Lecturer: Miljen Matijašević
G10, room 6/I, Tue 11:30-12:30
e-mail: miljen.matijasevic@gmail.com
Session 3
1.
Revision of the last session
2.
Statute Law in Britain
What is Meant by Law?
1.
2.
◦
3.
4.
5.
Name the principal classifications of
law.
Translate into English:
upravno pravo, radno pravo, ustavno
pravo, materijalno pravo
What are the four sources of English
law?
What are the origins of common law?
What about equity?
1.
2.
3.
4.
5.
The part of law concerned with the punishment
of offences defined as crimes by the law
The branch of law concerned with family
matters
The law of state regulating its domestic affairs
The part of law concerned with the constitution
or government of the state, or the relationship
between the state and citizens
The part of law concerned with income and
taxes
1.
2.
3.
4.
5.
The part of law concerned with the punishment
of offences defined as crimes by the law
CRIMINAL LAW
The branch of law concerned with family
matters FAMILY LAW
The law of state regulating its domestic affairs
NATIONAL LAW
The part of law concerned with the constitution
or government of the state, or the relationship
between the state and citizens
CONSTITUTIONAL LAW
The part of law concerned with income and
taxes
REVENUE LAW
1.
2.
3.
4.
5.
The branch of law primarily concerned with the
rights and duties of individuals towards each other
The part of law consisting of rules which determine
how a case is administered by the courts
The body of law which deals with the powers of the
executive or administrative organs of the state
A body of rules that control or affect the rights of
states in their relations with each other and of
individuals in relation to foreign states
The law that determines the rights and duties, used
by the courts in making decisions
1.
2.
3.
4.
5.
The branch of law primarily concerned with the rights
and duties of individuals towards each other CIVIL LAW
The part of law consisting of rules which determine how
a case is administered by the courts PROCEDURAL LAW
The body of law which deals with the powers of the
executive or administrative organs of the state
ADMINISTRATIVE LAW
A body of rules that control or affect the rights of states
in their relations with each other and of individuals in
relation to foreign states INTERNATIONAL LAW
The law that determines the rights and duties, used by
the courts in making decisions SUBSTANTIVE LAW

refers to laws made by the British Parliament
– the legislature of the United Kingdom
The Government
The Prime Minister (Premijer)
The Cabinet (Vlada)
Government departments (ministarstva)
Civil service (državni službenici)
The Queen
the Cabinet also
referred to as
Whitehall
The Palace of Westminster
The House of Commons
650 MPs
The House of Lords
789 members
The Queen

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 in each constituency
wins and goes to Parliament, the others lose



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)
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!)

Chooses the government (does not confirm it)

Provides it with money and controls taxation

Enacts statute law

Supervises the executive

Redresses grievances of its constituents

Gives advice on public policy, representing
the British society

Revises legislation passed by the Commons

Possibility for persons who have contributed
to the public life of Britain to participate in
government

Acts as a constitutional check

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


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




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




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


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)


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



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
the Sovereign, the Queen NOT involved or
consulted

The courts obliged to apply statute law

They do not have the power to overturn Acts
of Parliament

Statute law has precedence over common law:
if statute law provides a remedy, it will have
supremacy over a common law remedy

However, in drafting Acts of Parliament, judicial
precedents established within common law are
taken into account

Statute law often only fills gaps left by common
law

On the other hand, a court decision can reinterpret a statute and change the way it is
applied in future (by setting a precedent)
the Cabinet
government departments
constituency
MP
peer
life peers
hereditary peers
Lords Temporal
Lords Spiritual
the (Lord) Speaker
to draft
a bill
the monarch - the Sovereign
Royal Assent
Act of Parliament
amendment
codification
Thank you for your attention!