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Business and government are main spheres where legislation and regulations must be followed in all conditions. The regulatory environment in the business sphere is usually provided by the government acts and laws, which are impossible to violate. The Constitution of every country must have the part, which regulates the business sphere, provides some restrictions and creates the supportive environment for the business in general. Dealing with administrative agencies, they are created to follow the complicated social and other problems, and function as the regulatory activists in the state. Current paper is going to discuss two themes, the constitution and business and the administrative agencies, introduces in the book The legal and regulatory environment of business by Beier, which functions they perform and what guidelines follow.
Constitution and business are the notions, which are interconnected greatly. Constitution, provided by the government, functions as the regulatory environment, which directs the activities, led by the business sector, and implements punishment in the cases when the laws are not followed. Referencing to the function of the regulatory environment in the society, it should be concluded that it performs doth legislative and executive functions.
Considering the 7th chapter of Beiers book The legal and regulatory environment of business, it closely correlates with the Gerrards article Rethinking regulatory risk: a strategy for the UK and global corporate governance . The main idea of the article is that the companies in the United Kingdom have faced the aggressive regulations, which are provided by the government. The regulatory function of the constitution in business is one of the main themes, which is introduced in the discussed book (Beier 126). With the increase of the severity of the regulatory strategies, the tendency to increase of the risk management is observed. The interdependence of the discussed factors is not investigated till the end, but taking the statistics of the United Kingdom in the discussed question it may be concluded that 66% cases were prosecuted in 2001-2002 in comparison with 23%, which were in 2000-2001. Moreover, 10,000 directors were removed from the places they occupied, but at the same time the statistics ensures that the risk management increases in United Kingdom as well. So, it may be concluded that the aggression in the regulatory environment does not make the business participants act more careful. Furthermore, 99% of the business participants are sure that the risk management is important as well as the aggression in the regulatory environment, which may follow the law violation and punish it (Gerrard 38).
Some sources are sure that the effectiveness of the regulatory facilities will be effective only in the case when the staff, which is aimed to provide the regulatory restrictions, is well prepared. Moreover, the investigations, which were provided in the field ensure that a learning framework for regulatory staff that will enable adoption of a consistent approach to learning and embed learning as a routine activity for all regulatory staff (Goulden 3). It is already proved that the overview of any organization, the structure and status, according to which it works, the culture, which is implemented in the working place are the main factors, which set the tone of the working environment (Goulden 4). So, it may be concluded that the qualification of the staff of the regulatory practices create the tone of the whole business environment in the country, which must be followed, as the Constitution is the law, which must never be violated (Cornell University Law School).
The 7th chapter of the Beiers book The legal and regulatory environment of business deals with the regulatory agencies. The information in the mentioned chapter dwells upon the administrative agencies, their types, aims and functions in the society. The themes in the 7th chapter closely correlate with the themes, introduced in the Alberto C. Agras article Sufficient standards . Administrative agencies are the facilities, which provide the executive power, not legislative, so they are easily referred to the regulatory activities. But at the same time the administrative agencies are created by means of the legislative powers, as these agencies have the constitutional powers. The article in general dwells upon the standards, according to which people may have some rights and the theme of the administrative agencies is closely related. To be specific, administrative agencies powers are not absolute and they have to follow some rules to be legal. Congress is the main organ of power which deals with the administrative agencies, implements some power on them and creates the working environment for them. Hiving the power either to broaden or restrict the abilities of the administrative agencies, Congress remains the main authority for them. There are certain standards, according o which administrative agencies must function, as without standards, anybody can be anybody, and anybody can do what he or she pleases. Without standards, there will be arbitrariness and abuse in the exercise of administrative powers. Without standards, freedoms will be impinged and rights violated (Agra par. 13).
In addition to the said, business, as well as government (no matter whether it is federal or state), provide their work through the agencies. Moreover, the work of the administrative agencies is provided by means of the constitution. The rights, duties and responsibilities of the administrative agencies are mentioned in the Fifth and Fourteen Amendments of the US Constitution (Emerson 63). Emerson provides the list of the cases when the administrative agencies must intrude and the hearing in the jurisdiction procedure must be followed with the presence of the administrative agencies, that is revocation or suspension of a license to operate a motor vehicle, revocation of parole or professional or business operating license, the cases, which deal with cessation or reduction of welfare or unemployment, or social security benefits, the problems with termination of parental custody rights or firing a public employee or a tenured teacher (Emerson 63).
In conclusion, the regulatory processes in the society are provided on the legislative terms and by means of different agencies. The Constitution is the main law, which must be followed. The regulation environment of business is based on the Constitutional terms, but the increase of the regulatory restrictions and laws does not make people think about the reduction of risks in their business. At the same time, the cases, when people were offended for the illegal actions have increased, if to take the statistics of the UK. Most of the regulatory procedures, in the cases of the law violation are provided by means of the administrative agencies, which must also follow their rules and provide the responsibilities and duties, which are laid on their shoulders. In addition, information, given in the mentioned sources, and which closely relates to the themes in the books, is significant, as people must know not only their rights but also responsibilities, which must be followed.
Works Cited
Agra, Alberto C. Sufficient standards. BusinessMiror. 2009. Web.
Beier, Lois Yoder. The legal and regulatory environment of business. Kent: Kent State University, 2009. Print.
Cornell University Law School. U. S. Constitution. Web. 2009.
Emerson, Robert W. Business Law. New York: Barrons Educational Series, 2003. Print.
Gerrard, Neil. Rethinking regulatory risk: a strategy for the UK and global corporate governance. Balance sheet 11.1 (2003): 37-41. Print.
Goulden, Brain. Building ICT regulatory capacity in developing economies: a learning framework for regulators. Info 7.4 (2005): 3-7. Print.
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