Presentation on theme: "UNIT 3 Separation of Powers Statute Law in Britain"— Presentation transcript:
1UNIT 3 Separation of Powers Statute Law in Britain
2The Doctrine of Separation of Powers a model for the governance of democratic statesclosely linked to the RULE OF LAWJohn Locke (1690) – “if the same person has the power to make laws and execute them, they may exempt themselves from the laws they make and use the law to their own private advantage” a separate legislature and executiveMontesquieu ( ) – "the independence of the judiciary has to be real, and not apparent merely“ warned of failing to separate judicial power from the others
3(interprets+applies laws) Separation of powersthe state power is divided into brancheseach branch of the state has separate and independent powers and areas of responsibilitySTATE POWERLEGISLATIVEPARLIAMENT(enacts laws)EXECUTIVEGOVERNMENT(implements laws)JUDICIALCOURTS OF LAW(interprets+applies laws)
4The English legal system STATUTE LAWCOMMON LAWANCIENTCUSTOMSPARLIAMENTJUDICIALPRECEDENTSEUROPEANCOMMUNITYEQUITY LAW
5Statute law and Common law = primary legislation (Acts of Parliament)= set out in statutes voted by Parliament= approved by the MonarchCOMMON LAW (CASE LAW)= created by courts= developed through creation of precedents
6Statute law formal, written law of a country or state = enacted law = codified lawwritten and enacted by its legislativeauthority (Parliament)originally enacted by the monarch Parliament’s powers grew, monarch’s powers diminished taken over by Parliamentstatutes are organized in topicalarrangements called CODES (e.g. Commercial Code,Criminal Code etc.) or STATUTE BOOKS
7Legislative powers UK PARLIAMENT a) England and Wales supreme legislative body in the United Kingdom and British overseas territoriesorigins of the Parliament go bact to the 13th centuryparliamentary sovereignty (ultimate power over all otherPolitical bodies; dates back to 16th century)at its head - the Sovereign, Queen Elizabeth II(has 3 rights – the right to be consulted, to advise, to warn)- passes legislation specific toa) England and WalesActs of Parliamentb) the whole of the UK
8Composition of the UK Parliament BICAMERALThe MonarchUPPER HOUSEThe House of Lord(used to be hereditary body)Life PeersBishops (26)Elected hereditary Peers (92)(currently around 830 Members –appointed by the Queen andrecommenden by the Prime Minister )LOWER HOUSEThe House of Commonselected andrepresentative bodyMPs – Membersof the Parliament(650 Members – elected bythe population at large)
9UK PARLIAMENT – main roles Examining and challenging the work of the governmentDebating and passing all laws (legislation)Enabling the government to raise taxesDEBATES on- government policy- proposed legislation and- current issues
11Statute law in Britain Reading comprehension Part I Compare 1st the 2nd paragraph of the text with the following sentences. Mark them true (T) or false (F) and find the line(s) in the text which confirm(s) your choice.1. In Britain parliament means the same as legislature.2. Law-making is Parliament’s main function.3. The difference between legislation and judiciary is in the fact that legislation affects the rights of unnamed individuals in general, while judiciary operates in concrete individual cases.4. Constitutions usually do not assign the law –making to legislative bodies.
12Statute law in Britain Part II I Study the 3rd paragraph and fill in the gaps of the following sentences with appropriate characteristics of the two parts of the law in England.II The nature of English laws and the relation between COMMON LAW and STATUTE LAW is well illustrated in the text. What is compared to what?TYPE OF LAWDEFINITIONSCommon lawStatute lawCommon law == bricks constantly addedStatutes =
13Statute law in Britain Part III Use the information in the third part of the text to complete the following statements.1. The quality of ……………….. has increased at an enormous rate.2. Even a statute of ……………….. content can be added to the ……………… book,provided that it has passed through the ……………… procedure.3. Once a statute has been …………… and added to the statute book, ……………….. are obliged to follow it in dealing with any cases to which the statute is ……………….4. If a new statute …………….. the effect of some older statute already in the book, the new statute must clearly include ……………. of whatever in the old one is ……………. with the intentions of the new.
14alter, assign to, approve, affect Vocabulary practiceII Replace the underlined parts of the sentences by one of the given verbs.alter, assign to, approve, affect1. In constitutions law-making is usually said to be a responsibility of law-making bodies.2. The law of the state influences the rights of all members of this particular state.3. All Acts passed by the British Parliament have to be accepted by the Queen.4. A new statute might change the effect of some older statute already in the book.
15Legislative procedure ACT OF PARLIAMENT – starts as a BILLBill = a proposal for a new law, or= a proposal to change an existing law,presented for debate before ParliamentBill = can start in the House of Commons or the House of Lords= must be approved in the same form by both Housesbefore becoming an Act (law)Who can propose / introduce a Bill?The governmentIndividual MPs or LordsPrivate individuals or organisations
16Different types of Bills PUBLIC BILLS – the most common type of bills, proposed mostly by the Government, apply to the general population (eg. Change to the national speed limit on motorways) PRIVATE MEMBERS’ BILLS – Public Bills introduced by MPs and Lords who aren’t government ministers; only minority become law; may affect legislation indirectly by drawing attention to specific issues PRIVATE BILLS- usually promoted by organisations (e.g. local authorities or private companies) to give themselves powers beyond the general law; change the law as it applies to specific individuals or organisations HYBRID BILLS - mix the characteristics of Public and Private Bills; changes to the law proposed by a Hybrid Bill are of national importance but affect one part of the UK or a significant for a particular group or individual (eg. Channel Tunnel Bills)
17The Legislative process I HOUSE OF COMMONSBILLS usually originate in the Commons (taxation bills must start in the Commons)-goes through several stages (readings and debates)II HOUSE OF LORDS- debate, vote on passagemay return a Bill to the Commons for revision and amendmentsRESTRICTED POWERS - cannot delay the passage of Money BillsIII THE MONARCH- if passed in identical form by both Houses – presented to the Queen for the ROYAL ASSENT – approval of the Queen - a formal roleBILL LAW (Act of Parliament)
18The Legislative process Bill is drafted First Reading in the House of Commons Second Reading in the House of Commons Committee Stage Report Stage Third Reading in the House of Commons Same proceures in the House of Lords Royal Assent
19The Legislative process First ReadingSecond ReadingCommittee StageReport StageThird ReadingRepeat of process in the House of LordsRoyal AssentFormal introduction of Bill into the House of CommonsMain debate on Bill’s principles (voted, can be defeated)Clause by clause consideration of the Bill by a select committee (amendments added)Committee reports suggested amendments back to the House of Commons, only amendments are discussed, new amendments may be added)Final debate on the BillAll stages are repeated BUT if the House of Lords votes against the Bill, it can go back to the House of Commons and become law if the House of Commons passes it for the second time (rare occurence)A formality - normally Acts of Parliament come into force at midnight after receiving the Royal Assent
21The Royal Assentthe formal method by which a Monarch in many constitutional monarchies completes the process of the enactment of legislation, by formally assenting to an Act of ParliamentThe three formal options:Grant the Royal Assent = sign a bill into a lawWithhold the Royal Assent = veto the BillReserve the Royal Assent = neither veto nor confirm it, just leave it in limbo for an unspecified period- in practice no British monarch since 1707(1708) has withheld the Royal Assent
22Delegated or Secondary Legislation an Act of Parliament may delegate power to a government minister to make orders, regulations or rules SECONDARY or DELEGATED LEGISLATIONsecondary legislation is concerned with detailed changes to the law made under powers from an existing Act of Parliamentmade by bodies other than Parliament (e.g. the Government, Ministers, the Queen, local authorities)1. Orders in Councils2. Statutory Instruments3. Byelaws
23Essential termsseparation of powers (legislative, executive, judicial) = podjela vlasti (zakonodavna, izvršna, sudbena)statute / statutory law = kodificirano (pisano) pravostatutory laws = zakonski propisi (koje donosi parlament)statutory book = zbirka zakona/zakonikcase law = pravo sudskih presedana, sudska praksaan Act of Parliament = zakon (koji donosi parlament)to pass/enact a law = donijeti zakona bill = nacrt zakona, prijedlog zakonato introduce a bill = podnijeti prijedlog zakonato defeat a bill = poništiti prijedlog zakonato vote on a bill = glasovati o prijedlogu zakonasovereignty = independence = suverenitet, nezavisnost (sovereign = independent)supreme = vrhovni, najvišiRoyal Assent = kraljevska potvrda zakona; to grant = dati; to withhold = uskratitito approve approval = odobriti (odobrenje)to appoint = imenovati; appointment = imenovanjeto alter = promijenitito amend (a bill or a law)= dopuniti ; amendment = amandman, dopunato affect = utjecati, djelovatiadjudication = sudska odluka, presudaHouse of Lords = Gornji dom britanskog parlamentaHouse of Commons = Donji dom britanskog parlamentaBicameral = dvodomni