Sources of the UK Law - Essay Example

?Sources of UK Law Legislation. 2. Case law. 3. The European Union. 4. Custom. These are fundamental sources. They provide a source to make a piece of law. Among them, the first source is legislation. The Parliament of United Kingdom is authorised to produce new laws. These laws first pass different phases. After passing these phases, a bill can become an Act of Parliament. The authority of law making is the right of the Parliament. No courts can challenge the rules made by the Parliament. This level of authority lies in the doctrine of Parliamentary Sovereignty. The Parliament of United Kingdom can make whatever laws it wishes. There are number of areas where the legal rules of the Parliament of United Kingdom are applied. Public Acts are made by the Parliament of United Kingdom, and they are related with the issues relating with the general public. On the other hand, Private Acts are those Acts that encompasses the legal structure for the private or particular institutions or individuals. Furthermore, the Acts of Parliament can be identified with the functions. For example, sometimes, the members of Parliament are required to discuss new rules, to change or amend or modify the existing legal provisions. Also, Consolidating Legislation is made to consolidate the provisions previously consisted of different Acts. It was the use of this Consolidation Legislation that created the Companies Act 2006. Case Law This type of law is created by the judges during the process of deciding cases. In the case law, there are two important doctrines. One is stare decisis or binding precedent and second is obiter dictum. Stare decisis or binding precedents are the previous decisions, which are those precedents that are needed to be followed by the courts, which are either equal or above them in the court hierarchy. The doctrine of binding precedents lies at the heart of the legal system of United Kingdom (Exam-kit, ACCA F4, 2007-08).And in the case of obiter dictum, the courts are not bound to follow them. In the legal matters, the case law are of great important and they provide sufficient amount of guidance to carry out the process of legal nature in case any legal problem is arrived. The European Union The United Kingdom is a part of the European Union. After joining the European Union, the citizens and the United Kingdom have obligation to follow the related rules of the European Union. The important areas where the rules of European Union are applied and which are relevant are: international agreements, internal treaties and internal protocols and the decision of the European Court of Justice. Custom Custom is a set of old laws. ‘Much of how Parliament does its business is not determined by rules but has become established through continued use over the centuries’- this is known as custom and practice (UK Parliament). These laws are followed for years. These are the local customs which have been in existence since time immemorial. There are many limitations in this source. As a result, there are less chances of this source to provide a reasonable current and future source of the contemporary law in United Kingdom. Effects of Legislation on business Legislation has some positive and some negative impacts on business. As we know there are two types of legislation- primary legislation and secondary legislation. Primary Legislation is carried out and done by the Parliament of United Kingdom. And, the Parliament has delegated the process of secondary legislation to some person or somebody, or a business. Secondary legislation is also called as delegated legislation. The rules and laws made by with the help of secondary legislation have same legal force and have some legal effect as the Acts of Parliament. With the availability of delegated legislation, a business can make any rules and regulations that it finds reasonable and appropriate as long as they do not contradict with the rules and provisions of Acts of Parliament. If the rules passed with the help of secondary legislation contradict with the rules and provisions made with the help of primary legislation, in that case, the rules and provisions of Primary legislation will prevail and they will be accepted and followed instead of the provisions and rules of the secondary legislation. This means, all relevant points and actions relating to the business can be done and made with the help of secondary legislation by the business. One particular benefit of secondary legislation for business is that businesses have been given a right and authority to make certain rules and regulations of its own choice. The businesses have an opportunity to determine and enforce its own policies and procedures. And the main disadvantage for the business is that it’s any provision or policy that directly or indirectly contradicts with the rules and provisions of primary legislation, in that case, the provisions of primary legislation will be considered final hence, the business may suffer due to its contradiction with the primary legislation. Case law has also some positive effects on business. Sometimes, some legal situations occur. And the businesses are required to face and handle the problem of legal situations. Legal situations may arise between a business to business or a business to customer and so on. Under this situation, a dispute arises between the parties. Now, the dispute cannot be resolved without the help of the legal support of the courts and legal procedures. It is the part and role of the legal system to perform its due and required role to determine the damages and heal the wounds of the injured party to the case. The courts are hearing cases since their birth. And they have a legal procedure to record the proceedings of these resolved cases. After resolving these cases, the proceedings and verdicts become and adopt a shape of precedents. And these precedents are used for future references and future help in the related and relevant cases. The presence of precedents can greatly provide a source of benefit to businesses. Since the precedents have some legal positions and particularly the doctrine of stare decisis or binding precedents cannot be avoided in the future cases, the businesses can save their time and can easily determine the possible verdict on the dispute. Most important of all, the level of uncertainty is reduced and a considerable level of certainty is given to the parties at the dispute. The European Union can be a good source of help for the businesses. Since the European Union and its legal structure has a legal power and has a legal authority to address and give its verdicts on the disputes arising between the members of the European Union, the businesses can also use this source of law for the purpose of resolving a dispute. For instance, a company is located in Germany, who is at a dispute with a company, who is located and operational on the land of the United Kingdom. Now, the European Union and its other constituent members can be approached by these businesses for the purpose of resolving their dispute by using the commercial or businesses laws, which are accepted and implemented by the European Union. The use of Custom has no significant direct advantage for the business. But, businesses can use customs for the purpose of doing their business by not violating the rules and regulations of primary legislation. Furthermore, in some customs, there are certain different and strange rituals and strange practices. And there are many followers of these rituals and strange practices who may believe on them with the core of their heart. If any businesses, who is attempting to do business by violating the sanctity of their customs, in that case, businesses may not be able to achieve and sustain their businesses objectives in the most required and in the most appropriate manner. Rather, business may face some legal actions or legal proceedings. References: 1. Corporate and business law, Exam kit for F4 2007-08, Association of Chartered Certified Accountants, Berkshire, Kaplan. 2. Corporate and business law, text book for F4. Association of Chartered Certified Accountants, Berkshire, Kaplan. 3. ‘About’, Parliament. UK. Web. Read More