CHAPITRE 2: STATUTE LAW.
I. Introduction legislation and remarks
In early times they were few statutes seeing as there was no parliament. (a parliament = une legislature). And the book of law was case law. The earliest Norman legislation was by means of royal charter but the first great outburst came in the reign of king henry II (1154-1159). The legislation in those days was called variousnames: assizes. Justice was made by the king in council (composed of the king advisers, bishops, member of nobility). Under the Tudor we saw legislation show the development of modern procedure. In practice, it needed 3 readings to bill. And also each bill was headed by preamble (prepuce to enactments). The practice of law making by statute has increased during the Tudors. Even today, althoughthe book of legislation is large, statutes form a comparatively small part of the law as a home. The basis of law remains the common law. If all the statutes were repealed that would still exist a legal system of sorts. The statutes are the ultimate source of law and even if a statute is in conflict with the common law or equity, the statute must prevail. No court or other body can question thevalidity of an act of parliament. Statute law can be used to abolish common law rules which are regarded as absolute: to amend the common law to cope with changes in society. Once acted statutes, even if old, do not cease to have force of law. Usually, statutes which are no longer of practical utility are repealed by statute law repeal act. An act of parliament is bounding on everyone within thesphere of his jurisdiction. Therefore, a parliament cannot bind itself and its successors.
II. The functions of parliament
1- Legislative function
The passing of legislation: is the principle function of the parliament. in the UK the queen in parliament is the supreme law making body. The Parliament is elected by the people and is composed of elected representatives. The law is passed byparliament represent the will of the people.
2- The Scrutiny of executive policy and administration
Parliament should act as a constitutional check on the exercise of executive power. In short, the parliament scrutinizes executing policy, administration and actions. It ensures that the government of the day is constitutionally accountable and responsible to parliament. – Debate – questions everyWednesday -
3- A forum for debate
Parliament debate matters of public manners of important and interest. They do not only debate in the chamber but also in Westminster hall.
By voting for taxation, the parliament enables the administration of government is carried out. In order for the government of the day to raise or it must have the explicit agreement of Parliament. Thehouse of commons has control financial matters.
III. The three elements
The three elements meet together on occasions of symbolic significance such as the state opening when the house of commons of summoned by the monarch to the lords. Usually takes place in November. The agreement of all three is normally required for legislation. The royal assent is atomically given by the monarch but theHouse of Lords and the House of Commons may be in conflict. Usually the house of commons has the last word.
A. The monarch
The queen is not the head of the executive but of state. Include, summoning parliament after a general election, proroguing at the end of a parliamentary session, dissolving parliament prior to a general election, opening each parliamentary session with the state openingnd the delivery of the queen’s speech, granting assent in order to become an act of parliament, appointing the prime minister which is drawn from parliament, appointing government ministers who are drawn from parliament.
B. The house of lords
The human right committee of the house of lord is important. It is wrong to say that the house of lords is just about chatting. There are law makers...
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