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Different Sources of Business Law

Different Sources of Business Law

Business world is very challenging and complicated. So to stay with full preparation and maintain a business properly it is important to learn about business law. As a responsible citizen of any independent country knowing about law and regulations are the duties of people. If the citizens know about law properly there less crime will take place (Abbott, Pendlebury and Wardman, 2013). The study is very beneficial to learn and understand the sources of business law in a easy way with examples.

To demonstrate the different sources of business law

There are basically six sources of business law commonly found. They are:

Case or Common law: Case or common law is originated from England. It refers to the laws which are made as precedents by judges. Rulings and decisions taken by the courts. They become binding for the jurisdiction’s system after that (Abbott, Pendlebury and Wardman, 2013). The lower courts need to stand by the previous decision of higher court for the future references which is similar in nature.

Statutory law: It is a law introduced by the legislative of the government. They can be modify, change, abolish and delete as part or whole in the Common law. The powers of the legislature are secured and controlled by the constitution of that country. It is done to ensure that the laws cannot breach constitutional provisions (Claire Moore Dickerson and Janis Pearl Sarra, 2014).

Administrative law: Administrative laws are the source of law which is developed by different state agencies of the country with the power to perform and work according to those laws. Such as; Regulatory bodies/ agencies.

Court rules: Court laws established by the highest court of UK and the legislature. It is the way to provide make proper judgement and rules for treating with the criminal and civil procedures to work on court processes (Claire Moore Dickerson and Janis Pearl Sarra, 2014).

The constitution: The constitution is the supreme law of any country. It is not possible to pass or enforce any kind if law if they contradict or conflict with the Constitutions. It is the most important set of laws for all. It necessary, amendments to the constitution can be done depending on the procedural provisions given in the constitution. Sometimes in some countries it is important that the amendments go through a public referendum to change or do any kinds of modification (Macintyre, 2018).

The legal system: The UK is known as a constitutional monarchy. The Head of State is the monarch for the country whose duties, functions and powers are described and decided by the convention. One of the conventions of the monarch is to stay politically neutral. England and Wales both are operated based on the common law system. It is the combination of passing legislation and creating precedents through case law (Claire Moore Dickerson and Janis Pearl Sarra, 2014). The laws are established by the passing of legislation in the Parliament operated with the House of Commons and the House of Lords. The House of Commons are elected by the people directly and the Prime Minister is the member of this House. The Court System and case law are controlled by the judiciary separated from the parliament.

Rule of law: The rule of law refers to the fundamental doctrine by every individual. They need to obey and submit to the law. In essence, there is no person is above law. The United Kingdom does not have a written constitution but the rule of law, with the Parliamentary Sovereignty and court rulings, define the principles of ‘unwritten constitution’ of UK law. The fundamental value and principles of rule of law are fairness, legal certainty, equality etc. (Claire Moore Dickerson and Janis Pearl Sarra, 2014)

How laws evolve: The United Kingdom have no single document on British Constitution. There constitution formed by variety of documents made from hundreds of years. Their documents building on different legal precedent set by its predecessor. In recent times the acts of Parliament, treaties, common law court rulings, royal prerogative, and EU law etc. are also formed based on the British Law and constitution. The charter of liberties, Magne Carta, The petition of right, The bill of right etc. are the most important documents to work on the law of UK.

Who they protect: By the law, treaties and constitution they try to protect the people of the UK and ensure their right and responsibilities of law. The law also abide by the proper rules and regulations for the people of UK.

Separation of power:

Whereas the rule of law refers to the fundamental doctrine by every individual, then the separation of power refers to the separation of legal bodies to take necessary steps against criminal offence, or violation of laws.

Jurisprudence-Decay-Bentham: Bentham’s cosmopolitanism in its legal aspect, it is one of the important aspect of international jurisprudence. This article contributes in the role of universal jurisprudence doing the close assessment on the both its expository and censorial modes based on their cosmopolitan qualities

List of Laws:

References

  1. Abbott, K., Pendlebury, N. and Wardman, K. (2013). Business law.Andover: Cengage Learning.
  2. Claire Moore Dickerson and Janis Pearl Sarra (2014). Challenging borders in business law : the scholarship of Claire Moore Dickerson. Vancouver, Canada: University Of British Columbia Faculty Of Law.

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