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Report on the sources of laws and how it helps the government to govern the country

Category: Law Paper Type: Report Writing Reference: APA Words: 3100

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.

 

 

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