UNIT 7: BUSINESS LAW UNIT CODE: H/617/0736 UNIT 7:

Transcript:UNIT 7: BUSINESS LAW UNIT CODE: H/617/0736 UNIT 7::
UNIT 7: BUSINESS LAW UNIT CODE: H/617/0736 UNIT 7: BUISNESS LAW LO1: EXPLAIN THE NATURE OF THE LEGAL SYSTEM 2 UNIT 7: BUSINESS LAW P2: EXPLAIN THE ROLE OF GOVERENMENT IN LAW MAKING AND HOW STATUTORY AND COMMON LAW IS APPLIED IN THE JUSITICE COURTS 3 THE ROLE OF GOVERNEMNT IN LAW MAKING AND THE JUSTICE SYSTEM The law-making of the acts of governmental bodies is more organized, not so spontaneous as the law-making of the legal customs. The law-making process consists of several stages. As a rule, an act is prepared, scrutinized, adopted and published. 4 THE ROLE OF GOVERNEMNT IN LAW MAKING AND THE JUSTICE SYSTEM The first stage includes preparing of the first version of a project (bill) in which an idea on law is realized. Individual, group of individuals, associations but usual a governmental body, may do this work. 5 THE ROLE OF GOVERNEMNT IN LAW MAKING AND THE JUSTICE SYSTEM A governmental body may take official decision concerning elaboration of a project, give the task to its internal structures (committees, departments) to write a bill, make previous analysis of the public interests, of necessity in a law, the correspondence of a possible act to the current legislation and to the constitution. 6 THE ROLE OF GOVERNEMNT IN LAW MAKING AND THE JUSTICE SYSTEM The project is discussed by experts, associations, interesting groups. The working commission analyzes the results of the discussion and changes the text. The next stage consists of scrutiny of a project in a governmental body. This law-making process is a complex process. 7 THE ROLE OF GOVERNEMNT IN LAW MAKING AND THE JUSTICE SYSTEM A state plays the leading role in it. It gives to the norms the force of law and supports their enforcement by force of its bodies. An adopted act is considered as an act of the state. A state may regulate lawmaking process, plan it and thus influence on the development of the law. But its activity must be legal and is not arbitrary. 8 THE ROLE OF GOVERNEMNT IN LAW MAKING AND THE JUSTICE SYSTEM The law-making process as experiments in the adoption of laws does not satisfy a society. In the law-making process the interest of the society and the interest of the state meets. 9 THE ROLE OF GOVERNEMNT IN LAW MAKING AND THE JUSTICE SYSTEM Society needs stable legal system, reflected changing demands and