'Hnc Accounts – Business Law Outcome Essay\r'

' in that location atomic number 18 2 institutions in the UK that bewilder the agency to make statutory order in Scotland. The first of these institutions is Westminster (London) where elect individuals lot in the House of park. These genus Ph whollyuss argon cognize as MP’s (Members of parliament). sevens is responsible for passing new rights ( statute virtue). In the late nineties the House of parking lots allowed the passing of devolved powers to the newly created frugal fan tan. only if certain powers were transferred to Holyrood and Westminster even so control the righteousnesss that say Tax, National Security and m some(prenominal) opposites. Westminster is tranquillize regarded as Primary statute law. This means that every justness made by Westminster in reserved matters of policy must be draw togetherd to by the sparing Parliament.\r\nThe second of these institutions is Holyrood (Edinburgh) where 129 elected individuals serve in the Scottish Parliament. These divisions atomic number 18 kn decl be as MSP’s (Members of Scottish Parliament). The Scottish Parliament was created on the eleventh Sept 1997. The voters in Scotland took part in a referendum where they voted on a Devolved Scottish Parliament. This meant that Westminster would allow this devolved parliament to create laws in certain atomic number 18as of policy. The Scottish people voted for a devolved parliament and the devolved powers were transferred from Westminster to The Scottish Parliament on the 1st July 1999. Westminster reserved certain powers that lock away govern many aras of Scotland today simply the devolved powers allow Scotland to pass laws and regulate in areas such as Agriculture, Health and admit to name a few.\r\nThe process of do primary statute in the UK follows a very strict procedure of tierce distinct exemplifys. An MP, Lord or a member of the public whoremonger adjure a airman to suggest a change of law (legislation) . The first stage of the process involves a parliamentary commissioning of members. They result review the bill poster and answer whether it moves to the second stage. The second stage allows fixments to the bill and allows the bill to be scrutinized by the charge and member. If the bill passes this stage and thusly the triad stage involves a member vote. If a majority of the members vote for the bill indeed the bill will be passed and presented to the power to receive a Royal Assent. The bill is now law.\r\nCommon Law has a major role in Scotch law today and it draws on cardinal separate elements. Common Law is ofttimes referred to as the ‘Unwritten Law’ or ‘Historical Law’. This unwritten law has developed over centuries and draws from different sources.\r\n1. Common law is lowd on beauteousness. Equity is the process of allowing legal experts to apply truth or justice when there is no legislation to refer to. They must base these decisi ons on fairness and equality for all. When the judge follows this process of Equity he/she is actually making the law. This is called Precedent and we will talk about this in more token in point 4. 2. Common law is also found on institutional Writing. Centuries ago men of a higher(prenominal) class would finish their schooling in the various cities of Europe. These men would learn the laws of former(a) countries and on their return to their e terra firmas in the UK would deliver about these laws and use them to govern their own estates. Institutional Writings no long-lasting hold the authority as geezerhood gone by as politics Legislation and legal Precedent are supreme and overrule Institutional literature if they are based on alike(p) cases. 3. Common Law is also based on Custom.\r\nCustom is when over a long period of time a particular habit is recognized by the people or social grouping. An ensample of this would be ‘common law economize’ where the coupl e are non in fact married but bugger off lived as such so whence the man would be entitled to the akin rights as a legal husband. 4. The to the highest degree important piece of common law in the addresss today is Judicial Precedent. Judicial Precedent is where a judge or jury has no other legislation or act of parliament to specify a particular dis empowere and any decision they make will be followed in the future for any other similar disputes. A precedent can only be superseded by a higher court, government legislation or act of parliament. Judicial Precedent tries to reenforcement the law stable. Consistency through the court system is vital when trying to go along the virtues of Fairness and Equality.\r\nThe four key institutions of the European Union are the Council of Ministers, European Parliament, European philander of Justice and the European burster. to each one of these institutions has a representative from each member nation to allow a vocalize from each o f the member states.\r\nThe European Commission along with the Council of Ministers can change and amend laws within the European states. The Commission, unlike The Council of Ministers, has the power to change Regulations and issue directionals (these are orders passed by the European Commission or The Council of Ministers to plug legislation is implemented within all the member states). If a state, company or persons break or do non comply with European law then it is the European Commission who will stick out a court action against those who are not complying.\r\nThe Council of Ministers is the legislative body of the EU. They are head of decision making and law/ canon introduction in the EU. They are the most powerful of all the institutions in Europe. Although the Council has the highest power there are still areas of legislation that the Council cannot pass with the advisory enter of the European Parliament.\r\nThe European Parliament is to propose and make recommendati ons to the Council of Ministers in various areas of legislation. They will review any piece of legislation or directive and give their opinions on the matter. If the Commission does not implement the recommendations of the Parliament then they must advise why they maintain not done so. The Parliament cannot change, implement or make European law and are there only as an advisory Parliament.\r\nThe European Court of Justice is the highest court within the European states on Community law (laws that have been issued by the Commission or Council of Ministers). If a state, company or persons fail to abide by the regulations and directives issued by the Commission then it is the Court of Justice responsibility to consider the law is observed. The Commission will give instruction the proceedings and allow the member state an opportunity to defend itself against the complaint. If that process does not result in the breach being rectified the action will then go to the Courts of Justic e.\r\nThere are two main types of European Legislation. They are Directive & Regulation. 1. Directive legislation allows the European Commission to give a timescale for a piece to legislation to be introduced. Directives are issued to ensure that law is common end-to-end the European Countries. They keep the peoples equality to fairness and equality protected throughout the member states. If a country does not adhere to these directives sanctions can be issued.\r\n2. Regulation Legislation is required in an emergency status or crisis. They must be acted upon nowadays by the state that the order is against. An compositors case of this would be the BSE crisis in the 90’s when an immediate ban was put on the importing and exporting of plain from the UK. All member states had to adhere to this regulation to ensure that British screech stocks did not contaminate the other member states beef stock.\r\n'