Introduction To UK Law Session 1 Introduction Assessment An initiation to the British legal system

Focus on three aspect of BL (British Law). Specificity of the Scottish system civil law = common law Scottish Legal system is different from the rest of UK. B/c Act of union 1707 : Scot official united with england. Scotland : aspect of procedure and law : roman. Partly British in conception. Disambiguation England : no wale or Scotland. Great Britain : no northern Ireland. British isles : isle of man (Tyndall/Manx) : Gaelic language; channel islands : very strange situation : under the authority of queen yet not part of UK. Tiny Parliament. The States. Mixture of Norman law (from William) Norman French. French civil law and English common law (old one); (States/Norman law); crown dependencies Westminster has no power. Same came for few island in Caribbeans. Governor is appointed by the queen. Different from a republican, not as standardize.

Legal categories : Civil law (1) / common law / some expressions have two meaning S. st 1 one civil law : inherited from roman law, legal tradition. BUT also a legal categories vs criminal law, private law dealing with dispute b/t individuals. Common law : old English system, tradition. Talking about British legal system before 19 (especially Middle Ages) Also refer to judge made law. The fact that contrary to France, judges are creating new legal grounds. Do more than just implementing the law. Creation new reference, precedent. It would be opposed to legislation. Interconnection b/t civil and common law. Then end of an old categorization : common law equity (1873-1875). Common laws procedures were creating to create equity. Common law and civil law : uncodified, judge made/case centered, stare decisis = binding precedent, ex : England & Wales/the common wealth/the us/ Pakistan, Malissia, Australia. Minor system in Europe, but b/c of Britain, became one of the most powerful system. . Creates a very powerful legal profession. Easier in France to find info. Judges have a capacity to create new legal grounds. Almost a philosophical problem. How to create system law which help people. Case centered : want to fight crime : find a good crime case and create law around it. Stare decisis : stay on the decision. Judge can't ignore what the other judge said.
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Civil law : codified abstract principles, persuasive precedent. Ex : continental Europe. Principles more important than the case. Precedents can be used, but not mandatory. Criminal law and civil law (common law context). Conservation want to leave EU b/c of infiltration of European law : contaminate UK, making it continental. Criminal law : Logic : through this legislation : state wants to control people behavior, say whats wrong and right. Quality of the prove to punish someone I different from the civil law system Another difference, the burden of proof criminal law, the prosecutor has to find proof Civil : the individual has burden of proof. The way to name the case change Crim : monarch against someone. CPS : crown Prosecution Services. Department specialized in prosecuting. Civil : wants to cure the problem.

Public law and private law : Public : constitutional, criminal, administrative, Private : contract, tort, land/property, succession, family. Public : one of side is an administration, the other can also be a company or an individual. Private : two individuals. Public : general frame work of the state is at stake. The way they function and defined society and social interaction. Private : individual to individual relation. C : organizing the State, creating it. It's about institutions of the States and how they relate with the citizens. Criminal : Offense considered severe enough to warrant some kind of punishment on behalf of the continuity. Severe enough to be punished collectively. Administrative : offense against body of the state. How are states power exercised. Are they excessive, respecting base establish in parliament.

Private : contract : how do you make an agreement b/t to parties. Tort : defamation, trespassing, all the civil wrongs. Once again, the judgment is about liability Land/Property. : land ownership real estate. Succession Family.

Session 2 1- Particularities of BC : Uncodified not written in one single document. Flexibility easy to amend. Incremental French C created by a momentum (ex : 1958). In Great Britain : not a specific date. The only C GB ever had was the instrument of gvmt drafted by puritan of Cromwell's entourage and it was a very negative example of C created by GB in a continental way. BC is changed progressively, you can't erase what was created before erasing them. Pb of access : is it really a democracy when you cannot understand what's going on ? There is a mediation b/t citizens and people of laws.

Sovereignty of Parliament : no obstacle to what the Parliament can/cannot do. Parliament is its own judge. No limit to itd legislative power. Nobody can contradict parliament. The Parliament can constitute himself all the time. Former acts of parliament aren't binding. No category which could be named fundamental laws. Indistinct C. Not entrenched (not protected) nothing in a C protected from the rest. Very important notion. No special procedure to change the C. Legal pb : what to do with European/international law ? Unitary C, even if Scotland, Wales, Northern Ireland have their own C, not a federal C.

Virtue : Political stability : easier to avoid political crisis with such system. Nobody is able to see the whole picture. Can be adapted to circumstances very easily. Ambiguity of C can be good to deal with crisis. During decolonization : GB never left a country without a codified C 2 - Public awareness of C. It's very low. Some people are calling for a codified C. The Lib Dem party and Nick Clegg want a codified C. Other movement : Charter 88 : advocates codified C too. Institute for Public Policy research. 1988; didn't change anything b/c lots of obstacles. Some people say lack of democracy b/c of this situation. Lord Birmingham Lord chief Justice (2005). Last reform : reform HoL failed. Euro Skepticism is very strong bc of c issues European law more and more important in GB landscape. 3 - Evolution of C. Gvmt of Wales Act 1999. Human rights act 1998 : European law > Britain's. It's a breach of Parliamentary supremacy. It's a prescriptive solution you are defining what's right and wrong as far as individual liberties are concerned. Normally, British aren't prescriptive, they're proscriptive (don't said what you have to do, but what you cannot do). The Constitutional Act of 2005 : before HoP was creating legislation and working on judicial matter. Reform separated both functions. Creation of of Supreme Court (HoL was the last Court of Appeal). Lord Chancellor was the head of the judiciary in the British system. Freedom of Information act 2000 : providing for a statutory right of access to gvmt information. The Political Parties, Elections and Referendums Act (2000) : after political scandal. legislation.gov.uk 4 - Supremacy/sovereignty of Parliament. Parliament isn't bound by decision of former Parliament. They can change whatever they want. Issues : sort of elective dictatorship. Members of gvmt are members of Parliament. Gvmt initiate legislations. Not enough separation b/t gvmt and Parliamentary. If you have the majority, who have all the power. Hunting Act : in 2004. Eradicate the old way of aristocratic hunting b/c it was cruel and aristocratic (legacy of British Medieval History). Pb : a hunter called Jackson stared to say act was passed without a valid procedure.

First parliamentary act in 1911, then 1949 : allowed only tinny changes to C. For big changes, the 2 houses have to agree. Consequences : you cannot review entirely legislation and even on such grounds, you cannot reject legislation b/c in the end, the HoC is supreme : can change C if it follows procedures. Arguments in favor of written C in GB : Easier access. More legitimacy, less ambiguity Less power for executive. Protection from elective dictatorship. Clearer structure. Negative consequence : what is the extent of law in society. Juridification : set out all the rules situation were people are going to deal with conflict with legal means.

Session 3 : Sources of BC Equity no longer source of British C : supposed justice based on fairness. Two system which were separated. 1870, this distinction disappeared. Statue law : form = act of Parliament Case law / common law : judges can created law, sometimes C realms Pb : EU law & international treaties. Delegated legislation : subordinate : 2 degree legislation. Parliament create principles : not a detailed document. P don't create legislation give the right to create legislation. Convent : France : president can't be head of a party, president wife can't tweet stupid things. Authoritative works : very important works on British history. Judges are refereeing to private research as a basis to decide on c ground. Royal prerogative : souvenir of medial monarchy, old powers of the monarch. Still there. 1 - Primary legislation. Fixed term Parliaments Act 2011 Introduced by the lib dem party, in favor of C reform. Introduced a more codified C. Formally the queen could ask for elections. Informally : the PM. If the leader of the party can chose date of elections, can influence the vote. It was seen was non-democratic. Steve Thoburn vs City Council : 2003 : the problem of fruits vegetables and kilos Community law cannot be a statue : only a statue bc ratified by Parliament. Parliament still sovereign, yet it accepted European law, so not sovereign anymore. Idea : weights and measure act of 1985 erased the former European Community Act (ECA). Concept : implied repealed. Judge didn't agree with this interpretation : this concept doesn't apply to very important c act. Judge created a new category : c act. Pb : not easy to say which act is c and which act isn't. No legal distinction : acts dealings with organization of the state and acts dealings with individuals rights (French way of seeing things).
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2 - Delegated legislation : power granted by an act of Parliament. Enact legislation and principles agreed upon the act. Closer to expertise better legislation. Pb : who has real power ? th Example : order in council (crown + privy council) : 12 December : regulated of church and college in Cambridge. Statutory instruments, bylaws (rglement intrieur), professional regulations. Ahmed and others v HM treasury 2010 : this case questioned lawfulness of two orders enacted under delegated legislation (granted by United nations Act 1946) Freeze assets of known terrorists. Question : can you freeze people assets ? One suspect : it's unlawful, shouldn't be done bc infringe fundamental right. Seen as excessive use of delegated legislation. Contradiction with humans rights. 3 - European law and international treaties : Ex : Geneva c the ECA of 1972 Supremacy of EU/EC law in relevant matters/UK dualist state (monism/dualism). Monism : treaty signed automatically integrated. Dualism : needs to be enacted by Parliament. 4 - Case law : 4.1Domestic : England is a country where everything is permitted except what is expressly forbidden Wilkes v Wood : judge saying you're wrong to do this and you can't do it again; 4.2 : European case law : the European court of justice & the European courts of human rights 5 - Royal prerogative : not source of c as such. Powers vested in the monarch which are mostly formal today

Convention : not written, partly c. Based on morality. Notion of consensus bc people are watching. No legal effect.

Session 4 : the sources of British C (2) Non legal sources (doc 9) Ivor Jennings def of conventions : precedent, belief; need/relevant; morality/values; flexibility; non legal ( no enforcement); branches (PM & Queen); elite; accountability. It it can't be enforced, who's deciding ? Public opinion eventually, conventions can change. 1 - Conventions. created. Shared principles : unanimity not required. W ho defines the values ? political elite. Very conservative set of principles. This question notion of democracy. Non legal, can't be enforced. Can't settle dispute. Partly written (Ministers' book, Precedents book). Incremental : evolving. It's going to change with new circumstances. Some are going to be

Conventions :

the office of PM. There is no c def of the PM (Walpole, early 18 ); Ministerial accountability; Westminster would have to seek the consent of Holyrood should it wish to legislate on a matter which was devolved to Edinburgh; Parliament must meet once a year; The monarch assents to the Bills passed by both Houses (unwritten); Cabinet discussions are secret. The judiciary are allowed to express political opinion. Queen's consent : Queen may give her advice position to criticize and even veto some bills, thus interfere with law making. Pb : they (Queen and Prince Charles) used it more and more over the years. Charles wrote some letters to minister to influence bills. Clear breach of separation of powers. People not alarmed bc of lack pf public awareness + good image of the Queen. Constitutive elements of a convention : you want someone to do something new, to find a solution to a new difficulty. Pb : how to educate the King to be is clear. But what about William ? He's about to create new conventions. Charles might want Will to step up. Nothing is set for Will : what will be his part in the system ? Precedents : as long as it involves the Queen, written in a book; Relevance : some conventions aren't relevant so they die. Political consensus ans shared values; believe in it's binding nature;

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Before WWI : the cabinet needed to ask to monarch for a parliamentary dissolution. Since end WWI, PM ask for it. Pb with codification. Non codified : way to keep conventions away from judicial conflict. Example of Parliamentary sovereignty. Dicey said that a convention was something defined negatively you cannot oblige someone to respect convention. Enforcing conventions : legal unenforceability/ no coercive power Ex : Parliament act 1911 : HoL shouldn't block a money bill (deals with taxes, budgets). In 1909-1910 : they voted now. PA of 1911 : enforced convention saying that HoL couldn't vote no. Legitimate expectation : trade unions : certain ways to deal with gvmt. If you're not consulted according to conventions, you can complain. You can pleaded legitimate expectation in court : appreciation of the judge. 2 - Authoritative works. Blackstone, Commentaries on the Laws of England, 1765-1769 Walter Bagehot, The English C, 1867 AV Dicey, An Introduction to the Study of the Law of the C, 1885

These books are included in the C, but judges might also use more recent expertise Judgment In Re Pinochet : warrant against Pinochet. Question as : shall we put him on trial for his crimes ? One of the judges was part of an association which criticized and attacked Pinochet decision was repealed.

Session 5 : Parliamentary Sovereignty

I Definitions. Power of making laws which cannot be contested.

Tax payer who challenged finance Act of 1964. Disputed payment : said it would be used for payment of nuclear contrary to international law. Geneva convention 1957. Tax payer failed : court = no-one can challenge P. Statue couldn't be challenged, supremacy of P couldn't be challenged. Two sides : positive : power = comprehensive and exclusive power of law making Negative : idea of immunity of law making. European Court of Human Rights (ECHR) : C v UK 1983 (used to assert P supremacy). Lynched others v London Genera Transport Services 2001.

Question : is there any type of law > to statutes ? No, P is sovereignty, even faced with international laws. I1 Starting point : Cheney v Conn [Inspector of Taxes] [1968] Finance act 1964 Geneva Convention Act 1957 Act > Convention International law not automatically included to UK law. Can a court review an act ? In theory no. They are exceptions. Difference bt unlawful and illegal : illegal : you went against the rules. Unlawful : more abstract, outside the law. Precedent ECHR : C v UK 10358/83 [1983] ECHR (15/12/1983) Other on power point; I2 Dicey's definition : Any law can be passed by the Queen in Parliament. Parliament : both Houses + Queen. HoL can say no twice, and Queen was to give her assent. No judicial review : no one can say how lax making happened. The Parliament is not bound by its predecessors. Very limited def from the 19
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The judges said : we are not interfering with P sovereignty. I3 A negatively defined principle. Court-based def : def found in cases, not in statutes. Nature of an act : need to define what a statute, an act is.

Technically speaking : act passed by both houses + Queen assent. But the judges define it. Precedent stand as long as don't contradict a new act. I4 The implications of Parliamentary sovereignty. Possibility of overriding case law at any time Sets its own rules and procedures No entrenched laws Dualist c/international lawfulness Extraterritorial competence (War Crime Act 1991) II Limits ans accountability. II1 Political sovereignty : if people aren't ok with a law, they can march, elections and polls can be lost. Is it possible to repeal the Scotland Act 1998 ? In theory, yes. But in fact, no. Would probably cause a revolution. This act is politically entrenched. II2 European Law and Parliamentary. Diff bt supremacy and sovereignty : in terms of hierarchy : European law is supreme. But Parliament is sovereign bc could repeal the act. Ex n1 : Human Rights Act 1998: the possibility of a constit conflict. Euro convention Interpretative Act No implied repeal Doesn't enable the courts to invalidate any Act. Consequences : Declaration of incompatibility remedial order amendment under consideration by the Parliament. Ex n2 : Factortame (cf. Ryan p348-349) British courts : Factortame is wrong, can't fish Ended up at of euro level : this act is contrary to community law. Euro Court : Until we decide, you need to give interim relief to Factortame. For a few week, Parliamentary sovereignty has to disappear to protect putative euro rights. Because of this, right side we don't want to deal with Europe anymore. Parliament knew euro act 1972 was obviously going to have such consequence. Other countries had gone through that kind of experiments. Pb : by doing so, created something biding for its successors externalized part of legislation. But judges said Parliament could repeal Euro Act (ex : Cameron and referendum). Referendum : was to calm people, of saying we still have a say. III Interpretations. The courts may assume the P didn't intend to act unconstitutionally : Might fill in the blanks : judge has to say what he meant. Freedom for the judge to analyze to act.

Implied repeal (cf Jackson). Judicial interpretation to a certain point. If judge goes to far, P may make an act. No judicial review.

Obiter dictum/a commentaries, what's said around decision. It's persuasive, not binding. Ratio decidendi : raisons de la dcision (binding). Si cour < ou =, doit respecter dcision.

Session 6 : Separation of Powers I Defining the separation of powers. Continental idea. Britain imported it. This is why there is no real separation of powers in England. Montesquieu had Louis XIV in mind to describe arbitrary power. Notion of discretionary. Efficiency : if you divide the fct of a gvmt, it's going to be more efficient. Creation of check and balances : making each control what the others are doing, to have a say to what's going on in other branches. In theory : pure separation of powers in France. In practice, no. Appointment of high magistrates can depend of political power. Also, funding of political powers. II The British C and the separation of powers : pure or less pure ? Doc 7 : Pb of the USA : bc of the aggressiveness of the Tea Part, kind of a blocked system right now. Example : gun laws. Hard for Obama to pass new laws. In the end, British system is softer. Budget control is very important. Mid term elections are very important too. UK : elective dictatorship bc of the power of Parliament. The executive is coming from the Parliament, cabinet part of Parliament. Uncodified system : numerous. The separation in Britain is less than pure.

The Monarch and the three branches of government. Queen : Royal assent : Queen has to give her assent for a bill to become an act. Queen is part of the executive, head of the State. Head of Sate of ex Dominions : Australia, Canada. Head of war forces. Role in diplomacy. Formally appoints very important magistrates in the system (under the advice of someone). The HoL was the last court of appeal. It ended with the creation of the Supreme Court. The Parliament has its own court to enforce its rule. Courts are members of Parliament. III Evolutions. The Constitutional Reform Act : Lord Chancellor ceased to be head of the judiciary. Now, it's the Lords Chief justice. The Chancellor used to be the speaker of the house (organized the debates). Used to be the Lord Speaker. Lord Chancellor appoint judges and advice the Queen. Humans Rights Act 1998 : shift in separation of powers. Europe is giving power to judges. It's giving constitutional power.

Session 7 : The Rule of Law Be you ever so hight, the law is above you. Doc 5 : Rule of law : the law must be easy to understand and predictable to ensure legal security. You need to be able to understand what's forbidden; the law shouldn't be discretionary. However, room for the civil servant to adapt C to situation; Equally applied; No totalitarianism, you need substance to understand the rule of law. It's about values. Justice must be affordable pb in a common law system more than in a Roman law system; Reasonable human beings applying the law; Information, publicity. Question, how far should you go ? Where do you stop ? How do you deal with a celebrity ? Compliance with international law; Pb? Very formal def. Except human rights, it's all about procedures. One def : it's about morals. The 2
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: it's only about procedures.

Ex : apartheid : legal area, rule were clear. All the definitions of doc 5 must be read.

Formal or Substantive ? Formal : it's about form and procedures. It's the black letter version of document. As long as you respect the law, it's okay. Equality : not in terms of rights, but in terms of procedures. Temporal : prospective not retrospective. Question : is law regular/legal ?

Substantive : substances/ ideas / thick. Not a procedure based conception, right based procedure. II Enforcing the rule of Law : cases and statutes. Abu Qatada and the rule of Lawfulness Abu Qatada : in relation in Al-Qada. 1993 : arrived in England and accepted as a refugee. st 2002 : arrested for the 1 time in the UK under the anti terrorism crime & security act 2001. English state wants to deport him. Qatada fights against it bc he'd tortured. European decision = procedure. He appealed against to decision to be deported in 2007 2008 : appealed to the court of appeal. From a British POV, not exactly a terrorists bc no terrorist act on British soil. They tried to connect him to 9/11 but failed. Pb : the whole trial isn't fair. Same pb with Guantanamo and the US. If Qatada deported to Jordan : no insurance he won't be tortured. After a long list of appeal, he won. 8 years in jail without a trial (contrary with rule of law). Last decision of court of appeal January 2012.

R (Karas) v Secretary of State for the Home Department [2006] EWHC 747. Husband and his pregnant wife going to meet immigrant authorities. Immigration officers detained them before deporting them. This sort of imprisonment is illegal. Idea : to make them wait before their meeting until deporting them illegal, weren't given n otice. Case : damages were accorded to the couple. Judge : unacceptable disregard of rule of law by officers.

Wilkes case (1763) arrested bc criticized the treaty of Paris, the action of the gvmt. General warrant was issued and he was arrested. But no writ of habeas corpus was written judge said the case was dismissed. Arrest was about keeping Wilkes's mouth shut. First instance of clear insertion by the judge of the necessity to follow the procedure. Wilkes was transformed into a martyr by public opinion. III Exceptions in the UK. Bail act 1976 = remanded in custody before trial breach of rule of law. Search powers of the police. Under certain circumstances, no need for warrant. International terrorists (anti-terrorism act 2001 = indefinite detention). prevention of terrorism act 2005 : you can forbid a suspected terrorists to use his cellphone, go on the Internet... terrorism act 2006 : suspect should be detained for 28 days. Compulsory purchase powers (private property).

Session 8 : The Royal Prerogative

Dicey : remains of historical power the king used to have and now share with Parliament. Broad def, anything done under the authority of the Queen.

Blackstone : only the powers vested in the hand of the monarch.

Two cases : Burhmah (Birmanie) Oil Company v Lords advocate : who was responsible ?

Monarch has the power to wage war.

Pb : where to find documentation. Sometimes have to go back to middle age to find documentation. Uncodified aspect is to be find in the border as the royal prerogative.

In theory, powers in the hand of the Queen. But in reality, formal power is in the hands of ministers. In practice, a huge portion of the royal prerogative is in the hand of the gvmt, the executive.

Some said it wasn't statutory enough.

Obsolete prerogatives, examples.

 The judicial powers of the verderers of the New Forest and the Forest of Dean. William the th Conqueror (1066). In the 11 century, King had authority on the forest. Still applied today : who has the right to hunt in the forest, etc... Prerogative to franchise wreck, flotsam, jetsam and ligan : when you find something on the shores after a ship wrecked, it's technically property of the Queen. Question : should it be kept ?

Role played by the monarch in the system : Head of the church royal prerogative / monarch / Queen-in-Parliament : Exercised on behalf on the crown. Commonwealth.

Royal prerogative : constitutional prerogative legal prerogative the crown can do no wrong : remains of the Tudor absolutism.

The only thing that's above the Queen is act of Parliament; The bill of right the balance shifted toward parliament. prerogative executive powers. II Limits. Declaration of war : labor trying to get this into statute. Passports : to allowe someone to get in or get out of the UK Head of civil service; Governance of British territories abroad : out of the P's reach.

Statute Law > Common Law. Prerogative = common law Statute Law > prerogative Bill of Rights

If the Queen was to go to far, the Parliament can always override the R prerogative.

Case of proclamations 1611. Ruling : the crown has no power by virtue of the prerogative to alter the general law. Only limited field in which the sovereign can legislate. As time went by, power limited.

In 2010, P changed this : the constitutional Reform and Governance Act 2010. The Royal prerogative dealt with civil servant, now it's statute law most of the time. Secret services are still under R prerogative to protect them from statute law.

Statutory basis is going down. But royal prerogative applies to new territories. It lies within the prerogative to extend sovereignty to areas not claimed before the queen could say it's mine and I'm going to exercise R prerogative over it. Post office v Estuary Radio 1968 : radio talking about drugs and stuff.

Other limits : prerogative can be question in Parliament. P can have a say in the use of P scrutiny.

Can you create spaces for the royal prerogative ? BBC v Johns (case from the 60s). Johns, inspector of taxes. BBC didn't want to pay taxes, said to be under crown immunity. Judged said R prerogative couldn't be extended to the BBC. III Breaches and issues.

Photos of Prince Charles.

CPC Group v Qatari Diar Real Estate : Prince Charles wrote a letter to the royal Qatari family. Role of Prince Charles questioned no individual should use their social position to influence democratic process.

R prerogative could be seen has a breach of the separation of powers.

Judge said : very unwelcome intervention of Prince Charles. What will happen to Prince Charles when Elisabeth will die ? Prince Charles has a fascination for green things. What will become of the R prerogative with a meddling king ?

Some uses an unaccountable in the courts are probably going to change.

Regency : 1937 : Regency Act : people who can say if the King/Queen can stay in charge. 3/5 person who can say if the King can rule or not.

Session 9 I The voting system

Constituencies : electoral entities. First past the post system : good for largest political party. Csq : bipartisanship. Coalition bt the lib-dem and the conservative. The issue of representation : is it fair ?

Vocabulary :

Manifesto Poll card Polling station Voting booth Ballot Secret ballot.

Conservative : right wing Labor : central party. Used to be close to the trade union. Image changed by Tony Blair. Liberal Democrat : disappeared for a while. Then tiny party but with influence in their constituencies. Then tiny party with no influence at all (starts at Green party).

Some people want proportionality in the house

Parliament : looks Gothic, medieval but isn't. It's quite recent. III.1 The two Houses.

The HoL is the upper house even if isn't the more powerful house. Historically, top of P. Upper house : visible in the way it's decorated. House was reformed a lot in the last 20 years. Most MPs were appointed or just inherited their peerage and position. When there is a crisis, the HoC is going to react very quickly under public pressure. HoL : want to takes its time.

HoC : Not upper house, but more central 650 MPs : not a stable nb. Every five years, change of nb. Depend of the nb of people in a area.

Vocabulary : crossbench; bicameral system; frontbench (of the opposition : shadow of the minister) / backbench (know to cause trouble) / speaker of the House : drawn from the MPs, cannot vote anymore; Ceremonial Mace;

Hansard : official publisher of Parliamentary debate. Private company with the monopoly, the right to publish what's happening in Parliament. The Whip : the leader of the Parliamentary group is there to organize the vote. Vote of no confidence : motion de censure;

Summoning of Parliament; Parliamentary terms : fixed, 5 years; Parliamentary sessions; Bicameralism.

The more power you have, the closest you are to the speaker

III.2 - Parliamentary life. The Queen ans the State opening/Queen-in-Parliament (doc 1 P2) : list of the most important issues that will be talked ab by P. Not written by the Queen the role of the speaker. frontbenchers and backbenchers. Crossbenchers : HoL, sitting in the middle. Not politically affiliated. Voting division commons > 2 lobbies = Ay and No : vote with their feet. 30 minutes to vote.

House of Commons fct : representative : elected, representative of people opinion. Pb, lack of proportionality. (firstpass-the-post-system); scrutiny. Parliamentary questions (oral/written); Legislative; government personnel; judicial capacity to judge its own members; taxation and finance; translated, digest European law into British law.

Privileges/Committee on Standards and Privileges. freedom of speech / defamation Act 1996 : no one can sue you for defamation. But limits to what you can say freedom from arrest. Doesn't mean you're protected from anything. free access to the monarch most favorable construction be placed upon the proceedings in the House. To determine its composition to regulate its proceeding

to punish individuals for contempt= prison > reprimand (above the European convention Parliamentary sovereignty.

The composition of the House of Lords.

Members of the HoL : Spiritual Lords Temporal Lords : hereditary peers (92) life peers judicial peers ordinary life peers.

The HoL : revision of public Bills legislation scrutiny expertise supervision of subordinate legislation protection of the uncodified c

Legislating.

Origination the Law : first : to introduce a bill, someone say I want a new law to be created. Most of the time, initiated by the gvmt itself drafting the bill : when initiated by gvmt, gvmt is going to consult people involved with the change. Two types of papers published. Private members bills.

House of Commons : Reading of the bill. 2

nd

reading of the bill.

Discussion & amendments in Committees. Report stage (voting amendments) Third and final reading

House of Lords : if HoL doesn't agree, wants amendments (see doc : Stages in the HoL) same process committee stage

Monarch : royal assent Bill-Act

Most bills are public bills. Concerning public matters.

Private member's bills (public bills).

Introduced by : ballot (13 Fridays/year) or by : ten minute rule (Tuesday + Wednesday afternoon). Presentation. Peer's private member's bill (HoL). 10% of success. Good way for backbenchers to make a name.

Private bills.

Cf Nottingham City Council Bill 2007. The individual entity is going to initiate the bill. Local councils for examples. Most of the time, city council asking for specific legislation.

Hybrid bill.

Public bills affecting private interests.

HoC can do things very quickly. Primary acts dealt with within 4 days. Job of HoL is to delay things. Pb with HoL : pb of accountability : not elected, less connected with political parties. When a peer say no, it's bc of his/her personal opinion. The last reform fell (bring some sort of accountability in the system). Less and less instrumentality in law making. List of people you can nominate is set by the parties. In the long term, thing are going to change. The constit structure makes it very difficult to change things. Pb of representation : until the 60s / 70s, white people tried to integrate people in order to integrate more people.

Scrutiny : one of the fct of both houses is to scrutinize and to review. Law-making : When drafting the bill, pre-legislative scrutiny. Moment where lobbies, pressure groups are going to intervene. These entities intervenes before the bill is even in the house. In order to protect P from this influence, MPs are listing their association. Committee stage : they used to be called standing committees. Their new name is select committees. For HoC : most bills are refereed to as public bill committee (16 to 50 members). Rule defining the procedure of Parliament. Normally, sponsors of the bill (generally a minister) Idea, to have a gvmt whip. You need people to be there. There is a tiny time table to make sure it is not going to last forever. Parliament choosing its own time table. You can ask for people, expert to come to the committee room and gather evidence. Pb : not all the MPs are specialists in the matter at stakes : stage allows MPs to get to know the bill better. Way to control legislation making. All the house are going to discuss amendments. Discussion on the floor. HoL has a specialty in dealing with legal expertise.

 power.

Another important element : HoL are also dealing with delegated legislation. HoC not enough

Other types of scrutinizing : petitions might work to try and create a sort of mvt in public opinion. The opposition is there to contradict gvmt (shadow cabinet).

The backbenchers might scrutinize what's going on. The convention : your loyalty goes to your party first. But you're also elected by your constituencies. Might also argue the case of individuals who are treated wrongly by gvmt. Different ways to express this. Daily half hour a adjournment debate : issues might be raised during this debate. Sort of parallel chamber in Westminster. Sort of between world possibility of emerging debates : but very rare instance, has to be approved by both parties. Backbenchers might also write letters to gvmt, several thousands a years without real efficiency. Part of a balance. Sometimes, back backbenchers really able to change things. Under Tony Blair, privatize air company.: backbenchers refused to vote the bill. Also, private members bills : way to create an additional act outside of your policies and political orientation. Ex : bills on abortion, repeal of act on homosexuality, abolition of death penalty. 13 Fridays a year to do this. Conclusion : backbenchers aren't very influential.

Other way to scrutinize the work of a house : select committees, shadowing office of gvmt. Today, 30 select committees. Defined by standing orders. Most of them are very recent. Not a very old tradition. Fcts :look at expenditures : the parliament is voting the budget. Debates in order to know how the committees should be reformed and organized. Their nature is in question. The chairs in the committee are defined by political balance in HoC. Of course, you cannot be a frontbench and be in a committee. Sort of on going dialog bt committees and relevant departments. Pb, once again, the expertise of the MPs.

Other feature of scrutiny : position of Ombudsman : his job is parliamentary commissioner for administration (1967). He deals with maladministration : investigate complaints of injustice that are consequences of the action of the gvmt. Today, act upon request of an MPs.

List of 20 members allowed to introduce their project : ballot = vote which establish this list. The earlier you pass, the more chance you have to pass you bill.

Be able to quote and locate elements in an act of P

Doc 13 : Chapter : nb given to the act for the year. Between 50 and 70 act each year.

System reformed in the 60s Long title : Way to explain to the people what's happening in the act.

Date : of the royal assent. Enacting formula, : can be different, depends on the procedure.

Main body of the act : divided bt different elements. Section, subsection, paragraph and sub paragraph.

Explanatory note : normally to be found in any kind of legislation. Explain what the act is about, in terms that should be understandable for anyone. True for delegated legislation. Session 11 Subordinate legislation

Act of P, very broad in their principles.

th

Subordinate L : made by the executive under the authority of P. Goes back to the 16 century. The system we find th now was elaborate in the late 19 . Why this system ? In order to rationalize Parliamentary activity. Time saving process. P is going to set the rules. The executive is going to define how the rules are going to work Other reason : not every in the HoC is a specialist in every field. Idea : it's better that a specialist has a say in the matter. Also about flexibility : DL faster than other legislation. 80% of the domestic law isn't made by P.

Subordinate legislation forms : legislative and regulatory reforms act 2006 : when something isn't working in an act. Sort of amendment, but not debated in the floor of the house. Order has to go threw a series of tests. Can't be used to create a new taxes/criminal offense. Way to change primary legislation which is obviously not working. Ex : home office on certain occasion bc burden on the police is too heavy. Statutory Instruments : The Statutory Instrument Act 1946. Doc 17. Chapter means act. Prerogative instruments Orders in Council /of Council. In council : made under the direct order of the Queen. Of council : don't require order of the Queen. Mostly very formal. parking lot. By-Laws : laws enacted by local bodies. Laws making power to regulate, for ex, public park,

Church instruments : queen is the head of the church of England. What kind of money the church in gonna get. Scottish Statutory Instrument/Statutory rules of Northern Ireland. Remedial Orders : when a court declare an act in incompatible in the European Convention, the government may issue a remedial order to make it compatible. Gave the judiciary a lot more power than before to change legislation. used again. II Scrutiny. Others : cannot be classified. Ex : Wartime Emergency Legislation. Probably not going to be

Different types of procedure for the Parliament to control how delegated legislation is going to be enacted. Enabling act : act enabling delegated legislation. The gvmt initiating the procedure is going to define the procedure.

Types of scrutiny

laid before P : no debate, no control, just say it. Negative resolution : P has 40 days to object. For non-controversial legislation Affirmative resolution : P has to say yes. Super affirmative : longer stretch of time. Draft Form : positive or negative. P scrutiny the draft under positive of negative legislation.

Committees HoL has a very special role in scrutinizing L. Joint committee on Statutory Instrument : DL dealing with ultra vires. DL going to far. Also, make sure the instruments aren't defective. Or if DL is retrospective. HoL Select committee on the Merits of Statutory Instruments. To make sure they follow the general orientation given by the Queen's speech. HoL Select committee on Delegated Powers and Regulatory Reform.

III Issues raised by subordinate legislation. The rule of Law-making the Separation of Powers : legislation enacted by the executive. More efficient 2006 = 55 acts/3509 SI. Doc 17.

Statistics : Huge proportion of the legislation isn't scrutinized, or scrutinized very quickly. P has a say in the procedure + bt 30min and 1H to discuss DL (pb of time as well). The gvmt draft the bill decides the amount of scrutiny. In last last decade, affirmative resolution applied to only one tenth. Most DL is secondary and isn't scrutinized directly by both houses. Doc 17 : what we've seen.

Acts of P almost abolishing power of P : Banking (Special Provisions) Act 2008 Chapter 2. Economic crisis in America. Larges banks involved in UK. Northern Rock. To avoid massive crack bank of england nationalized part of the bank. State had to intervene to save banks. Act authorized DL to act quickly.

Securities : Very general term for financial title. To protect securities by authorizes bank of England to intervene in the matter. Idea : to give the treasury power to nationalize part of debt. Minister is authorized to do this. Subsection are dealing with how to do this.

Section 13 : ex of how an act is formulated. Orders : diff types of orders and regulation : how is it going to happen. The treasury : office which is going to make the SI. Procedure you have to follow to make SI.

It's public policy but also private interest = sort of hybrid instrument. Special procedure for hybrid instrument. The act states which procedures who have to follow.

Section 12 : very strange formulation for a democracy. SS1 : the treasury can do anything if it consider it appropriate. nd SS2 : the treasury can change any act in the statute book in the field of banking. Idea that the executive and 2 L can change any legislation. That kind of section is called : HVIII's clause. Executive creating or changing Primary L. Lord of justice want to abolish it : undemocratic, almost unconventional.

First statute creating this notion : Statue of Sewers 1531. Leader of the sewers guild had the right to create PL. Statute of Proclamation 1539 : gave power to the king power to create proclamation (edit) without going to P. Fifth Report : the committee had only a few hours to scrutinize the doc. They disagreed didn't change anything : power of the committee very limited.

Session 12

The forms of the executive

Political executive; Bureaucratic executive : the instrument of the policy = civil servant, but non-political; Armed forces/police forces; Local authorities; Devolved institutions.

Her Majesty's Government. A constit monarchy : not the British gvmt, HMG.
Nd

The crown = two meanings : first : actual individual. 2 When the Queen dies, the crown isn't dying. 2010 = 120 members (96 MPs/24peers).

: the immortal body of the crown.

Functions : domestic/foreign public policy;

to initiate L; to implement L; political leadership; appointment .

A map of the political executive :

Monarch formally the head of the system. The cabinet and PM. Most of them are senior ministers. Secretary of State if the highest title. Junior minister of State and Parliamentary under secretaries of State Privy Council (appointed by the Queen on the advice of the PM).

Departments : the home office hierarchy. Secretary of State 2 ministers of State. 3 parliamentary under-secretary of State.

Cabinet government / PM government ?

Question of who's accountable : in Cabinet : everyone. Decisions taken collectively. Deliberation remain secret for years. Collective responsibility on major issues (war etc...). Pb, in the last year : seems like the PM is more and more powerful. Some people are saying isn't a cabinet gvmt anymore. Not true, even Margaret Thatcher had to resign bc cabinet disagreed with her.

Bureaucratic executive : Senior civil servants / lower civil servants Executive agencies = HM Prison Service. Each department can be involved in a ministerial committee. Not very transparent. QUANGOS = quasi-autonomous non-governmental organization/non-departmental body (NDPB). Ex : The Big Lottery Fund/Student Loans Company/Parole Board. Executive/Legislative relations (1) The Ministerial Code/Ministerial responsibility.

Written in 2008 or 2010. Not codified but clearly systematized in the last years. Executive/Legislative relations (2) PMQs and Parliamentary debates.

The committees are very important now. Media are also very effective in dealing in the gvmt.