ENGLISH LAW

English Law

English Law

Four main sources of English law and the areas of law with which they are mainly concerned

English Law stems from a number of sources, but the main one has to be Common Law; in the pattern of precedent. An example would be; murder - a case a few hundred years ago, would go before a judge and the defendant would be found guilty for the offence of murder; which sets a precedent for all other judges to follow. (Hiltunen, 2008, pp: 11) Now, over time this precedent is reviewed and improved. The main sources of English law are described as under:

Statute law is made by Parliament. Parliament may make law as it sees fit - may it statutes repeal earlier, overrule law case developed in the courts or law make in new localities previously unregulated. Validity The of an act Parliament not will be questioned (Cheney v Conn 1968)

This principle of Parliamentary sovereignty has been decreased somewhat by the UK's membership of the European Union which needs its laws to be brought into line with the EU's treaties and directives. Additionally, the Human Rights Act 1998 new needs laws to be compatible with Human Rights. Statute law may be legislation 'fresh' or be it may consolidation of existing statutes and a amendments their for example the Companies Act 2006. And may furthermore be codification of existing statutory and a law case for example the Sale of Goods Act 1979 (Hiltunen, 2008, pp: 22)

The courts are bound to apply relevant statute law and will not choose to disregard or rewrite it. Whatever the nature of the legislation, the role of judges to interpret and apply it is the same. Judicial interpretation might be required because of ambiguity in drafting or uncertainty as to whether a specific set of facts are inside the scope of a statute, or where unforeseeable developments have occurred since the statute was passed (Hiltunen, 2008, pp: 51).

The complexity of modern legislation that entails, in numurous instances, there is a deal great of cannot which detail conveniently be included in an law. Therefore, often legislation gives power to a minister public or body, for authority example a local to make laws for purposes specified in form of the instruments statutory, bye-laws and Rules of the Court. These has legislation delegated the same legal force and effect as the empowering law itself (Woodbine, 2002, pp: 41).

How business has been affected by decisions made by these four sources?

Much of the discussion has been focused on how individuals in a business can be affected by the main sources of English law. However, themselves companies can be held liable for unethical, illegal, and even criminal behavior as it relates to other companies or individuals. (Woodbine, 2002, pp: 46) Securities, trade, antitrust, and laws property intellectual companies to keep certain standards legal of behavior ethical business. Some examples are discussed under as:

Securities Laws

Securities laws, developed after the stock market crash of 1929, require that publicly traded companies ...