Business Law Essay Example | Topics and Well Written Essays - 750 words

Business Law - Essay Example When dealing with a legal system the first thing to remember is the rule of law; classical perception and understanding of the British’s unwritten traditional constitution majorly relied on three pillars namely the rule of law, parliamentary sovereignty and the separation of powers (Busch 27). The House of Commons, the Crown and the House of Lords can enact limitless laws being that the UK parliament which is composed of the three groups, the House of Commons and the House of Lords (Marsden 10). Each arm of government is bestowed with specified responsibility independent of the other arms of government. However, the different arms of the British government are described as the executive, legislative and the judiciary. In addition, the direct functionalities of the arms of government include making laws, executing laws and maintenance of laws (Marsden 32). The advantage of the distributed responsibility as showcased above is that; it enables the government to stay healthy and o perate in a democratic manner due to the checks and balance performed by different arms of government (Kiikeri 41). Through power sharing strategy, there is a possibility of the different arms of the UK government to reconsider power balancing so that the executive is not given too much power. People perceive the rule of law to be an illusion that would be difficult to pin down; however, there are myriad classic interpretation of the contents of rule of law which is a hint to its essential nature that people can imagine of within the society (Busch 76). Why should I obey the law? The International Bar Association’s ‘Rule of Law Resolution’ (2005) states that: ‘The Rule of Law is the foundation of civilized society. It sets up a transparent process reachable and alike for all. It ascertains devotion to doctrines that both protects and liberates (Kiikeri 66).’ It is perceived that people do not always obey the law, however, maintaining life in the mode rn world, calls for the willingness from people and citizens to observe the law at all time regardless of the decision of their rivals, which often differs in perception (Smits 60). The rule of law is concerned with the relationship between individuals as well as the state. However, the rule of law also focuses on the processes of law enforcement and administration. In the UK, the principal theme derived from the concept of rule of law indicates that the law should not be administered ruthlessly or recklessly by the people in power; everybody should be equal before the law including those in power (Kiikeri 105). A system should be put in place to interpret and apply the law equally to all citizens. European Union Law The European Court of Justice (ECJ) The European law was founded in 1957 and is currently governing 25 states with two new member countries, Romania and Bulgaria, which joined on January, 2007. The US as a country joined the European Union in 1973, and since then they h ave incorporated the EU laws into their national laws. Having given more priorities to the EU laws, the UK parliament no longer has the jurisdiction to be the supreme law maker with limitations to sovereignty (Kiikeri 110). The law council is the main decision making body consisting of one member (minister) from every member country with authorization of committing their state to the legislative proposal (Smits 29). The European Commission The