The working legal system in the United Kingdom

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Table of Contents

Introduction
Devolution in the UK
Nature of the UK law and legal system
Dominant market position
Consumer protection act
Interference with goods
Competitive Agreements control
References

Introduction

The working legal system in the United Kingdom covers four countries where each of the four countries form three independent jurisdictions consisting of their own court and legal system according to Sawyer (2005). The countries that make up the United Kingdom commonly known as the Great Britain are England, Wales, Scotland and Britain.

The United Kingdom was founded in 1801. The present states were as a result of the partitioning that occurred in 1922. The decision to join the European Economic Community was done by the political leaders in 1973. The European Economic Community is currently known as the European Union. The entrance of the UK to this union forced it to integrate its laws in order to merge with the EU laws. Since then, there have been a number of reforms that have been done by the labour government of the United Kingdom.

Devolution in the UK

The labour government has also instituted devolution in some areas of the countries making up the United Kingdom. These devolutions have seen the formation of the Scottish Parliament and Welsh national Assembly through the referendums done in the country.

In Ireland, there was an existing Assembly though not functional at the time of the devolution process. In England, the parliament is often known as Westminster. These devolved constituents of the United Kingdom make their own decisions based on their separate Assemblies or parliaments.

Nature of the UK law and legal system

The United Kingdom has no written constitution; the Queen is regarded as the head of state in the U.K. In practise however, the government of the day is the main decision maker in matters that concerns the country. The legislature of the United Kingdom is essentially a bicameral in the way its parliament is structured.

There are 659 members of parliament in the House of Commons who are elected by majority vote after every five years. The Government has the supreme power to call an election earlier than the stated five year period and thus it will ensure to state earlier in order to give the electoral a reasonable advantage.

On the other hand, the House of Lords constitute of life members, members given the chance as a result of distinct public service and hereditary members whose patrician birth dictates so. Notably also, the U.K. has integrated the Human rights act which was passed by an act of parliament in 1998 to the law rights of the United Kingdom. This thus means that cases in contrary to the European Union can be administered by the United Kingdom courts of laws.

In issues related to business, there are specialised tribunals which have been formed to administer appeals related to either public or government departments. The areas covered by these tribunals are as follows; immigration, social security, land and tax issues.

In the U.K. there are a number of business related laws that govern the way in which markets behaves, they laws instituted in the United Kingdom legal system is meant to protect the interest of the public against any possible breach of contracts and other human related issued by the serving companies.

Business laws

The United Kingdom has a well developed legal framework that governs all business transaction within the country and its member states. Government instituted system either supports or disregards some business activities that either cause damages to the public (Poor quality products), other companies i.e. (unfair competition) and the environment through pollution. These laws affect the way in which businesses are conducted not only in the United Kingdom but rather the whole European Union countries.

Dominant market position

The competition Act of 1998 section II in the United Kingdom and European Union defines the stage at which a company is referred to as dominant in its market. A company ought to have at least 50 percent of the share market in order for it to be recognised as a dominant market.

The company is however still affected by the instituted legislation in the U.K and E.U. The dominant company should therefore not abuse its status in the region as there are stiff actions that will be taken against such company by the collective effort of the U.K and E.U.

Businesses are limited in such ways as when the company imposes unfair prices to its clients, prejudicing the consumers through limitation of their normal production rate. Some instances may include application of different conditions to similar transactions on the trading partners.

Consumer protection act

In the United Kingdom and the EU in general, consumer protection act was enacted in order to protect the consumers of products from manufacturers against damages that may be caused by such products. In essence, these laws are the common law of torts, where the manufacturers of products are liable by the torts such as injuries or damages that may be caused by the producers of such products.

These legal laws safeguard the consumer and hence creating a produces caution in the manufacture of its goods for consumption in the U.K and the E.U. The consequences of these legal actions affect businesses as they impose strict measures to the products that they manufacture and give to the public.

Interference with goods

The torts acts that deals with goods interference was enacted in 1977, it essentially defines the regulations that deals with wrongful inference of goods or property. The act relates to torts committed through trespass, conversion or any form of negligence that results to damage of goods/property. This act covers the U.K and the E.U member country the remedies of the breach of this law can therefore be ensured by any member country against any person/company within the European Union.

Competitive Agreements control

The competition Act of 1998 which was amended in 2002 governs the trade within the U.K, of the trade extends to other E.U countries, then the EC Treaty Article 81 will govern the trade transactions. These two acts govern the way in which companies handle their transactions especially with regard to competition.

Some groups of companies may group together to illegally fix prices or control the production rate in order to force other companies out of market. In the United Kingdom and the E.U. these acts are illegal and the transgressors will face stiff penalty charges for committing such offences.

References

Fisher, C and Lovell, A. (2006) Business Ethics and Values (session 9).London. Prentice Hall.

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