Unit 3 Statute Law in Britain England Wales
Unit 3 Statute Law in Britain (England, Wales and Scotland)
Law-making = legislation LEGISLATURE / legislative bodies THE PARLIAMENT of the UK the House of Commons the Sovereign = the Monarch = the Queen the House of Lords
Definition of legislation Legislation consists “of the making of determinations which are issued to indicated but unnamed and unspecified persons or situations. ”. . it “affects the rights of individuals in the abstract and must be applied in further proceedings. . . ”
Division of law according to its developement COMMON LAW – created by the courts and developed through the creation of precedents by their particular decisions. STATUTORY LAW – set out in the statutes - voted by the Parliament - approved by the Monarch the wall = COMMON LAW the bricks = new decisions by courts creating PRECEDENTS the notes = statutes TODAY more new satutes than precedents
Making of statutes no constitutional restrictions on the subject-matter n paying regard to the common law already in existence n the proper procedure in the two Houses of Parliament is required for the passing of any statutes + signing of the Queen n after being passed a new statute is added to the statute book n
Statutes and the courts n n n courts are obliged to follow the statute book in dealing with any cases they interpret statutes and interpretations create precedents, but statutes can not be invalid if a new statute alters the effect of some older statute already in the book the new statute must clearly include a repeal of whatever in the old one is inconsistent with the intentions of the new.
Division of statutes STATUTE BOOK PUBLIC ACTS - directed to the COMMUNITY as a whole PRIVATE ACTS -related to particular localities - give special powers, functions or rights to particualr bodies (individual or local authorities, corporations, universities, or single persons)
Expressions from the Unit 3 - - constitutions assign the law-making power to. . . (legislative bodies) to issue determinations legislation affects the rights of individuals courts create common law the creation of precedents statutes voted by the Parliament be approved by the Monarch additions in the form of new statutes to be active in passing legislation
Expressions – part II - the common law already in existence no constitutional restriction on the subject matter be included in the statutes to pass through the proper procedure to be signed by the Queen to add to the statute book to be obliged to follow. . . (statutes / rules. . . ) to interpret statutes (interpretation) conflict of meanings between statutes give special powers or functions to. . . (bodies, persons. . . )
Complete the following definitions. 1. 2. 3. 4. 5. The book which contains the written law is called ____________. A law made by the legislature is called a _____. The system or body of fundamental rules and principles of a state which determines the powers of the government and guarantees certain rights to the people is ______. The supreme legislative body of a nation or state is ________ is the power of law-making.
KEY for the definitions. 1. 2. 3. 4. 5. The book which contains the written law is called statute book. A law made by the legislature is called a statute. The system or body of fundamental rules and principles of a state which determines the powers of the government and guarantees certain rights to the people is constitution. The supreme legislative body of a nation or state is parliament. Legislation is the power of law-making.
What is going on during the legislation procedure in the two houses of the UK Parliament? The IMPACT of the two houses: - Since the Parliaments Act of 1911 and 1949 the powers of the House of Lords have been smaller than those of the House of Commons - Ho. L debates and votes about all the bills except money bills (Ho. C controls taxation, state budget) - can not permanently stop a bill, by voting against it it can only delay its passing - Ho. C can force a bill through after such a delay without Lords’consent
From a bill to a statute - stages - The 1. stage – the first reading, just a formality - The 2. stage – the second reading, debate about the bill voting to recject the bill / to pass the motion - The 3. stage – the bill sent to committees in both houses , they consider the bill clause by clause (amending the bill) report the bill to the house - The 4. stage – third reading (Ho. C may not further amend it, Ho. L can make further amendments to the bill) - The 5. stage – presentation for the Sovereign’s Assent (if passed in identical form; in case of disagreements that houses can not resolve the bill can fail). !!!! The Ho. C may direct the bill for Sovereigns Assent disregarding the rejection of the bill in the Ho. L.
“ BE IT ENACTED” - The last stage -The Sovereign may either grant the Royal Assent (make the bill a law) or withold it (the last refusal in 1708, Queen Anne, “the settling of Militia in Scotland”) Enacting formula: “BE IT ENACTED by the Qeens’s (King’s) most Excellent Majesty, by and with the advice and consent of the Lords spiritual and Temporal and Commons, in the present parliament assembled, and by the authority of the same, as follows…” 2. version - …of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Act 1911 and 1949, and …
Answer the following questions. 1. 2. 3. 4. 5. 6. 7. Which is one of the most important legislative bodies in the majority of countries? What does the Parliament of the UK consist of? How do some writers define legislation? How can English law be divided according to its developement? How does common law develope? How does statutary law come into being? Which picture can illustrate the relation between common law and statute law?
Questions – part II 8. What is today the more frequent form of new additions in English law? 9. Can Parliament pass new laws without paying attention to the common law already in existence? 10. Are there any limitations to the subject matter of new satutes? 11. What is the last step in the procedure of passing a new statute? 12. What kind of obligation do the courts have considering the statute book? 13. What happens if a new statute alters the effect of some older statute already in the book? 14. Which kinds of statutes are there? Explaine them.
- Slides: 16
