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The English Legal System

Law 403 Advanced Legal English

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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

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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

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The Crown

Her Majesty Queen Elizabeth II of England

More info available here: www.royal.gov.uk

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The official London residence of the monarch is Buckingham Palace

Residence

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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

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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

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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”?

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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:

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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

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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…

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Other examples of constitutional monarchies incl:CanadaAustraliaBarbados, AntiguaCambodiaDenmarkGrenadaJamaicaJapan MalayasiaMonacoNew Zealand…

Internationally…

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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

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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

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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

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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

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House of Lords

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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

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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

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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

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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

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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

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House of Commons

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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…

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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

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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