Q1. Discuss using pertinent legal examples whether, from the business persons perspective, law is about control or protection. Law from a business perspective is almost certainly about protection. Employment Acts are in place to protect you from employers that could manipulate you if these acts weren’t in place. You could argue that these acts also are controlling for the employer as he forced to abide by these laws if he wishes to run a business with employees, but I think it’s an important foundation to have as both parties know where they stand, without them employers could easily discriminate against anyone, pay less to you and more to someone he/she likes more. The Unfair Dismissals Act gives you a system of appeal where you can …show more content…
The Consumer Protection Act bans trading practices that are misleading or aggressive which would likely impair the average consumer ability to make an informed decision on a product. The act also gives the minister the power to make certain product prices be displayed in a specific manner. The law is made to protect you from been abused and manipulated by other people and businesses. It enables you to make informed decisions and gives you a sense of security that you are in control on an individual level and that you are protected by these laws. Without them you could easily be manipulated or unfairly be discriminated against and that is why I think law is about protecting you and not controlling you. (CitizensInformation, n.d.) Q.2 Discuss both the concepts and the differences between legislation and judicial precedent as sources of law. Legislation is the process of making laws. It is written and inflexible. It is precise and may only be stated in one way. The sole power of making law is given to the Oireachtas, explicitly states that “no other legislative authority has the power to make laws for the state. (Article 15.2.1) The Oireachtas shall consist of the President and two houses, The Dail Eireann and Seanad Eireann. (Article 15.1.2) Legalisation has three general rules of interpretation which include the Literal Rule, Mischief Rule and the Golden Rule. The Literal rule dictates
It seems the Founders wanted to make the passage of legislation difficult. The Constitution settles how bills become law in the United States. The procedure is operose and can take significant time to complete. The course materials of week three offer more than enough information on how the procedure works. This essay will, mainly, use the course materials to describe the process of how a bill becomes a law. The process of transforming a bill into a law requires the participation of both the Legislative branch and Executive branch of government.
Legislation is a law or act which has been enacted by a governing body. Legislation can have many purposes: to regulate, authorize, provide (funds), declare or to restrict. Legislations are important throughout any work environment and society as without them we are not protected from
Legislation is a law or a couple of laws made by the government and finalised by the parliament. The parliament decides whether the legislation is good enough or needs improvement.
All Learners need to know that employers and employees have a range of statutory responsibilities and rights under Employment Law and that employment can be affected by other legislation as well. 1.1 Contracts of Employment1
The law serves a number of different functions. Demonstrate how the law functions in these various ways, by reference to specific examples within the chosen media report and the areas of law you identified in question 1.
In this assignment I am going to explain the main elements of law, including detailed examples that are true and relevant to the case to illustrate the meaning of this.
Well what an iconic question to ask. Well as stated by Reference.com, “Laws are important because they keep a society together and functioning. Laws strive to maintain peace and safety among people and provide ways to resolve issues that do arise among individuals. Laws exist to protect people from each other and from themselves as well as to protect the government from harm, to promote certain values and to provide goods and services.” Also, if you read the declaration of independence, it goes in by detail and states that you are entitled to these rights at the cost of you following
While this division has been created to give structure to the government and ensure its smooth and effective functioning, there is, more importantly, the need to keep the power of the branches in check and to make them accountable to each other. There is a system of ‘checks and balances’ that comes into play with this segregation of duties and separation of power. This system’s inception has been attributed to Montesquieu. (Wikipedia.org)
Employment legislation exists to protect both Employee and Employer and must be adhered to at all times. Legislation assists in regulating the relationship between Employers and Employees in order to ensure that abuse does not take place. It gives the employee a sense of security, and ensures we receive all the benefits we are entitled to.
1. When interpreting legislation, the Courts use several approaches to aid their interpretation. Describe how the literal, golden and mischief rules of interpretation operate.
The Fair Competition Act and Consumer Protection Acts are designed to maintain and promote a good relationship between consumers and vendors, and to protect consumers and businesses of unfair practices among themselves. The Fair Competition Act promotes competitiveness among business and prevents unlawful practices that would prevent other business from entering a market (anti-competitiveness). While the Fair Competition Acts promotes competition among businesses, the Consumer Protection Acts protects the users of the product, to ensure the life, health and safety of the consumers. Each act is there to protect good practices among businesses, and consumers however the acts can be breached by unlawful practices such as Price fixing, Conspiracy,
My opinion about the legislation is refers to laws made by a person or body, which has power to make law. In Malaysia, Parliament and Legislative Assemblies have powers to enact laws in their respective areas. Laws made by Parliament may extend to the whole country. However, laws enacted by a State Assembly only
The purpose of Employment Law is to provide legal protection to employees and employers. Employment Law is set up to ensure legal guidelines and standards are met with recruiting, working standards, pay and allowances and the disciplinary process. It is also aimed at protecting a person’s Equality and Human Rights such as
The term consumer protection in legislations and organizations aimed at ensuring that the rights of consumers are protected. It also ensures that fair trade practices are implemented. Moreover, these laws ensure that there is free flow of information in the marketplace (Cranston, 1978). Consumer protection laws are supposed to stop businesses from gaining an unfair advantage over competitors. At the same time, it protects all stakeholders from fraud that may be perpetrated by the business. Other than customers, these laws provide protection for the vulnerable consumers in society. The four consumer rights are the rights of safety, of information, of choice and the right to be heard (Bevans, 2011).
The Rules of the Statutory interpretation are The literal rule (IRC v Hinchy, 1960), the golden rule(R v Allen, 1872), The mischief rule (Smith v Hughes, 1960) and The Ejusdem generis rule (Powell v Kempton Racecourse, 1899) The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity(R v Allen (1872) LR 1 CCR 367). This is law/ legislation, which has been enacted by Parliament and through administrative process. The law enacted by Parliament is known as an Act of Parliament.