Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: [email protected]@gmail.com Session 4, 25 Oct 2013.

English for Lawyers 1Lecturer: Miljen Matijašević

G10, room 6/I, Tue 11:30-12:30e-mail: [email protected]

Session 4, 25 Oct 2013

Today’s session

1. Revision of the last session

2. Statute Law in Britain

3. Translation practice

Revision of the last session

Sources and Varieties of English Law

Revision questions

1. Name three principal divisions of law.2. Translate into English:

◦ upravno pravo, radno pravo, ustavno pravo, pravo društava

3. What are the four sources of English law?4. Explain the two meanings of common law!5. Who is subject to EU law and where is it

created?6. What are the origins of common law?7. What about equity?

Statute Law in BritainUnit 3

The British Parliament Legislative Procedure

The GovernmentThe Prime Minister (Premijer)

The Cabinet (Vlada)Government departments (ministarstva)

Civil service (državni službenici)

The Queen

British Government and Parliament

British Government and Parliament

the Cabinet also referred to as Whitehall

British Parliament

The Palace of Westminster

The British Parliament

The House of Commons650 MPs

The House of Lords789 members

The Queen

British Government and Parliament

650 Members of Parliament (MPs) salaried

elected in the national election by the people

each MP represents the voters in his constituency

‘first past the post’ electoral system◦ the candidate with the most votes wins and goes to

Parliament, the others lose

The House of Commons

789 members (most of whom – peers) non-salaried (may claim expenses)

appointed by the Queen (at the proposal of the Prime Minister)

Lords Spiritual bishops – 24 (max. 26)

Lords Temporallife peers – 675 (no limit)

hereditary peers – 90 (max. 92)

The House of Lords

The Commons and the Lords

The Commons Searjant at Arms the Mace the Bar of the House the red lines – two sword lengths the Speaker of the House of Commons

The Lords the Throne the Woolsack the Lord Speaker (formerly the Lord Chancellor!)

Some peculiarities

Chooses the government (does not confirm

it)

Provides it with money and controls taxation

Enacts statute law

Supervises the executive

Redresses grievances of its constituents

The House of Commons

Gives advice on public policy, representing

the British society

Revises legislation passed by the Commons

Possibility for persons who have contributed

to the public life of Britain to participate in

government

Acts as a constitutional check

The House of Lords

Statute Law

STATUTE LAW = CODIFIED LAW In England originally enacted by the

monarch The role gradually taken over by

Parliament, as its powers grew and the monarch’s powers diminished (notably as a result of the 17th century conflicts between Stuart kings and Parliament)

Statutes as we know them today developed in the 19th century

PARLIAMENT has supreme law-making power

‘No limits’ to its law-making capacity – an act

enacted by Parliament which has undergone the

proper procedure may not be overturned! (no

constitutional court!)

However, in enacting laws, the following must be

taken into account: EU law and the European

Convention on Human Rights

More on statute law

The courts obliged to apply statute law

They do not have the power to overturn Acts

of Parliament

Statute law has precedence over common

law: if statute law provides a remedy, it will

have supremacy over a common law remedy

Statute law v. common law law

However, in drafting Acts of Parliament,

judicial precedents established within

common law are taken into account

On the other hand, a court decision can re-

interpret a statute and change the way it is

applied in future (by setting a precedent)

Statute law v. common law law

This term includes the three components of the legislative apparatus in the UK: the monarch (the Queen), the House of Commons and the House of Lords

An Act of Parliament has to be approved by all three in order to come into force

The Queen’s role in the legislative procedure reduced to formality and ceremony

The Queen in Parliament

At the beginning of each session of Parliament (usually November) and after a General Election, the Queen reads a speech outlining legislative proposals for the coming year

This speech is written by the Prime Minister

The Queen’s role

The other role of the Queen is to give the Royal Assent to a Bill in order for it to become an Act of Parliament, i.e. enter into force

Royal Assent has not been refused since 1707 (today the Queen no longer signs bills with her own hand nor is she even consulted)

today: given automatically by clerks representing the Sovereign, the Queen NOT involved or consulted

The Queen in Parliament

An Act of Parliament starts as a BILL (a legislative proposal)

There are four types of Bills, differing in scope

and subject matter:

PUBLIC BILLS

PRIVATE BILLS

also: HYBRID BILLS and PRIVATE MEMBERS’ BILLS

Legislative procedure

PUBLIC BILLS – affect the public at large, proposed by the Government (e.g. Domestic Violence Bill)

PRIVATE BILLS – concern a limited section of the population (Local and Personal Bills), may be initiated by associations and companies

HYBRID BILLS – relate to matters of national importance affecting in particular a local area (e.g. Channel Tunnel Bills)

PRIVATE MEMBERS’ BILLS – introduced by a ‘back-bencher’, provided there is time and luck! Rarely enacted, but may spark a public debate and indirectly affect legislative trends

Legislative procedure

Bills usually originate in the Commons

There are normally three readings for each bill, including a committee stage and a report stage

The procedure starts in the Commons and a largely similar procedure is followed in the Lords

Bills may be returned to the Commons for revision and amendments and the procedure may be repeated

Legislative procedure

The Lords may not reject a Bill, they can only delay its enactment for up to one year

When the final agreement is reached and the final version of the Bill is approved, the Bill is given the Royal Assent, thus becoming an Act of Parliament (statute)

Legislative procedure

Legislative procedure

The Scottish Parliament

The Northern Ireland Assembly

The National Assembly for Wales

RESERVED POWERS (retained by Westminster)

DEVOLVED POWERS (given to the devolved legislatures)

Devolved legislatures

Key terms

the Cabinetgovernment departments

constituencyMP

peerlife peers

hereditary peersLords TemporalLords Spiritual

the (Lord) Speakerto draft

a billthe monarch - the Sovereign

Royal AssentAct of Parliament

amendmentdevolved legislatures

There is no constitutional restriction on the subject-matter to be included in the statutes. Nothing prevents the passing of any statute, even one of obviously unreasonable content, provided that it has passed through the proper procedure in the two Houses of Parliament and has been signed by the Queen. Once a statute has been passed, the courts are obliged to follow it in dealing with any cases that may come before them and to which the statute is relevant. They interpret it, and interpretations create precedents, but they cannot find it invalid.

Translate into Croatian

Ne postoje ustavna ograničenja vezano uz temu kojom se može baviti neki zakon. Ništa ne sprečava donošenje bilo kojeg zakona, čak i onog naizgled nerazumnog sadržaja, pod uvjetom da je prošao propisani postupak u oba doma Parlamenta i dobio Kraljičin potpis. Nakon što je neki zakon usvojen, sudovi su ga dužni primjenjivati u slučajevima koji se pred njima pojavljuju te na koje se taj zakon odnosi. Sudovi tumače zakon, a tumačenja postaju presedani. No, sudovi nemaju ovlasti za proglašavanje zakona nevažećim.

Translate into Croatian

Thank you for your attention!