These rights ensure that there is balanced relationship
between employee and employer that can be maintained and it is also good for
the business as well (David, 2015).
In the
absence of such laws, employer would be behaving very bad to the employees and
they would never consider them to be dealt with fairly. The employment law is
also the effort made by the government to provide the support to one of its
citizens. This is the same kind of help provided by the government to the
companies through company law. United Kingdom is the developed country where
the laws implementation is very strict, the laws are also developed in a manner
which covers the all area and complete range to look after. Employees have been
empowered so that they can go to the courts to fairly apply the employment law
and courts then can make the decision against the company (Gibbs, 2014).
This is the
reason; companies and employer do not want to mess with its employee because
they can lose big money at the time of penalties from the court. This is very
important to understand that things have to be managed in the most efficient
manner. It is very important for the employees to learn about the employment
contract as to what benefits and support they can have from employer. According
to the employment contract in general, employees are applicable for annual and
sick leaves, they can only work for eight working hours and overtime would not
be imposed, they would receive salaries on time and others. The law in UK wants
to ensure that there is everything going according to the discipline and
pre-defined rules. This is the reason courts are very strict about when things
do not happen in the right manner and they give against decision (Smith, 2014).
Example
to Business law
If company wanted to resolve
different kind of issues of an employee then they used employment law for
resolving issues.
Contract
Law
It can be
defined as written agreement between two parties which are going to be involved
in business activity, this contract has legal status and it can be challenged
in the courts. If any party steps back from the terms defined in the contract,
the other party would go to the court and charge any loss occured due to that
party. This shows that law again is providing too much support to all parties
involved into the contract, the further support would be provided to that party
which has become victim of actions of other parties (David, 2015).
Example: It is very
important to have the written contract so that there is physical evidence
available to the victim party, otherwise they would not be able to declare the
facts and claiming the loss due to stepping back from contract. Contract laws
are also established to provide the certainty in business world and industry,
in the absence of contract law there would not be any business certainty as no
party would believe each other. Therefore, contract laws are the best thing
happened to protect the business. The significance of contract law can be
recognized through that when courts have the visible physical contract law in
hands, they would make the strong decisions against that party which commits
the crime (Eccles, 2020).
All of
these laws are also very important because they provide the support to business
environment. There is higher foreign direct investment in United Kingdom only
because other countries know that they have stronger legal system where the
corruption is not possible. The foreign investor has trust over this system and
they know they would not be faded. The credit goes to the strong and strict
implementation of business laws which otherwise, there was no investment (Gibbs, 2014).
Regulations and Legislation
to Business
law
Legislation
can be defined as set of laws which can only be passed by parliament in
England. United Kingdom is the state which introduced the democracy in the
world and they always work for strengthening the parliament. This is the reason
legislations have been actively passed from parliament and it has to be
respected by the courts and judges at the time of announcing the decision (David, 2015).
Regulations to
Business law
The regulations
are considered in the form of detail instructions on the enforcement of laws.
Through this the laws are carried out. They are also referred as administrative
laws or rules. They are involved in carrying the force of law in a proper way (David, 2015).
Regulations and standards to
Business law
The regulations are considered in the form of detail instructions on the
enforcement of laws. Through this the laws are carried out. They are also
referred as administrative laws or rules. They are involved in carrying the
force of law in a proper way.
Standards to Business law to Business law
This will help
the thing to work properly according to the required specifications like
guidelines or requirements. This means that product or services will be used
according to these standards. If it is used under these standards then it will
ensure safety, quality and efficiency. For that case, there is detail document
that will provide complete information about criteria (Eccles, 2020).
Conclusion
to Business law
It is
concluded that there are several sources of laws which can be explained. First
of all, legislation is such a law which establishes in parliament where the
people representative passes the law. It is very important to pass the laws by
representative in parliament because they can better take care of common people
interest. It is also concluded that the statutory laws are those which have
been passed by the judiciary. The statutory laws are also very important
because courts want to pass them when there is no involvement ensured by the
parliament.
It is also
concluded that there are laws available which protects the businesses and
organizations. Business laws are established in order to protect the business
conditions and meet their all needs. These are especially designed because the
overall constitution cannot look after the needs of businesses. This shows that
the legal body and constitution is so much deeper in United Kingdom. There are
also employment laws which are established to provide the support to the
employees. These laws were established keeping in view that have to protect the
employees from employer, because they are weaker and would not be able to fight
for themselves. After the implementation of employment laws, they can go to the
courts and ask for the rights. This is the reason the business organizations
and companies are very fare with their employees.
United
Kingdom is best known for its strong legal implementation and such a legal
system which protects the rights of all people. It also empower the court to
take the action when parliament is not doing it might be due to conflict of
interest. Courts can keep check on parliament but otherwise, parliament is very
supreme and they are the only single body which builds the constitution. Therefore,
things needs to be improved but they are improving due to legal and
constitution in UK.
REFERENCES to
Business law
REFERENCES United
Kingdom Business Law Handbook Volume 1 Strategic Informatio. London:
Wiley.
Eccles, B. (2020,
March 09). Human Rights Really Aren’t
All That Important: Just Ask 200 Leading Companies. Retrieved May 12,
2020, from Forbes:
https://www.forbes.com/sites/bobeccles/2020/03/09/human-rights-really-arent-all-that-important-just-ask-200-leading-companies/#16db348a6e51
Gibbs, R. D. (2014). Any of Our Business?: Human Rights and the
Uk Private Sector. London: Pearson.
Heinz, P. (2020,
February 27). 13 Essential Steps When
Your Business Is Dealing With Legal Issues. Retrieved May 12, 2020,
from Forbes:
https://www.forbes.com/sites/forbeshumanresourcescouncil/2020/02/27/13-essential-steps-when-your-business-is-dealing-with-legal-issues/#33d7e5081313
Pope, S. (2019, June
14). U.K. Business Must Accelerate
No-Deal Preparations, It's Not Any Better In Germany or France.
Retrieved May 12, 2020, from Forbes:
https://www.forbes.com/sites/stephenpope/2019/06/14/u-k-business-must-accelerate-no-deal-preparations-its-not-any-better-in-germany-or-france/#418600572bc9
Smith, D. (2014). The Impact of the UK Human Rights Act on
Private Law. London: Wiley.