1. UNIT 3 Separation of Powers Statute Law in Britain

2. The Doctrine of Separation of Powers
a model for the governance of democratic states
closely linked to the RULE OF LAW
John Locke (1690) – “if the same person has the power to make laws and execute them, they may exempt themselves from the laws they make and use the law to their own private advantage” a separate legislature and executive
Montesquieu ( ) – "the independence of the judiciary has to be real, and not apparent merely“ warned of failing to separate judicial power from the others

3. (interprets+applies laws)
Separation of powers
the state power is divided into branches
each branch of the state has separate and independent powers and areas of responsibility
STATE POWER
LEGISLATIVE
PARLIAMENT
(enacts laws)
EXECUTIVE
GOVERNMENT
(implements laws)
JUDICIAL
COURTS OF LAW
(interprets+applies laws)

4. The English legal system
STATUTE LAW
COMMON LAW
ANCIENT
CUSTOMS
PARLIAMENT
JUDICIAL
PRECEDENTS
EUROPEAN
COMMUNITY
EQUITY LAW

5. Statute law and Common law
= primary legislation (Acts of Parliament)
= set out in statutes voted by Parliament
= approved by the Monarch
COMMON LAW (CASE LAW)
= created by courts
= developed through creation of precedents

6. Statute law formal, written law of a country or state
= enacted law = codified law
written and enacted by its legislative
authority (Parliament)
originally enacted by the monarch Parliament’s powers grew, monarch’s powers diminished taken over by Parliament
statutes are organized in topical
arrangements called CODES (e.g. Commercial Code,
Criminal Code etc.) or STATUTE BOOKS

7. Legislative powers UK PARLIAMENT a) England and Wales
supreme legislative body in the United Kingdom and British overseas territories
origins of the Parliament go bact to the 13th century
parliamentary sovereignty (ultimate power over all other
Political bodies; dates back to 16th century)
at its head - the Sovereign, Queen Elizabeth II
(has 3 rights – the right to be consulted, to advise, to warn)
- passes legislation specific to
a) England and Wales
Acts of Parliament
b) the whole of the UK

8. Composition of the UK Parliament
BICAMERAL
The Monarch
UPPER HOUSE
The House of Lord
(used to be hereditary body)
Life Peers
Bishops (26)
Elected hereditary Peers (92)
(currently around 830 Members –
appointed by the Queen and
recommenden by the Prime Minister )
LOWER HOUSE
The House of Commons
elected and
representative body
MPs – Members
of the Parliament
(650 Members – elected by
the population at large)

9. UK PARLIAMENT – main roles
Examining and challenging the work of the government
Debating and passing all laws (legislation)
Enabling the government to raise taxes
DEBATES on
- government policy
- proposed legislation and
- current issues

10. The Houses of Parliament

11. Statute law in Britain Reading comprehension Part I
Compare 1st the 2nd paragraph of the text with the following sentences. Mark them true (T) or false (F) and find the line(s) in the text which confirm(s) your choice.
1. In Britain parliament means the same as legislature.
2. Law-making is Parliament’s main function.
3. The difference between legislation and judiciary is in the fact that legislation affects the rights of unnamed individuals in general, while judiciary operates in concrete individual cases.
4. Constitutions usually do not assign the law –making to legislative bodies.

12. Statute law in Britain Part II
I Study the 3rd paragraph and fill in the gaps of the following sentences with appropriate characteristics of the two parts of the law in England.
II The nature of English laws and the relation between COMMON LAW and STATUTE LAW is well illustrated in the text. What is compared to what?
TYPE OF LAW
DEFINITIONS
Common law
Statute law
Common law =
= bricks constantly added
Statutes =

13. Statute law in Britain Part III
Use the information in the third part of the text to complete the following statements.
1. The quality of ……………….. has increased at an enormous rate.
2. Even a statute of ……………….. content can be added to the ……………… book,
provided that it has passed through the ……………… procedure.
3. Once a statute has been …………… and added to the statute book, ……………….. are obliged to follow it in dealing with any cases to which the statute is ……………….
4. If a new statute …………….. the effect of some older statute already in the book, the new statute must clearly include ……………. of whatever in the old one is ……………. with the intentions of the new.

14. alter, assign to, approve, affect
Vocabulary practice
II Replace the underlined parts of the sentences by one of the given verbs.
alter, assign to, approve, affect
1. In constitutions law-making is usually said to be a responsibility of law-making bodies.
2. The law of the state influences the rights of all members of this particular state.
3. All Acts passed by the British Parliament have to be accepted by the Queen.
4. A new statute might change the effect of some older statute already in the book.

15. Legislative procedure
ACT OF PARLIAMENT – starts as a BILL
Bill = a proposal for a new law, or
= a proposal to change an existing law,
presented for debate before Parliament
Bill = can start in the House of Commons or the House of Lords
= must be approved in the same form by both Houses
before becoming an Act (law)
Who can propose / introduce a Bill?
The government
Individual MPs or Lords
Private individuals or organisations

16. Different types of Bills
PUBLIC BILLS – the most common type of bills, proposed mostly by the Government, apply to the general population (eg. Change to the national speed limit on motorways) PRIVATE MEMBERS’ BILLS – Public Bills introduced by MPs and Lords who aren’t government ministers; only minority become law; may affect legislation indirectly by drawing attention to specific issues PRIVATE BILLS- usually promoted by organisations (e.g. local authorities or private companies) to give themselves powers beyond the general law; change the law as it applies to specific individuals or organisations HYBRID BILLS - mix the characteristics of Public and Private Bills; changes to the law proposed by a Hybrid Bill are of national importance but affect one part of the UK or a significant for a particular group or individual (eg. Channel Tunnel Bills)

17. The Legislative process
I HOUSE OF COMMONS
BILLS usually originate in the Commons (taxation bills must start in the Commons)
-goes through several stages (readings and debates)
II HOUSE OF LORDS
- debate, vote on passage
may return a Bill to the Commons for revision and amendments
RESTRICTED POWERS - cannot delay the passage of Money Bills
III THE MONARCH
- if passed in identical form by both Houses – presented to the Queen for the ROYAL ASSENT – approval of the Queen - a formal role
BILL LAW (Act of Parliament)

18. The Legislative process
Bill is drafted First Reading in the House of Commons Second Reading in the House of Commons Committee Stage Report Stage Third Reading in the House of Commons Same proceures in the House of Lords Royal Assent

19. The Legislative process
First Reading
Second Reading
Committee Stage
Report Stage
Third Reading
Repeat of process in the House of Lords
Royal Assent
Formal introduction of Bill into the House of Commons
Main debate on Bill’s principles (voted, can be defeated)
Clause by clause consideration of the Bill by a select committee (amendments added)
Committee reports suggested amendments back to the House of Commons, only amendments are discussed, new amendments may be added)
Final debate on the Bill
All stages are repeated BUT if the House of Lords votes against the Bill, it can go back to the House of Commons and become law if the House of Commons passes it for the second time (rare occurence)
A formality - normally Acts of Parliament come into force at midnight after receiving the Royal Assent

21. The Royal Assent
the formal method by which a Monarch in many constitutional monarchies completes the process of the enactment of legislation, by formally assenting to an Act of Parliament
The three formal options:
Grant the Royal Assent = sign a bill into a law
Withhold the Royal Assent = veto the Bill
Reserve the Royal Assent = neither veto nor confirm it, just leave it in limbo for an unspecified period
- in practice no British monarch since 1707(1708) has withheld the Royal Assent

22. Delegated or Secondary Legislation
an Act of Parliament may delegate power to a government minister to make orders, regulations or rules SECONDARY or DELEGATED LEGISLATION
secondary legislation is concerned with detailed changes to the law made under powers from an existing Act of Parliament
made by bodies other than Parliament (e.g. the Government, Ministers, the Queen, local authorities)
1. Orders in Councils
2. Statutory Instruments
3. Byelaws

23. Essential terms
separation of powers (legislative, executive, judicial) = podjela vlasti (zakonodavna, izvršna, sudbena)
statute / statutory law = kodificirano (pisano) pravo
statutory laws = zakonski propisi (koje donosi parlament)
statutory book = zbirka zakona/zakonik
case law = pravo sudskih presedana, sudska praksa
an Act of Parliament = zakon (koji donosi parlament)
to pass/enact a law = donijeti zakon
a bill = nacrt zakona, prijedlog zakona
to introduce a bill = podnijeti prijedlog zakona
to defeat a bill = poništiti prijedlog zakona
to vote on a bill = glasovati o prijedlogu zakona
sovereignty = independence = suverenitet, nezavisnost (sovereign = independent)
supreme = vrhovni, najviši
Royal Assent = kraljevska potvrda zakona; to grant = dati; to withhold = uskratiti
to approve approval = odobriti (odobrenje)
to appoint = imenovati; appointment = imenovanje
to alter = promijeniti
to amend (a bill or a law)= dopuniti ; amendment = amandman, dopuna
to affect = utjecati, djelovati
adjudication = sudska odluka, presuda
House of Lords = Gornji dom britanskog parlamenta
House of Commons = Donji dom britanskog parlamenta
Bicameral = dvodomni