Learning outcomes After studying this course, you should be able to: Part A: describe in general terms what a business is demonstrate an appreciation of the concept of capital. Part B: identify the main types of business medium demonstrate an understanding of the key characteristics of businesses run as sole traders determine what are the assets and liabilities of a business using numeracy skil
Introduction In this course, we will consider the nature of businesses and the principal forms of business organisation. The themes covered in Part A are company, business and capital; and in Part B, business mediums, sole traders, partnerships or firms, and assets and liabilities. This OpenLearn course provides a sample of Level 1 study in Author(s):
Acknowledgements The following material is Proprietary (see terms and conditions) and is used under licence. Grateful acknowledgement is made to the following sources for permission to reproduce material in this course: Course image: Author(s):
References Keep on learning   There are more than 800 courses on OpenLearn for you to 4.3 Summary of Part C In Part C you explored the relationship between UK law and human rights. You learnt about the historical approaches taken to rights in the UK, that individuals could do as they please unless there was a law restricting or preventing that conduct. The UK had been a signatory to the ECHR for many years before passing the Human Rights Act. Through activities you explored the debate on incorporation of the ECHR and its perceived effect. 4.2 Effect of the ECHR on English law prior to the Human Rights Act 1998 The Human Rights Act 1998 (HRA) received the Royal Assent on 9 November 1998, and the main provisions were brought into effect on 2 October 2000. However, the UK had by then been a signatory to and had ratified the ECHR for nearly fifty years. What was the effect, if any, of the Convention on UK domestic law? We have already noted the supremacy of Parliament as the main law-making body in the UK. Under English law international treaties do not become part of domestic law unless and until some 3.5 The European Court of Human Rights Section II of the European Convention on Human Rights comprises thirty-three articles, which are all related to the setting up and conduct of proceedings before the European Court of Human Rights. They include, for example, the power to make rules governing how applications are made to the Court, how the Court is conducted, how judges are appointed to the Court and their period of appointment. Each HCP is able to appoint one judge to the European Court of Human Rights. In its original f 3.3 What were the fundamental human rights which required protection? Earlier in this course you explored why certain rights were considered to be basic human rights. These can be described as those rights of individuals or groups relating to human dignity and fundamental freedoms, which require legal protection from adverse interference by the state, where those rights derive from the fact of being human. Such rights can be traced back to two aspects of international law, namely customary international law and treaty law. The former derives from the customs ad 2.1 Treaties, conventions and constitutions International human rights are part of a much wider area, public international law, which in broad terms encompasses law relating to the legal rights, duties and powers of one nation state in relation to its dealings with other nation states. These rights, duties and powers are set out in international treaties or conventions. Such treaties and conventions may be global in their application or restricted to certain regions of the world. Reference to a work on international human rights treati 1 Course overview This course will look at the concept of rights in their broadest sense: a freedom to do or be protected from something; a claim to do or enjoy something; a power to do something which affects others and not to be challenged over that use of power. This concept of rights defines the position of an individual and does not consider collective or majority rights. As you may already know, the subject of rights, Learning outcomes After studying this course, you should be able to: understand the historical growth of the idea of human rights demonstrate an awareness of the international context of human rights demonstrate an awareness of the position of human rights in the UK prior to 1998 understand the importance of the Human Rights Act 1998 analyse and evaluate concepts and ideas. Introduction This course considers the growth of human rights and humanitarian law before looking at the European Convention on Human Rights (ECHR) in detail. It will also look at the position of human rights in the UK and the effect of the Human Rights Act 1998. This OpenLearn course provides a sample of Level 1 study in Law Acknowledgements The following material is Proprietary (see terms and conditions) and is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 Licence Grateful acknowledgement is made to the following sources for permission to reproduce material in this course: Co References Keep on learning   There are more than 800 courses on OpenLearn for you to 7.2 An EU constitution: moving the debate on In the next activity you will be able to build upon the previous one and observe the way in which the debate on the new EU constitution has progressed and moved to another level on its way to ratification. 7.1 Towards a constitution The European treaties establishing the European Union: create an institutional structure for decision making, and set out the freedoms of the individuals and the limits of the decision-making powers over the citizens. The treaty establishing a constitution for Europe was signed by the member states in October 2004. However, at the time of writing (2005), the process of ratification is in abeyance following the rejection o 6.5 The principle of subsidiarity This is defined in Article 5(1) EC and 5(2) EC. It requires decision-making bodies with responsibility for larger areas to perform only those functions that decision-making bodies with responsibility for smaller areas cannot fulfil themselves. For instance, the Treaty requires the Community to take action ‘only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States …’ and can ‘by reason of the scale or effects of the proposed act 6.4 The principle of proportionality This principle has been developed and refined by the ECJ and is also covered by Article 5 EC: Any action of the Community shall not go beyond what is necessary to achieve the objectives of this Treaty. However, given that the objectives of the Community are defined very widely in Article 2 EC, the principle of proportionality is not always the easiest tool for curbing EU legislative enthusiasm.
Study another free course
Study another free course
Activity 7 A snapshot from the EU constitutional debate (2)
