UNIT 3
Separation of Powers
Statute Law in Britain
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 (1689-1755) – "the independence of the judiciary has to be
real, and not apparent merely“
judicial power from the others
warned of failing to separate
Separation of powers
 the state power is divided into branches
 each branch of the state has separate and independent powers and areas of
responsibility
 AIM = to establish a system of checks and balances; each branch controls
the other two
STATE POWER
EXECUTIVE
LEGISLATIVE
PARLIAMENT
(enacts laws)
JUDICIAL
GOVERNMENT,
PRESIDENT etc.
COURTS OF LAW
(interprets+applies laws,
(implements laws
administers justice)
and policies, introduces
laws into the Parliament)
The English legal system
STATUTE LAW
PARLIAMENT
EUROPEAN
COMMUNITY
COMMON LAW
ANCIENT
CUSTOMS
JUDICIAL
PRECEDENTS
EQUITY LAW
Statute law and Common law
STATUTE LAW
= primary legislation enacted by the Parliament
(Acts of Parliament)
= set out in statutes voted by Parliament
= approved by the Monarch
COMMON LAW (CASE LAW)
= created by judicial decisions in made in courts
= developed through creation of precedents
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originally enacted by the monarch Parliament’s powers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
has precedence over the common law (statute law remedy
has a priority) – can overrule any custom or judicial
prcedent, delegated legislation or previous Act of
Parliament
statutes are organized in topical arrangements called
CODES (e.g. Commercial Code, Criminal Code etc.) or
STATUTE BOOKS
Legislative powers
UK PARLIAMENT
supreme legislative body in the United Kingdom and British overseas
territories; (must consider EU law and the European Convention on
Human Rights)
- origins of the Parliament go back to the 13th century
- parliamentary sovereignty (ultimate power over all other
Political bodies; dates back to 16th century)
 - Parliament passes legislation specific to
-
a) England and Wales
Acts of Parliament
b) the whole of the UK


LEGISLATURE = an organized body having the authority to make laws
LEGISLATION = 1. making of laws; 2. a proposed or enacted law or group of laws
The Monarch
- at the head of the state - the Sovereign, Queen Elizabeth II -
“reigns but does not rule”
= has 3 rights
1. to be consulted,
2. to advise,
3. to warn
= is commander-in-chief of the armed forces
= appoints all the important offices of the state – ministers on
the recommendation of the Prime Minister
= ceremonial role, but still acts as a final check on executive
power
Composition of the UK Parliament
BICAMERAL
The Monarch
UPPER HOUSE
The House of Lord
(used to be hereditary body)
Members of the House of Lords
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)
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

The Houses of Parliament
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.
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.
TYPE OF LAW
DEFINITIONS
Common law
Statute law
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?
Common law
Statutes
=
=
=
bricks constantly added
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.
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.
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
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)
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
(cannot reject a Bill)
- 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)
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
The Legislative Process
First Reading
Formal introduction of Bill into the House of Commons
Second Reading
Main debate on Bill’s principles (voted, can be defeated)
Committee Stage
Clause by clause consideration of the Bill by a select
committee (amendments added)
Report Stage
Committee reports suggested amendments back to the
House of Commons, only amendments are discussed,
new amendments may be added)
Third Reading
Final debate on the Bill
Repeat of process in the
House of Lords
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)
Royal Assent
A formality - normally Acts of Parliament come into
force at midnight after receiving the Royal Assent
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:
1. Grant the Royal Assent = sign a bill into a law
2. Withhold the Royal Assent = veto the Bill
3. 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
Delegated or Secondary
Legislation
 an Act of Parliament may delegate power to other bodies 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)
 effective as soon as they are made
1. Orders in Councils (enacted by the Privy Council)
2. Statutory Instruments (issued by government
ministers of the Queen)
3. Byelaws (enacted by local authorities)
Essential terms
-separation of powers (legislative,
executive, judicial) = podjela vlasti
(zakonodavna, izvršna, sudbena)
-checka and balances = uzajamna kontrola
moći triju oblika vlasti
-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
-Supremacy = vrhovna vlast, prevlast
-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
-delegated legislation = podzakonski
propisi; sekundarno zakonodavstvo
- statutory instruments = pravilnici,
Vocabulary practice
I Fill in the gaps with the following words:
legislate repeal delegated bye-laws enact amend statutes enforce Bills
The predominant sources of law in the UK are: primary legislation, known as Acts
of Parliament or ___________, which begin life as drafts called __________; and
secondary or ____________ legislation, such as statutory instruments, _________,
and professional regulations.
A new Act is usually passed in order to update or __________existing legislation or
to ___________ for new circumstances and enforce government policies.
Parliament can ___________ any law it chooses or _________ obsolete laws which
are no longer relevant, and the courts must ___________ it. The exception to this is
EU law.

Vocabulary practice - Key
II Translate the text into Croatian.
The predominant sources of law in the UK are: Primary legislation,
known as Acts of Parliament or statutes,which begin life as drafts
called Bills; and secondary or delegated legislation, such as
statutory instruments, bye-laws, and professional regulations.
A new Act is usually passed in order to update or amend existing
legislation or to legislate for new circumstances and enforce
government policies.
Parliament can enact any law it chooses or repeal obsolete laws
which are no longer relevant, and the courts must enforce it. The
exception to this is EU law.