UNIT 3

Separation of Powers

Statute Law in Britain

The Doctrine of Separation of Powers

a model for the governance of democratic states closely linked to the RULE OF LAW

John 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 executive

Montesquieu (1689-1755) – "the independence of the judiciary has to be real, and not apparent merely“ warned of failing to separate judicial power from the others

Separation of powers the state power is divided into branches each branch of the state has separate and independent

powers and areas of responsibility

STATE POWER

LEGISLATIVE

PARLIAMENT(enacts laws)

EXECUTIVE

GOVERNMENT(implements laws)

JUDICIAL

COURTS OF LAW(interprets+applies laws)

The English legal system

STATUTE LAWCOMMON LAW

PARLIAMENT

EUROPEAN COMMUNITY

ANCIENTCUSTOMS

JUDICIAL PRECEDENTS

EQUITY LAW

Statute law and Common law

STATUTE LAW = primary legislation (Acts of Parliament) = set out in statutes voted by Parliament = approved by the Monarch

COMMON LAW (CASE LAW) = created by courts = developed through creation of

precedents

Statute law

formal, written law of a country or state

= enacted law = codified law written and enacted by its legislative

authority (Parliament) originally enacted by the monarch

Parliament’s powers grew, monarch’s powers diminished taken over by Parliament

statutes are organized in topical

arrangements called CODES (e.g. Commercial Code,

Criminal Code etc.) or STATUTE BOOKS

Legislative powersUK PARLIAMENT

- supreme legislative body in the United Kingdom and British overseas territories

- origins of the Parliament go bact to the 13th century- parliamentary sovereignty (ultimate power over all other

Political 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 to

a) England and Wales Acts of

Parliament b) the whole of the UK

Composition of the UK Parliament BICAMERAL

UPPER HOUSEThe House of Lord

(used to be hereditary body)Life Peers

Bishops (26)Elected hereditary Peers (92)(currently around 830 Members –

appointed by the Queen and recommenden by the Prime Minister )

LOWER HOUSEThe House of Commons

elected and representative body

MPs – Members of the Parliament

(650 Members – elected by the population at large)

The Monarch

UK PARLIAMENT – main roles

• Examining and challenging the work of the government

• Debating and passing all laws (legislation)

• Enabling the government to raise taxes

DEBATES on

- government policy

- proposed legislation and

- current issues

The Houses of Parliament

Statute law in Britain Reading comprehension

Part ICompare 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.

Statute law in Britain

Part III 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 LAW

DEFINITIONS

Common law

Statute law

Common law = = bricks constantly addedStatutes =

Statute law in Britain

Part IIIUse 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.

Vocabulary practice

II Replace the underlined parts of the sentences by one of the given verbs.

alter, assign to, approve, affect

1. 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.

Legislative procedure

ACT OF PARLIAMENT – starts as a BILL

Bill = a proposal for a new law, or = a proposal to change an existing law, presented for debate before Parliament Bill = can start in the House of Commons or the

House of Lords = must be approved in the same form by both

Houses before becoming an Act (law)

Who can propose / introduce a Bill? The government Individual MPs or Lords Private individuals or organisations

Different 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)

The 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 passage- may return a Bill to the Commons for revision and

amendments- RESTRICTED POWERS - cannot delay the passage of

Money Bills

III THE MONARCH- if passed in identical form by both Houses –

presented to the Queen for the ROYAL ASSENT – approval of the Queen - a formal role

BILL LAW (Act of Parliament)

The Legislative processBill 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

The Legislative process First Reading

Second Reading

Committee Stage

Report Stage

Third Reading

Repeat of process in the House of Lords

Royal Assent

Formal introduction of Bill into the House of Commons

Main 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 Bill

All 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

http://upload.wikimedia.org/wikipedia/en/6/63/Legislative_procedure_uk.svg

The Royal Assent the 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 Parliament

The three formal options:

1.Grant the Royal Assent = sign a bill into a law

2.Withhold the Royal Assent = veto the Bill

3.Reserve 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

Delegated or Secondary Legislation

an Act of Parliament may delegate power to a government minister to make orders, regulations or rules SECONDARY or DELEGATED LEGISLATION

secondary legislation is concerned with detailed changes to the law made under powers from an existing Act of Parliament

made by bodies other than Parliament (e.g. the Government, Ministers, the Queen, local authorities)

1. Orders in Councils 2. Statutory Instruments 3. Byelaws

Essential terms- separation of powers (legislative, executive, judicial) = podjela vlasti (zakonodavna, izvršna,

sudbena)- statute / statutory law = kodificirano (pisano) pravo- statutory laws = zakonski propisi (koje donosi parlament) - statutory book = zbirka zakona/zakonik- case law = pravo sudskih presedana, sudska praksa- an Act of Parliament = zakon (koji donosi parlament)- to pass/enact a law = donijeti zakon- a bill = nacrt zakona, prijedlog zakona- to introduce a bill = podnijeti prijedlog zakona- to defeat a bill = poništiti prijedlog zakona- to vote on a bill = glasovati o prijedlogu zakona- sovereignty = independence = suverenitet, nezavisnost (sovereign = independent)- supreme = vrhovni, najviši- Royal Assent = kraljevska potvrda zakona; to grant = dati; to withhold = uskratiti- to approve approval = odobriti (odobrenje)- to appoint = imenovati; appointment = imenovanje- to alter = promijeniti- to amend (a bill or a law)= dopuniti ; amendment = amandman, dopuna- to affect = utjecati, djelovati- adjudication = sudska odluka, presuda- House of Lords = Gornji dom britanskog parlamenta- House of Commons = Donji dom britanskog parlamenta- Bicameral = dvodomni