The system in England area unit created on common law which suggests precedents area unit given binding authority besides statutory laws. It conjointly considers customs, parliamentary conventions and books as sources of law. English system needs business organizations to follow multiple laws. The laws area unit created by taking the assent of each homes and Monarch. English courts area unit guaranteed to apply the statutory similarly as common laws.
Sources of law
The sources of law in UK (hereinafter shall be referred as UK) square measure the legislations created by parliament and judicial precedents set by the courts called common law, parliamentary convention, customs and books of authority.
Legislation in GB is dispensed by the parliament that is taken into account sovereign and it consists of Queen having a proper role, the house of commons that is that the main forum wherever statues are created, the house of lords ensures that the laws are well written and that they effectively work. it absolutely was the best court of GB until October 2009.
As European country may be a common law country so precedents have binding nature rather than persuasive. it’s pattern and is subject to continuous modification through new judgments.
This supply of law is begun from the Anglo-Saxon amount. The validity to the customs as supply of law was granted by the Norman conquerors. Customs ar divided to the “customs of realm” and “local customs.” Custom of realm became English common law and native custom is needed to meet some conditions to be thought-about as law.
These conventions area unit totally different from the international conventions. The conventions like collective and individual responsibility of presidency and Royal privileges together with the facility to dissolve or appoint parliament. These are not enforceable by law but cannot be refused.
Books of authority
This refers to the first legal textbooks. The books were thought of authoritative supply of law by the courts taking in account the authority of their authors.
The business organisations ought to adjust to multiple laws below English system. These laws embrace however aren’t restricted to the businesses Act, 2006 if the business is surpassing a corporation, economic condition laws, material possession laws, setting laws, shopper laws, competition laws, employment laws, insurance laws, tax laws, contract laws, sales of products laws and investment laws.
Law Making Process
The method of law creating starts as a bill which may be of various varieties the bill needs to process through set of various stages in each homes of the parliament then a standard text to that each the homes have united gets Royal consent by the Monarch. Bill is given to either of each homes. Following area unit the various stages of a bill.
- First Reading: It is the correct introduction of bill to either house. during this stage the bill is then given a date for presentation and order for its printing is formed to form it accessible to all or any members and general public.
- Second Reading: It is the primary barrier for a bill to pass as a result of the core purpose of explicit bill is debated and voted thenceforth. once the bill is passed during this step then it’s forwarded to the committee stage.
- Committee Stage: In this stage, the bill is examined very well. Opinion of the specialists is taken. Chairman of the committee collects the suggestions for amendments. each clause of the bill is mentioned very well and is resultantly approved, amended or aloof from the bill.
- Report Stage: After the alterations, the bill goes back to the house in this stage. The whole house reviews the amended bill.
- Third Reading: At this stage final opportunity is given to each house to discuss and vote on the bill as a whole.
- Assent of both houses: The assent of each homes is obligatory for a bill to become a law. once a bill is distributed from initial house to the second house then second house will create amendments and thenceforth shall send it back to the primary house for discussion. This method moves on till each the homes offer assent to the amendments.
- Royal Assent: After the parliamentary stages this bill is given the assent of Monarch then it becomes an act of parliament.
Application of law in court: In the justice courts of England, the statutory and case law each area unit applied within the cases. case law has the binding authority when statutes. when case law the preference is given to the customs, then parliamentary conventions then the books of authority.
The system of the Britain has given the binding authority to the precedents and therefore the courts got to follow the settled case laws that has benefits yet as disadvantages. The arguments in favour square measure that common law system is truthful, expedient and economical as they follow the case laws. Disadvantages embody continuation of dangerous rulings and issues within the cases wherever no precedent is accessible.
References & Bibliography
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- All Answers ltd, ‘Explain the sources of English law’ (Lawteacher.net, October 2018) accessed 15 October 2018