English for social workers I session 2, 14 oct 2013

1. English for social workers Isession 2, 14 oct 2013 Miljen Matijašević E-mail: miljen.matijasevic@gmail.com Office: G10, room 6 (1st floor) Tue, 11:30-12:30

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

3. Revision of the last session Separation of Powers – Legal Systems - What is Meant by Law?

4. Revision questions • What do you know about the concept of the separation ofpowersandthree branches of power? • Name at least 4 meaningsofthe word ‘law’ • Who doestheseactions: enact, enforce, interpret thelaw. • Provide Croatianequivalents for thefollowingterms: impose, neglect, infraction, coercion. • What is the principal differencebetweenthecommonand civil law systems?

5. Translate the following passage 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.

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

7. Sources and Varieties of EnglishLawStatute LawinBritain Units 2&3

8. Branches/areasoflaw PRINCIPAL DIVISIONS: internationallaw – national law (also: supranationallaw - EU) publiclaw – privatelaw

9. Branches/areasoflaw PUBLIC LAW – areaoflawinwhichthe state has a directinterest PRIVATE LAW – areaoflawinvolvingprivatecitizens

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

12. Legal Systems, Branches of Law, Sources of 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 What are the Croatian terms for the above?

13. Translations 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 – građansko pravo/kontinentalno pravo substantive law – materijalno pravo commercial law – trgovačko pravo

14. Legal Systems, Fields of Law, Sources of Law 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 commonlaw) • a source oflaw (precedentno pravo)

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

16. The British Isles

17. TheStates • The United Kingdom of Great Britain and Northern Ireland • 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

18. Sources of English Law

19. English Law • COMMON LAW – substantive law and procedural rules created by judicial decisions made in the courts • STATUTE LAW – lawsenactedinParliament (statutes, i.e. ActsofParliament) • EQUITY – a parallelsystem to commonlaw • EU LAW – EU legislation and decisions of the Court ofthe EU applicable in all Member States

20. More on common law • 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 (1154-89) - 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

21. 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)

22. Equity • the Court of Chancery was formed to deal with these petitions • 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

23. Equity • 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

24. Equity The Supreme Court of Judicature Acts 1873-1875 • 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

25. Statute Law • refers to lawsmadebythe British Parliament – thelegislatureofthe United Kingdom

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

27. British Government and Parliament the Cabinet also referred to as Whitehall

28. British Parliament The Palace of Westminster

29. British Government and Parliament The British Parliament The House of Commons 650 MPs The House of Lords 789 members The Queen

30. The House of Commons • 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

31. The House of Lords • 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)

32. The Commons and the Lords

33. Some peculiarities 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!)

34. TheHouseofCommons • Choosesthegovernment (doesnotconfirm it) • Provides it with money and controls taxation • Enacts statute law • Supervisestheexecutive • Redressesgrievancesofitsconstituents

35. TheHouseofLords • Givesadvice on publicpolicy, representingthe British society • ReviseslegislationpassedbytheCommons • Possibility for persons who havecontributed to thepublic life ofBritain to participateingovernment • Acts as a constitutionalcheck

36. 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

37. More on statute law • 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

38. Statute law v. commonlawlaw • The courts obliged to applystatute law • They do not have the power to overturnActs of Parliament • Statute law has precedenceover common law: if statute law provides a remedy, it will have supremacy over a common law remedy

39. Statute law v. commonlawlaw • However, in draftingActs of Parliament, judicial precedents established within common law are taken into account • On theotherhand, a court decisioncan re-interpret a statute and change theway it is applied in future (bysetting a precedent)

40. The Queen in Parliament • 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

41. The Queen’s role • 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

42. The Queen in Parliament • 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 theSovereign, the Queen NOT involved or consulted

43. Legislative procedure • 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

44. Legislative procedure • PUBLIC BILLS – affect the public at large, proposed by the Government (e.g. Domestic Violence Bill) • PRIVATE BILLS – concern a limited section of the population (Local and Personal Bills), may be initiated by associations and companies • HYBRID BILLS – relate to matters of national importance affecting in particular a local area (e.g. Channel Tunnel 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

45. Legislative procedure • Bills usually originate in the Commons • 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 • Bills may be returned to the Commons for revision and amendments and the procedure may be repeated

46. Legislative procedure • The Lords may not reject a Bill, they can only delay its enactment for up to one year • 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)

47. Legislative procedure

48. Devolved legislatures The Scottish Parliament The Northern Ireland Assembly The National Assembly for Wales • RESERVED POWERS (retained by Westminster) • DEVOLVED POWERS (given to the devolved legislatures)

49. Key terms the Cabinet government departments constituency MP peer life peers hereditarypeers LordsTemporal LordsSpiritual the (Lord) Speaker to draft a bill the monarch - the Sovereign Royal Assent Act of Parliament amendment codification devolvedlegislatures

50. Thank you for your attention!