Relationship Between Control And Protection

Decent Essays

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

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