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FOY004 Business law Assignment sample

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Introduction Of Business law Assignment sample

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The lecture by lord Bingham has started by praising David Williams. He takes this as a formidable challenge. He chose to address the subject that is rule of law. He started the lecture by giving information about the constitutional reform act 2005 (Suzor 2018). In the first section of the Constitutional Reform Act 2005 states that the act has not been adversely affecting those principles or the code of rule of act of constitution which is already existing. It also might be considered as the existing constitutional role of Chancellors about the principle of rule of law. The provisions which were suggested by the Attorney-General, states the importance of the rule of the law in this modern era. The same could be further reflected in the oath under. But it is important to examine the further implications of rule of law for a better understanding of the principles which are breached into a series of rules (Suzor 2018). Lord Bingham has recognized eight rules as such as -

  1. First, the rule of law must be accessible to everyone and to who it is applicable. And it should be as possible as intelligible, thus should be predictable and clear.

2.Questions of legal rights and liability

  1. Equality before the law fair

4 fair reasonable exercise of public powers

  1. Means must be protected for resolving

6.Human rights

7.fair trials at court/tribunal.

8 Compliance with international law. which must be discussed briefly.

First, the rule of law must be accessible to everyone and to who it is applicable. And it should be as possible as intelligible, thus should be predictable and clear. It is also further considered very obvious that if everyone in the country or the nation must be assured by the rule. They should be capable lacking much difficulty which are undue and thus it is important to find out what it has been, even if that it would simply (Rowan 2017). As the rule of law supports equality and protects the rights of citizens there is however another relevant principle which exists in society this is the rule of law. This was done to esteem the rule of act and defend the judiciary’s independence. But further, this is also understood that the act of constitutional reform also has neither defined the present principle of the rule of act prevailing in the constitution nor the present role of the constitution regarding the rule of law of Lord Chancellor. The definition of this principle which is already existing in the constitution might no doubt (Rowan 2017).

Criminal Law

One of the main laws within criminal law justice and equality managed in the United Kingdom. An individual charged with an offence is considered innocent until proven guilty as the case must be satisfied as everyone has the rights to a fair trial As criminal law is a law to punish people who have gone against the legislations and ensures that you will be punished if you do not follow the rules of the law accordingly (Bonelli 2021). As the person must be acquitted as that is found not guilty of an offence as the fact the individual as the prosecution has the task of proving guilty of the individual who is charged with an offence for the defendant to be found guilty of an offence.it must be innocent rule of law as you can link it to lord Bingham rule of law (Bonelli 2021). As you will have to have fair trials at court and tribunal laws as you will need to have equality before the law as they should not be no discrimination in the law as everyone should be treated fairly as they should be no discrimination as some religious believers were not equal as in criminal law all criminal law trials should be fair as it meant to protect the accused as all the individuals who seeking to get released as the judges should treat every trial equally (Blair 2021). not just based on the case is against the individual and have a complete fair trial.

Contract Law

The contact law have been considered the same for being very well understood as well as quite clear as one might consider it as the statutory definition. And further, this is also a fact that the regulation of act has been summoned continuously by several juries while they have been giving their judgments. But they failed in giving some better explanation than what they meant as they used this expression, and then the quite respectful authors as mentioned their doubt on the value as well as the meaning of the rule of law (Schwartz et al., 2021).

Further lord Bingham has taken the example of John Finnis who have further defined the rule of act as the name which is usually provided to the state of the concerns where there is a legislative system that exists in moral form and which is also legal (Schwartz et al., 2021). He also further explained that Judith Shklar was having a suggestion that these are the expression that might have become worthless. The ironic credit goes to the ideological abuses and generally are overused (Van Huyssteen et al., 2021).

Further as per the comments of Jeremy Waldron the case law of Bush v Gor in which the rule of act has been summoned on both edges. It was also known in some case law that there was a widespread impression that they could have easily uttered those magical words which meant slight further than Hooray from his sideway (Schwartz et al., 2021). 

TORT LAW

Tort Law is an area of law that protects people from other people the purpose of tort is to make sure people are compensated from wrongdoers and violation to equal protection as tort law as every person should have the right of effective protection against discrimination (Goldberg et al., 2021). As some examples of tort are civil battery and trespassing Tort is the law that covers most suits concerned with civil wrongs undoubtedly and accidents as if someone hits someone that person could go to court to sue them legal rights as the law imposes the duty of care what is negligence to prove negligence of duty of care and breach making a breach of a their duty as it has said to have done a wrongful act tort law is a duty of care as the individual will need to perform their duty and the right of a trial as harm can include anything from injuries and pain and suffering and not to punish the defendants for the acts committed it is to punish the defendant for there acts as deemed especially irresponsible and to discourage others from engaging in similar contact as tort law as negligence based claims tort classification remedies for tort case as tort can be fined as a civil wrongs (Goldberg et al., 2021). We can link tort law to lord Bingham’s rule of law as equality and fairness as the person should not get because hitting someone with a car for not paying attention on where they were crossing (Golanski 2021).

PUBLIC LAW

Public law refers to the relationship between individuals and the government in the UK as most of public law is made up of constitutional law public is especially important because of the unequal relationship between the government and the public the government is the only body that can make decisions on the rights of individuals and they must act within the law (Pech et al., 2021). The public law can specialise public bodies such as central and local government have to obey the law the conduct of public bodies act lawfully and compatibly with the human rights of those affected by their actions where a public body acts unlawfully there a number of ways that those affected can challenge their behaviour or decision this means the area of law ensures that the government does not really have abusive powers over individuals and they must use their power in a fair manner public law is the part that governs the relationship between the legal person and the government public law that covers the government relationship between the citizens that might have effect on the society (Brett Taylor 2021). You can link this to lord Bingham rule of law as fair and reasonable exercise of public powers and publicly conferred as reasonably fairly and importantly as we elect and make sure that their laws and conferred as no one is above the law as public officials Should exercise their powers in good faith as equality before the law as we are all equal In terms of society (Pagallo 2021).

As further Lord Bingham has revealed about the core of the principles of the rule of the law that was already existing. He stated that all the authorities and respective persons that reside within the state and might be either private or public (Matteucci 2021). These principles must be entitled and bound by the various benefit of laws which are prospectively as well as publicly promulgated and administered in the courts of law. He also doubted that if anyone could suggest that this statement, even if it is accurate and there could be the application of general principles of rule of law without some qualification or exception (Matteucci 2021).

But it is important to examine the further implications of rule of law for a better understanding of the principles which are breached into a series of rules. Lord Bingham has recognized eight rules as such, which must be discussed briefly (Pagallo 2021).

First, the rule of law must be accessible to everyone and to who it is applicable. And it should be as possible as intelligible, thus should be predictable and clear. It is also further considered very obvious that if everyone in the country or the nation must be assured by the rule. They should be capable lacking much difficulty which are undue and thus it is important to find out what it has been, even if that it would simply mean finding guidance as it generally would, in addition, the response that is provided must be very indistinct that the taken or considered course of action are based upon it (Pech et al., 2021).

The fingers which are accused could not though be honestly pointed only at the representatives. It is about the complexity, the length, and sometimes there is the proximity of the modern judgments regarding common law. There is it is placed particularly at the highest level and can lead to raising issues of their own. These issues could, might not be practical but at least in the theoretical phase, could be alleviated if the House of Lords were asked to provide their solitary view. This is also considered a solution in the case-law of R Jackson v Attorney general, in which it has been advocated from periodically and on a time-to-time basis which has raised with Lord Bingham by Sir late Lord Brightman (Pech et al., 2021). He has given this reference to the lengthy thoughts and views of the House in R Jackson v Attorney General. As stated by Lord Bingham in a lecture regarding the torrent of legislation for illegal legislature in current years has postured very actual issues related to integration. All these legislations are not readily intelligible. The law must have been stated in the terms which would help the judge in explaining without any kind of undue difficulty either it is derived from the judicial opinion or the statute to a jury or to a clerk who is not qualified. Thus, it should be considered by the bench of justices that have been laid down. And there are some judges also who might not develop the law for the creation of some new offenses as well as widening the offenses that are existing so as they would make conduct which is punishable in the type hitherto not subjected to the punishment. It would result in the infringement of the principle which is the very fundamental principle (Matteucci 2021). Thus, this is because that a person should not be punishable for a criminal offense or an act which are not determined as a criminal offense when the act was done. First of all, there must not be any discretion as to the facts on which any official or judicial proceeds. There could be an assessment of the facts which might be of course and be necessary that would depend on the various effects which are made by a shred of evidence and suppress on the mind of the judicial officer or the decision-maker. The assessment which has been made might be correct or it might not be, but if there are any leads in the evidence leads the decision-maker to the conclusion that he would have no further discretion to reach another discretion (Mitsilegas 2021). It is also considered that the historian level must have some discretion for concluding that King John has never executed Magna Carta at Runnymede in June of the year 1215. It was the event and the period when all these shreds of evidence have shown that he has done the same. Similarly, most of these so-called discretions are dependent on the making of such prior judgment which it has been once made, then it would efficiently be determining the courses which are required to be followed, and thus they are left with no room for making any choice on these options (Pagallo 2021). Even the least constraining part of the judicial discretions, that as to the costs are awarded and are governed by the practices as well as principles. For a long period, this was the issue that has been addressed through the scheme that is related to the city as well as legal aid, and this aid scheme was established in the year 1948 (Pagallo 2021). 

CONCLUSION

In conclusion, Lord Bingham’s rule of Law assignment is especially important in society today as it protects all citizens so that no individual can be treated unfairly. Lord Bingham speaks of equality before the law and explains. Although there are subjects which are considered to be well-known the defects legally, this scheme had brought legal redressing within the reach of the judicial and official. But the cost of the scheme has risen exponentially, and this had led to the curtailment of the scheme (Lobel 2021). Everybody should be able to have a fair trial when it comes to the justice system and crimes we commit. As our appearance should not have an impact on if we are guilty or not, the, therefore, rule of law is a good system Whether the fees might be conditional, there are which have filled this gap that has been left because of this curtailment that Lord Bingham does not himself know. Perhaps they have been advised and helped which are still available to those of means which are modest and who already have been deserving the same (Lobel 2021). In the end, Lord Bingham has a fear that the stories of practitioners might result in criminal legal aid and there is a fund of millions. There has been much debate that whether there has been much debate regarding the rule of the law that if it could exist even without the subject like democracy (Bussani 2021). The person or the people who are living in the society that have implicitly being accepting that whether he or she could not exercise the freedom that are enjoyed and accept those constraints which might be imposed by law. and I concluded that the rule of the law is a good system. In protecting our society and it should apply to both citizens and politicians in the same way (Bussani 2021).

REFERENCES

  • Blair, R.A., 2021. UN Peacekeeping and the Rule of Law. American Political Science Review115(1), pp.51-68.
  • Bonelli, M., 2021. Intermezzo in the Rule of Law Play: The Court of Justice’s LM Case. Defending Checks and Balances in EU Member States, p.455.
  • Brett Taylor, R., 2021. Preserving the Rule of Law in Public Law Cases: Keatings v Advocate General for Scotland and the Lord Advocate.
  • Bussani, M. ed., 2021. Comparative tort law: Global perspectives. Edward Elgar Publishing.
  • Golanski, A., 2021. A Structuralist Concept of the Rule of Law.  J. Am. Legal Stud.10, p.119.
  • Goldberg, J.C., Sebok, A.J., Zipursky, B.C. and Kendrick, M., 2021. Tort law: Responsibilities and redress. Wolters Kluwer.
  • Lobel, O., 2021. Boilerplate Collusion: Clause Aggregation, Antitrust Law & Contract Governance. Minnesota Law Review, Forthcoming, San Diego Legal Studies Paper Forthcoming.
  • Matteucci, S.C., 2021. Public Administration Algorithm Decision-Making and the Rule of Law. European Public Law27(1).
  • Mitsilegas, V., 2021. Counterterrorism and the rule of law in an evolving European Union: Plus Ça Change?. New Journal of European Criminal Law12(1), pp.36-51.
  • Pagallo, U., 2021. On the principle of privacy by design and its limits: Technology, ethics and the rule of law. In Italian Philosophy of Technology(pp. 111-127). Springer, Cham.
  • Pagallo, U., 2021. On the principle of privacy by design and its limits: Technology, ethics and the rule of law. In Italian Philosophy of Technology(pp. 111-127). Springer, Cham.
  • Pech, L. and Kochenov, D., 2021. Respect for the Rule of Law in the Case Law of the European Court of Justice: A Casebook Overview of Key Judgments since the Portuguese Judges Case. SIEPS, Stockholm.
  • Rowan, S., 2017. The new French law of contract. Int'l & Comp. LQ66, p.805.
  • Schwartz, A. and Sepe, S.M., 2021. Economic Challenges for the Law of Contract. Yale J. on Reg.38, p.678.
  • Suzor, N., 2018. Digital constitutionalism: Using the rule of law to evaluate the legitimacy of governance by platforms. Social Media+ Society4(3), p.2056305118787812.
  • Symeonides, S.C., 2021. Tort law and conflict of laws. In Comparative Tort Law. Edward Elgar Publishing.
  • Van Huyssteen, L.F. and Maxwell, C.J., 2021. Contract Law in South Africa. Kluwer Law International BV.
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