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STATUTE LAW IN BRITAIN

STATUTE LAW IN BRITAIN. Unit 3. Preview. 1. Introduction: statute, legislation, parliament 2. Common law vs. Statute law 3. Parliamentary sovereignty 3. Parliament: functions, composition 4. House of Commons: elections 5. House of Lords: hereditary peers, life peers

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STATUTE LAW IN BRITAIN

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  1. STATUTE LAW IN BRITAIN Unit 3

  2. Preview • 1. Introduction: statute, legislation, parliament • 2. Common law vs. Statute law • 3. Parliamentary sovereignty • 3. Parliament: functions, composition • 4. House of Commons: elections • 5. House of Lords: hereditary peers, life peers • 6. Law-making procedure • 7. Types of bills • 8. Statute book • 9. Statutory interpretation • 10. Legal terms • 11. Exercises

  3. Statute: Definition An established written law, especially an Act of Parliament An express and formal laying-down of a rule or rules of conduct to be observed in the future by persons to whom the statute is expessly, or by implication, made applicable

  4. Parliament: Definition • Elected group of representatives who form the legislative body which votes the laws of a country

  5. Legislation • The process of making or enacting a positive law in written form, according to some type of formal procedure, by a branch of government constituted to perform this process • Also: lawmaking; statute-making • Translation equivalents: • Zakonodavstvo; donošenje zakona

  6. Common law vs. statute law • In today’s world: a need for new law to meet new situations • Precedent – not suitable for major changes to the law, nor is it sufficiently quick, efficient law-making method for a modern society

  7. Common law vs. statute law • Judges - not elected by the people • In a democracy, laws should only be made by the elected representatives of society • The main legislative body in the UK: Parliament

  8. Common law v. Statute law

  9. Statute law • Laws passed by Parliamnet: Acts of Parliament or statutes • 60-70 Acts passed each year

  10. Parliament • The only body which has the right to enact a new law, or alter or reverse a law which Parliament itself has passed • Any law passed by Parliament which clashes with, or alters or reverses any part of the common law automatically takes precedence

  11. The Sovereignty of Parliament • Parliament is legislatively supreme and can make and unmake (=repeal) laws to any extent • Any Act passed by Parliament which is of general application is absolutely binding on all persons within the sphere of Parliament’s jurisdiction

  12. Sovereignty of Parliament • However controversial a particular statute may be, a judge is bound to enforce its provisions, although there may be some scope for judges to interpret a new statute in a particular way • EU law takes precedence in the event of conflict with statute or common law

  13. Functions of Parliament • To pass laws • To provide, by voting for taxation, the means of carrying on the work of government • To scrutinise government policy and administration • To debate the major issues of the day

  14. The British Parliament • The Queen • The House of Commons • The House of Lords

  15. The House of Commons • Members of Parliament (MPs) – not members of the nobility but ordinary common people known as ‘commoners’

  16. Elections • The UK: 646 geographical parts: constituencies • At least once every five years a General Election is held • Those who wish to stand for Parliament are called candidates

  17. Elections • The candidate who gets the most votes in a constituency is elected to become its MP • Most MPs belong to political parties (Conservative, Labour, or Liberal Democrat MP)

  18. Elections • Candidates – voted for as individuals • If for instance a Labour MP resigns or dies while in office, another Labour candidate will not automatically take over; there must be a new election in this constituency (by-election)

  19. Elections • Each political party – manifesto: a document setting out its aims and the policies it proposes to implement to achieve them

  20. Elections • The party with an overall majority of MPs - asked by the Queen to form the Government • Prime Minister is appointed to lead the Government • He forms his Cabinet from the important members of his party

  21. Elections • When no one party has a sufficient majority, or when a national emergency occurs, a coalition government may be formed by two or more parties temporarily uniting • The Cabinet forms its policies of government and turns to legislation as the means of carrying the policies into effect, e.g. The Local Government Act, 1972

  22. The House of Commons • Elected by universal adult suffrage • The chief officer of the House of Commons – the Speaker, elected by MPs to preside over the House

  23. The House of Lords • Lords Spiritual • Lords Temporal

  24. Lords Spiritual • Archbishops of Canterbury and York and leading Bishops, representatives of the Church of England (26 in total)

  25. Lords Temporal • Hereditary Peers • Life Peers

  26. Hereditary peers • Those whose titles are passed down from generation to generation • ‘peers by succession’ – they have succeeded to the titles of their ancestors

  27. The House of Lords Act 1999 • Hereditary peers lost the right to sit and vote in the House of Lords; 92 hereditary peers allowed to remain in the House for a transitional period • A small number have been made Life Peers

  28. Life Peers • Peers for their lifetime; cannot pass their titles on to their children • Distinguished in politics, education, business, law, arts, etc. • Membership in the House of Lords: a wide range of highly talented people

  29. The House of Lords • Not able to change or delay any laws which relate to finance and taxation • Power to hold up legislation of which they disapprove for a certain period of time • Power to check, influence or alter legislation

  30. Parliament Act 1911 • If a Bill is passed by the House of Commons but rejected by the House of Lords twice in two successive years, it may immediately be presented to the Queen for her Assent without obtaining the Lords’ further approval

  31. Law-Making Procedure • 1. Preparatory stage • 2. First Reading • 3. Second Reading • 4. Committee stage • 5. Report stage • 6. Third Reading • 7. Passage through the other House • 8. Royal Assent

  32. Preparatory stages • The government may initiate a consultative process by the publication of a Green Paper to attract public response and comment

  33. Preparatory stage • The government’s White Papers contain their more definite proposals; often published following consultation or discussion with pressure groups, professional bodies, or voluntary organisations

  34. First Reading • The title of the prepared Bill is read to the House of Commons • Acts as a notification of the proposed measure • The Bill is printed and published

  35. Second reading • The Minister or Member in charge of the Bill explains its purpose and the main issues of policy involved • The debate – limited to the purpose of the Bill and the means proposed for giving it effect • The House votes on the Bill • If the Bill survives the vote it passes to the next stage

  36. Committee stage • The Bill is dealt with by: • A) A committee of the whole House, • B) A select committee, or • C) A standing committee

  37. Committee Stage • A Select Committee – constituted on a party basis, while a Standing Committee is composed of 20-50 Members appointed to examine Public Bills, which, after a second reading, are not passed to a committee of the whole House or to Select Committees • The purpose: to consider the details of the Bill clause by clause

  38. The Report stage • The committee reports back to the House, and any proposed amendments are debated and voted upon • The amendments made in the committee are considered by the House, which may make any additional amendments

  39. Third Reading • A Bill is reviewed in its final form and may be debated again • The debate is confined to verbal amendments only, not the principles of the Bill

  40. Passage through the other House • After the third reading a Commons Bill is sent to the Lords where it has to pass all the required stages again • Amendments made by the second House must be agreed by the first, or a compromise reached, before a Bill can become law

  41. Passage through the other House • If agreement is impossible, the Commons can invoke its powers under the Parliament Acts, 1911 and 1949 whereby it may present the Bill for Royal Assent after one year without the agreement of the Lords • A Money Bill must originate in the Commons and may be delayed by the Lords for one month only

  42. Royal Assent • When a Bill has passed through all its parliamentary stages, it is sent to the Queen for Royal Assent, after which it is part of the law of the land and known as an Act of Parliament • The Royal Assent has not been refused since 1707

  43. Royal Assent • May be given by the Queen personally or by three Lords Commissioners • The Royal Assent Act, 1967, provides that an Act is duly enacted if the Royal Assent is notified to each House of Parliament, sitting separately, by the Speaker of that House • When Royal Assent is given, the Bill becomes an Act of Parliament and takes effect immediately

  44. Types of Bills • Public Bills – introduced by the Government • Private Members Bills – proposed by MPs • Private Bills – proposed by a local authority, etc.

  45. Public Bills • Written by parliamentary counsel who specializes in drafting legislation • Presented to Parliament by Government ministers and change the general law of the whole country

  46. Private Members’Bills • At the beginning of a Parliamentary Session (a session lasts one year), the Cabinet lays down its legislative programme • It is still possible for a Private Member (i.e. an MP who is not a member of the Government) to introduce a Bill

  47. Private Members’ Bills • If the Private Member’s Bill is of general importance and receives the suport of the House it may be adopted by the Government and so form part of its legislative programme

  48. Private Members’ Bills • Relatively few Private Members’ Bills become law, but some important laws have been passed as result of such Bills: Matrimonial Causes Act, 1937, Murder (Abolition of Death Penalty) Act, 1965 Abortion Act 1967, Marriage Act 1994

  49. Private Bills • Two types: • 1) Local • 2) Personal

  50. Local Bills • Purely local matters • Where a local authority or other public body wishes to acquire additional powers not available under the general law, it may obtain them by the promotion of a private Bill

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