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Which are sources of English law? What is meant by common law? How can law be classified by type? ...

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Page 1: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?
Page 2: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Which are sources of English law? What is meant by common law? How can law be classified by type? How would you define public v. private law?

Page 3: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Common law is also called __________ law. Equity means ___________________. Statute law is made by _____________. EU law can _____________ national law.

Page 4: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Executive – the government Legislative - Parliament Judicial – hierarchy of courts

Page 5: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?
Page 6: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

The highest legislative organ Constitutionally consists of the Monarch,

The House of Lords and the House of Commons

The Queen in Parliament represents the supreme authority within the United Kingdom

Page 7: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

An elected and representative body 650 Members of Parliament (MPs) who

represent their constituencies Members are elected at General Elections

held every five years Members are paid a salary and an

allowance

Page 8: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Speaker of the House of Commons presides over the House

The traditional guardian of the rights and privileges of the House

Page 9: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

http://www.youtube.com/watch?v=0ToKcEvqXuM&list=PL7F1AFC4FF75A3725&index=5&feature=plpp_video

Page 10: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Who sits at the Speakers’ right side? Who is Sarjeant at Arms? What is Hansard?

Page 11: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

In the past mainly a hereditary body Lords Temporal (hereditary peers and

peeresses who have not disclaimed their peerage; life peers created by the Crown under the Life Peerages Act of 1958 and Lords of Appeal in Ordinary – Law Lords)

Lords Spiritual (the Archbishops of Canterbury and York and 24 senior bishops of the Church of England)

Page 12: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

The Lords currently has around 740 Members, and there are three different types:

elected hereditary Peers, life Peers (Lords Temporal) and bishops (Lords Spiritual)

Unlike MPs, the public do not elect the Lords. The majority are appointed by the Queen on the recommendation of the Prime Minister or of the House of Lords Appointments Commission.

Page 13: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

The right of hereditary Peers to sit and vote in the House of Lords was ended in 1999 by the House of Lords Act but 92 Members were elected internally to remain until the next stage of the Lords reform process.

Page 14: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Appointed for their lifetime only, these Lords' titles are not passed on to their children. The Queen formally appoints life Peers on the advice and recommendation of the Prime Minister.

Page 15: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

A limited number of 26 Church of England archbishops and bishops sit in the House, passing their membership on to the next most senior bishop when they retire.

Page 16: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Speaker of the House of Lords A member of the government – Minister of

Justice Until 2009 presided over the judicial

committee of the House of Lords

Page 17: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

http://www.youtube.com/watch?v=-wVllfyvGfU&list=PL7F1AFC4FF75A3725&index=6&feature=plpp_video

Page 18: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

What did you learn about Life Peers? What is the role of the Lord Speaker? What is Woolsack?

Page 19: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

An integral part of the legislature Summons, prorogues (dismisses at the end

of a session) and dissolves Parliament Opens new sessions of Parliament with the

Royal Speech Gives Royal Assent before a Bill which has

passed all the stages in both Houses becomes a law

Page 20: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Pressure for new laws comes from a variety of sources, mainly:

Government policy EU Law Law Commission reports Reoprts by other commissions Pressure groups

Page 21: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

The Government sets its legislative programme for the parliamentary session in the Queen’s Speech at the opening of Parliament

Consultation – more common in recent years (The Law Commission)

Page 22: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Government Bill – introduced by the Government through the relevant Minister

Public Bill – one which relates to matters that affect the public

Private Bill – one which relates to the powers and interests of certain individuals or institutions

Hybrid Bill – one which features both a public and a private Bill

Private Member’s Bill – one introduced by a MP

Page 23: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

A Bill may be started in either the House of Commons or the House of Lords, but it has to go through the same procedure in each House and pass all stages of the legislative procedure in order to become law

Page 24: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Principal stages (for government bills) Inspiration Formulation Drafting Parliamentary Scrutiny Voting The Royal Assent Implementation

Page 25: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Ideas for a law come from a variety of sources (political parties, Government departments, interest groups, professional bodies)

Page 26: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Becomes the responsibility of relevant Ministers and civil servants

Cabinet committees Consultation with experts, interest groups,

trade associations and others likely to be affected by the legislation

Page 27: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

Preparation of a draft bill Draft bills introduced to Parliament

Page 28: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

First reading (no debate) Second reading (principle debated on floor) Committee stage (clause-by-clause scrutiny

in Standing Committee) Report (amendments considered on floor) Third reading (final version debated) Voting

Page 29: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

The Queen has to sign the Bill Then it becomes an Act of Parliament The Statute Book Implementation – binding for all the courts

in the country Interpretation leads to precedents

Page 30: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

If a new statute is clearly contrary to the old one already in the Statute Book, the new one must clearly repeal those parts of the old statute

The old statute (or its parts) are no longer valid

Page 31: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

House of Commons – Donji dom House of Lords – Gornji dom Hereditary peerage – nasljedno plemstvo Constituency – izborna jedinica Bill – prijedlog zakona Repeal – opoziv zakona

Page 32: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

bill, supreme, law, legislative, elected, dissolves, hereditary, membersParliament is the ______________ organ and is constitutionally composed of the Monarch, the House of Lords and the House of Commons. The Queen in Parliament represents the ________________ authority within the United Kingdom. The House of Commons is an _______________ and representative body, with _________________ elected at General Elections every five years. Before 1999 the House of Lords used to be a ___________________ body. The Queen summons, prorogues and ___________________ Parliament. No ______________ can become a _________ unless the Queen gives Royal Assent.

Page 33: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

 Parliament is the legislative organ and is constitutionally composed of the Monarch, the House of Lords and the House of Commons. The Queen in Parliament represents the supreme authority within the United Kingdom. The House of Commons is an elected and representative body, with members elected at General Elections every five years. Before 1999 the House of Lords used to be a hereditary body. The Queen summons, prorogues and dissolves Parliament. No bill can become a law unless the Queen gives Royal Assent.

Page 34: Which are sources of English law?  What is meant by common law?  How can law be classified by type?  How would you define public v. private law?

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