Upload
myrtle-montgomery
View
220
Download
3
Tags:
Embed Size (px)
Citation preview
1
The English Legal System
Law 403 Advanced Legal English
2
We will look at :The Crown and the GovernmentThe House of Commons The House of LordsThe British legal systemThe legal profession – barristers and
solicitors
Overview
3
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 IISome facts:
She is the Head of StateShe does not “rule” the countryShe fulfills a largely ceremonial roleShe 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
The Crown and the Government
4
The Crown
Her Majesty Queen Elizabeth II of England
More info available here: www.royal.gov.uk
5
The official London residence of the monarch is Buckingham Palace
Residence
6
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”
The Crown and the Government
7
Her Majesty’s Government’s headquarters are located at 10 Downing Street in the City of Westminster, London The PM lives here tooThis photo is of a previous PM, Tony Blair, with then US Sec of State,Dick CheneyQ: who is the current PM of England?
The Government
8
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 willIn almost all matters the queen acts on the advice of her
ministers
What is a “constitutional monarchy”?
9
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 legislatureAn opposition party or parties
Features of a constitutional monarchy:
10
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
Recent controversy
11
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?
Questions to consider…
12
Other examples of constitutional monarchies incl:CanadaAustraliaBarbados, AntiguaCambodiaDenmarkGrenadaJamaicaJapan MalayasiaMonacoNew Zealand…
Internationally…
13
Full name: the Parliament of the United Kingdom of Great Britain and Northern Ireland
Formed in 1707Parliament is the supreme legislative body in the
UKThe Parliament in the UK has two houses (like the
US) - it’s a bicameral legislature):Upper house = House of LordsLower 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
United Kingdom (UK) Parliament
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
Legislature – Parliament – headed by the SovereignThe 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
Separation of powers
16
Upper House of ParliamentHouse 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 TemporalLife 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 anotherHereditary Peers (91) – they inherited the role, most are
aligned with the Conservative Party
House of Lords
17
House of Lords
18
Until October 2009, the HL also had a judicial function HL was the court of last resort in the UKThere used to be 12 law lords who would hear
appealsThat was abolished by statuteSince 1 Oct 2009, the Supreme Court of the UK
holds that roleThere is now greater separation of powers
House of Lords – previously had a judicial function
19
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
House of Lords continued
20
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
House of Lords continued
21
Baroness Sayeeda WarsiAppointed head of the Conservative Party and
a Life Peer in the House of LordsBorn in England to Pakistani parentsLawyer, politicianFirst Muslim woman to beappointed to the HL - May 2010Controversial statement
House of Lords: a point of interest
22
Lower House of ParliamentIn 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 CommonsAll of the members are elected by the peopleElections are held every 5 yearsLatest election: 5 May 2010
House of Commons
23
House of Commons
24
May 2010 election took place across 65o constituencies
No party obtained a majorityIt resulted in a “hung Parliament”Result: coalition government between
Conservatives and Liberal DemocratsPrime Minister: David Cameron (Leader of
the Conservative Party)
House of Commons continued…
25
The House of Commons makes lawsAn Act starts out as a billIt passes through:
The First Reading – a formalitySecond 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)
House of Commons’ legislative function
26
So far we have looked at the UK system of government
We have seen that Parliament consists of three parts: the sovereign/monarchThe House of LordsThe 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
Summary