UNIT 3 Separation of Powers Statute Law in

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 AIM = to establish a system of checks and balances; each branch controls the other two STATE POWER EXECUTIVE LEGISLATIVE PARLIAMENT (enacts laws) GOVERNMENT, PRESIDENT etc. JUDICIAL COURTS OF LAW (interprets+applies laws, (implements laws administers justice) and policies, introduces laws into the Parliament)

The English legal system STATUTE LAW PARLIAMENT EUROPEAN COMMUNITY COMMON LAW ANCIENT CUSTOMS JUDICIAL PRECEDENTS EQUITY LAW

Statute law and Common law STATUTE LAW = primary legislation enacted by the Parliament (Acts of Parliament) = set out in statutes voted by Parliament = approved by the Monarch COMMON LAW (CASE LAW) = created by judicial decisions in made in 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law of a country or state = enacted law = codified law written and enacted by its legislative authority (Parliament) originally enacted by the monarch Parliament’s powers grew, monarch’s powers diminished taken over by Parliament has precedence over the common law (statute law remedy has a priority) – can overrule any custom or judicial prcedent, delegated legislation or previous Act of Parliament statutes are organized in topical arrangements called CODES (e. g. Commercial Code, Criminal Code etc. ) or STATUTE BOOKS

Legislative powers UK PARLIAMENT supreme legislative body in the United Kingdom and British overseas territories; (must consider EU law and the European Convention on Human Rights) - origins of the Parliament go back to the 13 th century - parliamentary sovereignty (ultimate power over all other Political bodies; dates back to 16 th century) - Parliament passes legislation specific to - a) England Wales Acts of Parliament b) the whole of the UK LEGISLATURE = an organized body having the authority to make laws LEGISLATION = 1. making of laws; 2. a proposed or enacted law or group of laws

The Monarch - at the head of the state - the Sovereign, Queen Elizabeth II - “reigns but does not rule” = has 3 rights 1. to be consulted, 2. to advise, 3. to warn = is commander-in-chief of the armed forces = appoints all the important offices of the state – ministers on the recommendation of the Prime Minister = ceremonial role, but still acts as a final check on executive power

Composition of the UK Parliament BICAMERAL The Monarch UPPER HOUSE The House of Lord (used to be hereditary body) Members of the House of Lords Life Peers Bishops (26) Elected hereditary Peers (92) (currently around 830 Members – appointed by the Queen and recommenden by the Prime Minister ) LOWER HOUSE The House of Commons elected and representative body MPs – Members of the Parliament (650 Members – elected by the population at large)

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 I Compare 1 st the 2 nd 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 II I Study the 3 rd paragraph and fill in the gaps of the following sentences with appropriate characteristics of the two parts of the law in England. TYPE OF LAW DEFINITIONS Common law Statute law 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? Common law Statutes = = = bricks constantly added

Statute 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.

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 COMMONS BILLS 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 (cannot reject a Bill) - 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 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

The Legislative Process First Reading Formal introduction of Bill into the House of Commons Second Reading Main debate on Bill’s principles (voted, can be defeated) Committee Stage Clause by clause consideration of the Bill by a select committee (amendments added) Report Stage Committee reports suggested amendments back to the House of Commons, only amendments are discussed, new amendments may be added) Third Reading Final debate on the Bill Repeat of process in the House of Lords 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) Royal Assent A formality - normally Acts of Parliament come into force at midnight after receiving the Royal Assent

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 other bodies 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) effective as soon as they are made 1. Orders in Councils (enacted by the Privy Council) 2. Statutory Instruments (issued by government ministers of the Queen) 3. Byelaws (enacted by local authorities)

Essential terms -separation of powers (legislative, executive, judicial) = podjela vlasti (zakonodavna, izvršna, sudbena) -checka and balances = uzajamna kontrola moći triju oblika vlasti -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 -Supremacy = vrhovna vlast, prevlast -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 -delegated legislation = podzakonski propisi; sekundarno zakonodavstvo - statutory instruments = pravilnici,

Vocabulary practice I Fill in the gaps with the following words: legislate repeal delegated bye-laws enact amend statutes enforce Bills The predominant sources of law in the UK are: primary legislation, known as Acts of Parliament or ______, which begin life as drafts called _____; and secondary or ______ legislation, such as statutory instruments, _____, and professional regulations. A new Act is usually passed in order to update or _____existing legislation or to ______ for new circumstances and enforce government policies. Parliament can ______ any law it chooses or _____ obsolete laws which are no longer relevant, and the courts must ______ it. The exception to this is EU law.

Vocabulary practice - Key II Translate the text into Croatian. The predominant sources of law in the UK are: Primary legislation, known as Acts of Parliament or statutes, which begin life as drafts called Bills; and secondary or delegated legislation, such as statutory instruments, bye-laws, and professional regulations. A new Act is usually passed in order to update or amend existing legislation or to legislate for new circumstances and enforce government policies. Parliament can enact any law it chooses or repeal obsolete laws which are no longer relevant, and the courts must enforce it. The exception to this is EU law.