1. Statute Law in Britain (England, Wales and Scotland)
Unit 3
Statute Law in Britain
(England, Wales and Scotland)

2. Law-making = legislation
LEGISLATURE / legislative bodies
THE PARLIAMENT of the UK
the Sovereign
= the Monarch
= the Queen
the House of
Lords
the House of
Commons

3. 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...”

4. 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
TODAY
more new
satutes than
precedents
the wall = COMMON LAW
the bricks = new decisions by courts creating PRECEDENTS
the notes = statutes

5. Making of statutes no constitutional restrictions on the
subject-matter
paying regard to the common law already in existence
the proper procedure in the two Houses of Parliament is required for the passing of any statutes + signing of the Queen
after being passed a new statute is added to the
statute book

6. Statutes and the courts
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.

7. Division of statutes STATUTE BOOK PUBLIC ACTS PRIVATE ACTS
related to particular localities
give special powers, functions
or rights to particualr bodies
(individual or local authorities,
corporations, universities, or single
persons)
directed to the
COMMUNITY
as a whole

8. 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

9. 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...)

10. Complete the following definitions.
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.

11. KEY for the definitions.
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.

12. 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
HoL debates and votes about all the bills except money bills
(HoC controls taxation, state budget)
can not permanently stop a bill, by voting against it it can only delay its passing
HoC can force a bill through after such a delay without Lords’consent

13. 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 (HoC may not further amend it, HoL 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 HoC may direct the bill for Sovereigns Assent disregarding the rejection of the bill in the HoL.

14. “ 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 …

15. Answer the following questions.
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?

16. 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.