Miljen Matijašević Office: G10, room 6 (1st floor) Tue, 11:30-12:30

Today’s session 1. Revision of the last session 2. Sources and Varieties of English Law 3. Statute Law in Britain

Separation of Powers – Legal Systems - What is Meant by Law?

Revision questions 1. What do you know about the concept of the separation of powers and three branches of power? 2. Name at least 4 meanings of the word ‘law’ 3. Who does these actions: enact, enforce, interpret the law. 4. Provide Croatian equivalents for the following terms: impose, neglect, infraction, coercion. 5. What is the principal difference between the common and civil law systems?

Laws are usually enacted by the legislative branch of the government. Once a regulation enters into force, the citizens of that country must conform to it. Any conduct contrary to this regulation is interpreted as an infraction of the regulation and may lead to penalties. These are given by the judiciary or institutions which are responsible for enforcing the regulation. Translate the following passage

Zakone obično donosi zakonodavna vlast. Kada neki propis stupi na snagu, gra đ ani te zemlje moraju ga se pridržavati. Bilo kakvo ponašanje suprotno tome propisu smatra se kršenjem istog i može biti kažnjeno. Kazne odre đ uje sudstvo ili institucije odgovorne za provo đ enje tog propisa. Translation (example)

Units 2&3

PRINCIPAL DIVISIONS: international law – national law (also: supranational law - EU) public law – private law Branches/areas of law

PUBLIC LAW – area of law in which the state has a direct interest PRIVATE LAW – area of law involving private citizens Branches/areas of law

HOMEWORK Exercise 5, p.9 – match the branches of law with their definitions Sources and Varieties of English Law

family law common law constitutional law criminal law public law administrative law labour law procedural law company law private law civil law substantive law commercial law Legal Systems, Branches of Law, Sources of Law What are the Croatian terms for the above?

family law – obiteljsko pravo constitutional law – ustavno pravo criminal law – kazneno pravo public law – javno pravo administrative law – upravno pravo labour law – radno pravo procedural law – procesno pravo company law – pravo (trgovačkih) društava private law – privatno pravo civil law – gra đ ansko pravo/kontinentalno pravo substantive law – materijalno pravo commercial law – trgovačko pravo Translations

NOTE: civil law – double meaning: (continental) civil law – legal system civil law – field of law (as opposed to criminal law) common law – double meaning: legal system (sustav common law) a source of law (precedentno pravo) Legal Systems, Fields of Law, Sources of Law

 Consider the relationships between the following Great Britain The British Isles Wales England The United Kingdom Ireland Scotland Northern Ireland England or the UK?

The British Isles

1. The United Kingdom of Great Britain and Northern Ireland 2. The Republic of Ireland  Great Britain: England, Wales and Scotland  Certain political and legal independence  England and Wales share a common legal system, while Scotland and Northern Ireland have separate legal systems The States

Sources of English Law

English Law  COMMON LAW  COMMON LAW – substantive law and procedural rules created by judicial decisions made in the courts  STATUTE LAW  STATUTE LAW – laws enacted in Parliament (statutes, i.e. Acts of Parliament)  EQUITY  EQUITY – a parallel system to common law  EU LAW  EU LAW – EU legislation and decisions of the Court of the EU applicable in all Member States

Norman Conquest  before the Norman Conquest (1066), laws were local and based on custom, administered by feudal courts  Norman Kings – political and administrative unification  introduced a national legal system and a system of courts  Henry II  Henry II ( ) - the common law system was instituted in its entirety  national legal system based on case law, which developed into judicial precedents – the basis of common law to the present day More on common law

Equity common law system proved rigid in its practices and its remedies often led to unsatisfactory results dissatisfied litigants turned to the monarch the monarch forwarded these petitions to the Lord Chancellor (Keeper of the King’s Conscience)

Equity the Court of Chancery was formed to deal with these petitions fairness developed into a separate system within English law known as EQUITY, as the Lord Chancellor was not bound by precedents administered by common law courts, but was rather guided by equity, i.e. fairness

e.g. where common law could only impose a payment of damages, equity had the option to issue an injuction or order specific performance equity soon established jurisdiction over matters where common law was failing, and as such continued to exist for five centuries Equity

The Supreme Court of Judicature Acts  reformed the system of courts and brought together the common law courts and the courts of Chancery  the Court of Chancery became the Chancery Division of the High Court of Justice, which it remains until the present time  equity has its own set of precedents  where common law and equity conflict, equity prevails Equity

Statute Law refers to laws made by the British Parliament – the legislature of the United Kingdom

The Government The Prime Minister (Premijer) The Cabinet (Vlada) Government departments (ministarstva) Civil service (državni službenici) The Queen British Government and Parliament

the Cabinet also referred to as Whitehall

British Parliament The Palace of Westminster

The British Parliament The House of Commons 650 MPs The House of Lords 789 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 Temporal life 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

apply  The courts obliged to apply statute law overturn  They do not have the power to overturn Acts of Parliament precedence remedy  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

drafting  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

BILL  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  PUBLIC BILLS – affect the public at large, proposed by the Government (e.g. Domestic Violence Bill)  PRIVATE BILLS  PRIVATE BILLS – concern a limited section of the population (Local and Personal Bills), may be initiated by associations and companies  HYBRID BILLS  HYBRID BILLS – relate to matters of national importance affecting in particular a local area (e.g. Channel Tunnel Bills)  PRIVATE MEMBERS’ 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 committee stage  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 revision amendments  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 Royal AssentAct of Parliament  When the final agreement is reached and the final version of the Bill is approved, the Bill is given the Royal Assent, thus becoming and Act of Parliament (statute) 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 Cabinet government departments constituency MP peer life peers hereditary peers Lords Temporal Lords Spiritual the (Lord) Speaker to draft a bill the monarch - the Sovereign Royal Assent Act of Parliament amendment codification devolved legislatures

Thank you for your attention!