Presentation Transcript

1. Law 403 Advanced Legal English

   The English Legal System
2. Overview We will look at : The Crown and the Government The House of Commons The House of Lords The British legal system The legal profession – barristers and solicitors
3. The Crown and the Government The Crown : the symbol of the power and authority of the monarch (that is, the king or queen) In the United Kingdom (UK), the Crown is the reigning Monarch Currently it is Queen Elizabeth II Some facts: She is the Head of State She does not “rule” the country She fulfills a largely ceremonial role She is politically neutral – she does not stand for any political party, nor does any member of her family, nor does she vote in the elections All bills have to be assented to by the Queen before they become law
4. The Crown Her Majesty Queen Elizabeth II of England More info available here:www.royal.gov.uk
5. Residence The official London residence of the monarch is Buckingham Palace
6. The Crown and the Government The Government = the organization that is the governing authority The Government of the UK is officially known as “Her Majesty’s Government”” The Government is led by the Prime Minister who appoints all of the other Ministers England’s system of government is called a “constitutional monarchy”
7. The Government Her Majesty’s Government’s headquarters are located at 10 Downing Street in the City of Westminster, London The PM lives here too This photo is of a previous PM, Tony Blair, with then US Sec of State, Dick Cheney Q: who is the current PM of England?
8. What is a “constitutional monarchy”? It’s a system of government in which a king or queen acts as the Head of State The ability to pass legislation lies with an elected Parliament, not with the king or queen The Head of State remains the same, even when governments change – this provides stability and continuity The king/queen governs according to “rules” -the UK does not have a written constitution but it has many conventions (which have the force of law). The king/queen cannot rule according to his/her free will In almost all matters the queen acts on the advice of her ministers
9. Features of a constitutional monarchy: A head of state or sovereign who has no real power (eg Queen Elizabeth II) A head of government known as the Prime minister, Premier or First Minister who is appointed by the head of state but is really the leader of the most popular party An elected legislature An opposition party or parties
10. Recent controversy A few days ago, a BBC reporter disclosed the contents of a conversation that he had with the Queen This incident brings to light a number of “constitutional conventions” See article on the constitutional issues: http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10836553
11. Questions to consider… What do you think of the idea that the Queen’s conversations should remain private? How important is it that the Queen not be seen to be involved in politics? Do you understand what a “constitutional monarchy” is? To what extent do you think that a constitutional monarchy is an effective form of government? Should a king/queen have real power or just ceremonial power?
12. Internationally… Other examples of constitutional monarchies incl: Canada Australia Barbados, Antigua Cambodia Denmark Grenada Jamaica Japan Malayasia Monaco New Zealand…
13. United Kingdom (UK) Parliament Full name: the Parliament of the United Kingdom of Great Britain and Northern Ireland Formed in 1707 Parliament is the supreme legislative body in the UK The Parliament in the UK has two houses (like the US) - it’s a bicameral legislature): Upper house = House of Lords Lower house = House of Commons Parliament’s role is to examine what the government is doing and to make new laws Both houses play an important role
14. Westminster Both the House of Lords and the House of Commons assemble in the Palace of Westminster - HL on red benches and the HC on green benches
15. Separation of powers Legislature – Parliament – headed by the Sovereign The legislature (Parliament) in the UK consists of the Queen, the House of Lords and the House of Commons Executive = the Queen – in theory – but in reality its actually the Cabinet (ministers) Cabinet Ministers are also part of the legislature Judiciary = see below NOTE: There is not a strict separation of powers as there is an overlap between the executive and the legislature
16. House of Lords Upper House of Parliament House of Lords (HL) has 741 members as of December 2010 none of whom are elected Two different types of members: Lords Spiritual 26 senior bishops of the Church of England Lords Temporal Life Peers (625) – appointed by the Monarch on the advice of the Prime Minister; the total number is not fixed Most are politically aligned to one party or another Hereditary Peers (91) – they inherited the role, most are aligned with the Conservative Party
17. House of Lords
18. House of Lords – previously had a judicial function Until October 2009, the HL also had a judicial function HL was the court of last resort in the UK There used to be 12 law lords who would hear appeals That was abolished by statute Since 1 Oct 2009, the Supreme Court of the UK holds that role There is now greater separation of powers
19. House of Lords continued It does not oppose legislation promised in the Government’s election manifesto It should not spend more than 60 days over bills sent from the House of Commons May not amend any bill related to taxation It’s oversight of the House of Commons is limited
20. House of Lords continued Reform? Suggestions have been raised that part or all of the HL should be elected Suggested change of name to “Senate of the UK” Jack Straw – 2008 - recommendation for an 80-100% elected HL with 1/3 being elected at each general election, serving a term of 12-15 years
21. House of Lords: a point of interest Baroness SayeedaWarsi Appointed head of the Conservative Party and a Life Peer in the House of Lords Born in England to Pakistani parents Lawyer, politician First Muslim woman to be appointed to the HL - May 2010 Controversial statement
22. House of Commons Lower House of Parliament In theory, legislative power is vested in the “Queen-in-Parliament” but in reality it lies with the House of Commons 650 members of the House of Commons All of the members are elected by the people Elections are held every 5 years Latest election: 5 May 2010
23. House of Commons
24. House of Commons continued… May 2010 election took place across 65o constituencies No party obtained a majority It resulted in a “hung Parliament” Result: coalition government between Conservatives and Liberal Democrats Prime Minister: David Cameron (Leader of the Conservative Party)
25. House of Commons’ legislative function The House of Commons makes laws An Act starts out as a bill It passes through: The First Reading – a formality Second Reading – where it is debated; and Third Reading If passed at all three, it goes to the other house If both houses agree… It gets Royal Assent (signature) and becomes an Act An Act usually passes through both houses and is signed by the Sovereign (the Sovereign never declines Royal Assent)
26. Summary So far we have looked at the UK system of government We have seen that Parliament consists of three parts: the sovereign/monarch The House of Lords The House of Commons We have seen that only the House of Commons’ members are elected We have seen that Parliament is the supreme legislative body – all bills must go through all 3 parts of Parliament before them become a law Next: UK legal system