Файл: методичка англ-яз юристы з-о 2013.doc

General elections are held after a Parliament has been dissolved and a new one summoned by the Queen. When an MP dies or resigns, or is given a peerage, a by-election take place. Members are paid an annual salary of £33,189 - as of January 1995 - and an office costs allowance of up to £41,308. There are also a number of other allowances, including travel allowances, a supplement for London members and, for members with constituencies a long way from London, subsistence allowances and allowances for second homes. While we're on the subject of salaries, might as well list a few more. The salaries of misisters in the House of Commons range from £45,815 a year for junior ministers to £64,749 for Cabinet ministers. In the House of Lords salaries range from £38,894 for junior ministers to £52,260 for Cabinet ministers. The Prime Minister receives £78,292 and the Lord Chancellor £120,179. (The Leader of the Opposition receives £61,349 a year; two Opposition whips in the Commons and the Opposition Leader and Chief Whip in the Lords also receive salaries.)

Officers of the House of Commons

The chief officer of the House of Commons is the Speaker, elected by MPs to preside over the House. Other officers include the three Deputy Speakers who are elected by the House on the nomination of the Government but are drawn from the Opposition as well as the government party. They, like the Speaker, neither speak nor vote other than in their official capacity.

Permanent officers – who are not MPs – include the Clerk of the House of Commons, who is the principal adviser to the Speaker on the Commons' privileges and procedures, and the Serjeant-at-Arms, who waits on the Speaker, and is responsible for security. Other officers serve the House in the Library, and the Departments of the Official Report, Finance and Administration and Refreshment.

Task 13. Parliamentary Procedure

Parliamentary procedure is based on custom and precedent. The system of debate is similar in both Houses. Every subject starts off as a proposal or 'motion' by a member. After debate, the Speaker or Chairman 'puts the question' whether to agree with the motion or not. The question may be decided without voting, or by a simple majority vote. The main difference of procedure between the two Houses is that the Speaker or Chairman in the Lords has no powers of order; instead such matters are decided by the general feeling of the House.

In the Commons the Speaker has full authority to enforce the rules of the House and must guard against the abuse of procedure and protect minority rights. The Speaker has discretion on whether to allow a motion to end discussion so that a matter may be put to the vote and has powers to put a stop to irrelevance and repetition in debate, and to save time in other ways. In cases of serious disorder the Speaker can adjourn or suspend the sitting. The Speaker can order members who have broken the rules of behavior of the House to leave the Chamber or can initiate their suspension for a period of days.

The Speaker supervises voting in the Commons and announces the final results. In a tied vote the Speaker gives a casting vote, without expressing an opinion on the merits of the question. The voting procedure in the House of Lords is broadly similar, although the Lord Chancellor does not have a casting vote.

MPs' Financial Interest

The Commons has a public register of MPs' financial interests. Members with financial interest in a debate in the House mut declare it when speaking. If the interest is direct, immediate and personal, the MP cannot vote on the issue. In other proceedings of the House or in dealings with other members, ministers or civil servants, MPs must also disclose any relevant financial interest. There is no register of financial interests in the Lords, but Lords speaking in a debate in which they have a direct interest are expected to declare it.

Public Access to Parliamentary Proceedings

Proceedings of both Houses are normally public and visitors can watch the proceedings from the galleries of both chambers. The minutes and speeches are published daily in Hansard House of Commons and Hansard House of Lords the official report of debates. Each daily report also includes the answers to parliamentary questions put down for a written reply. The House of Commons also publishes a Weekly Information Bulletin which gives details about parliamentary affairs. Both Houses have information offices which prepare a variety of publications and answer enquiries from the public.

The records of the Lords from 1497 and the Commons from 1547, together with the parliamentary and political papers of a number of former members of both Houses, are available to the public through the House of Lords Record Office.

The proceedings of both Houses of Parliament may be broadcast on television and radio, either live or, more usually, in recorded or edited form. BBC Radio 4 is obligated to broadcast an impartial day-by-day account of proceedings when Parliament is in session. A weekly programme covers the proceedings of the select committees on departmental affairs. Many other television and national and local radio programs cover parliamentary affairs. Complete coverage is available on cable television. Also, most national and regional newspapers have parliamentary correspondents. Several national daily newspapers present a daily summary of the previous day's proceedings.

Task 14. The British Government: The Legal System

The Law

Although Britain is a unitary state, England and Wales, Scotland and Northern Ireland all have their own legal systems, with considerable differences in law, organisation and practice. However, a large amount of modern legislation applies throughout Britain. The law is divided into criminal law and civil law; the latter regulates the conduct of people in ordinary relations with one another. The distinction between the two branches of the law is reflected in the procedures used, the courts in which cases may be heard and the sanctions which may be applied.

The legal system of England and Wales comprises both an historic body of conventions known as common law and equity, and parliamentary and European Community legislation; the last of these applies throughout Britain. Common law, which is based on custom and interpreted in court cases by judges, has never been precisely defined or codified. It forms the basis of the law except when superseded by legislation. Equity law consists of a body of historic rules and principles which are applied by the courts. The English legal system is therefbre distinct from many of those of Western Europe, which have codes derived from Roman law.

European Community law, deriving from Britain's membership of the European Union, is confined mainly to economic and social matters; in certain circumstances it takes precedence over domestic law. It is normally applied by the domestic courts, but the most authoritative rulings are given by the European Court.

The Judiciary

The Lord Chancellor is head of the judiciary in England and Wales. His responsibilities include court procedure and, through the Court Service, the administration of the higher courts and many tribunals in England and Wales. He recommends all judicial appointments to the Crown - other than the highest, which are recommended by the Prime Minister - and appoints magistrates. Judges are normally appointed from practising lawyers. They are not subject to ministerial direction or control.

The courts

Criminal Courts

Summary or less serious offences, which make up the vast majority of criminal cases, are tried in England and Wales by unpaid lay magistrates - justices of the peace (JPs), although in areas with a heavy workload there are a number of full-time, stipendiary magistrates. More serious offences are tried by the Crown Court, presided over by a judge sitting with a jury of citizens randomly picked from the local electoral register. The Crown Court sits at about 90 centres and is presided over by High Court judges, full-time 'circuit judges' and part-time recorders.

Appeals from the magistrates' courts go before the Crown Court or the High Court. Appeals from the Crown Court are made to the Court of Appeal (Criminal Division). The House of Lords is the final appeal court in all cases.

Civil Courts

Magistrates' courts have limited civil jurisdiction. The Y70 county courts have a wider jurisdiction; cases are normally tried by judges sitting alone. The 80 or so judges in the High Court cover civil cases and some criminal cases, and also deal with the appeals. The High Court sits at the Royal Courts of Justice in London or at 26 district registries. Appeals from the High Court are heard in the Court of Appeal (Civil Division), and may go on to the House of Lords, the final court of appeal.

Task 15. The British Government: The Legal System

The Home Secretary

The Home Secretary has overall responsibility for the criminal justice system in England and Wales and for advising the Queen on the exercise of the royal prerogative of mercy to pardon a person convicted of a crime or to remit all or part of a penalty imposed by a court. The Home Secretary can also send a case back to the Court of Appeal if fresh evidence emerges after a conviction has been made.

Scotland

The principles and procedures of the Scottish legal system (particularly in civil law) differ in many respects from those of England and Wales.

Criminal cases are tried in district courts, sheriff courts and the High Court of Justiciary. The main civil courts are the sheriff courts and the Court of Session.

The Secretary of State for Scotland recommends the appointment of all judges other than the most senior ones. He or she also appoints the staff of the High Court of Justiciary and the Court of Session, and is responsible for the composition, staffing and organisation of the sheriff courts. District courts are staffed and administered by the district and islands local authorities.

Northern Ireland

The legal system of Northern Ireland is in many respects similar to that of England and Wales. It has its own court system: the superior courts are the Court of Appeal, the High Court and the Crown Court, which together comprise the Supreme Court of Judicature. A number of arrangements differ from those in England and Wales. A major example is that those accused of terrorist-type offences are tried in nonjury courts to avoid any intimidation of jurors.

Tribunals

Tribunals are a specialized group of judicial bodies, akin to courts of law. They are normally set up under statutory powers which also govern their constitution, functions and procedure.

Tribunals often consist of lay people, but they are generally chaired by a legally qualified person. They tend to be less expensive, and less formal, than courts of law. Some tribunals settle disputes between private citizens. Industrial tribunals, for example, play a major role in employment disputes. Others, such as those concerned with social security, resolve claims by private citizens against public authorities. A further group, including tax tribunals, decide disputed claims by public authorities against private citizens. Tribunals usually consist of an uneven number of people so that a majority decision can be reached.

Members are normally appointed by the government minister concerned with the subject, although the Lord Chancellor (or Lord President of the Court of Session in Scotland) makes most appointments when a lawyer chairman or member is required. In many cases there is a right of appeal to a higher tribunal and, usually, to the courts. Tribunals do not normally employ staff or spend money themselves, but their expenses are paid by the government departments concerned. An independent Council on Tribunals exercises general supervision over many tribunals.

Task 16. The British Government: The Law Making Process

Statute law consists of Acts of Parliament and delegated legislation made by Ministers under powers given to them by Act. While the law undergoes constant refinement in the courts, changes to statute law are made by Parliament. Draft laws take the form of parliamentary Bills. There are generally three types of Bills.

1. Public Bills are those which change the general law and which constitute the significant part of the parliamentary legislative process.

2. Private Bills are those which affect the powers of particular bodies (such as local authorities) or the rights of individuals (such as certain proposals relating to railways, roads and harbors).

3. Hybrid Bills are public Bills which may affect private rights. The passage of private Bills and hybrid Bills through Parliament is governed by a special form of parliamentary procedure which allows those affected to put their case.

Public Bills can be introduced, in either House, by a goverment minister or by an ordinary member. Most public Bills that become Acts of Parliament are introduced by a government minister and are known as 'government Bills'. Before a government Bill is drafted, there may be consultation with organizations which are interested in the subject. Proposals for legislative changes are sometimes set out in government 'White Papers', which may be debated in Parliament before a Bill is introduced. From time to time consultation papers, sometimes called 'Green Papers', set out government proposals which are still taking shape and seek comments from the public.

Private Members' Bills

Individual MPs have a number of opportunities to introduce Bills. Such Private Members' Bills often do not proceed very far, but a few become law each session. Peers may introduce private Members' Bills in the House of Lords at any time. A Private Members' Bill passed by either House will not proceed in the other House unless it is taken up by a member of that House.

Passage of Public Bills

A draft law is given a first reading in the House of Commons without debate; this is followed by a thorough debate on general principles at second reading. It is then given detailed consideration, clause by clause, by a Commons committee before report stage in the whole House, during which further amendments may be considered. At the third reading a Bill is reviewed in its final form and may be debated again. The House of Lords has similar procedures. Bills must normally be passed by both Houses. They must then receive the Royal Assent before becoming Acts. In practice this is a formality.

Delegated Legislation

In order to reduce unnecessary pressure on parliamentary time, primary legislation often gives ministers or other authorities the power to regulate administrative details by means of 'delegated' or secondary legislation. To minimize any risk that delegating powers to the executive might undermine the authority of Parliament, such powers are normally delegated only to authorities directly accountable to Parliament. Moreover, the Acts of Parliament concerned usually provide for some measure of direct parliamentary control over proposed delegated legislation, by giving Parliament the opportunity to affirm or annul it.

A joint committee of both Houses reports on the technical propriety of these 'statutory instruments'. In order to save time on the floor of the House, the Commons also uses standing committees to debate the merits of instruments; actual decisions are taken by the House. The House of Lords has also appointed a Delegated Powers Scrutiny Committee which examines the appropriateness of the powers to make secondary legislation in Bills as they come before that House.

Task 17. The British Government: Checks and Balances

In addition to the system of scrutiny by select committees, the House of Commons offers a number of opportunities for the examination of government policy by both the Opposition and the Government's own backbenchers. These include:

1. Question time, when for 55 minutes on Monday, Tuesday, Wednesday and Thursday, ministers answer MPs' questions. The Prime Minister's question time is every Tuesday and Thursday when the House is sitting. Parliamentary questions are one means of seeking information about the Government's intentions. 'They are also a way of raising grievances brought to MPs' notice by constituents. MP's may also put questions to minister's for written answers; the questions and answer's are published in Hansard. There are about 50,000 questions every year.

2. Adjournment debates, when MP's use motions for the adjournment of the House to raise constituency cases or matters of public concern. There is a half-hour adjournment period at the end of the business of the day, while immediately before the adjournment for each recess Parliament's Christmas, Easter, Spring and summer breaks - a full day is spent discussing issues raised by private members. There are also adjournment debates following the passage -three times a year- of Consolidated Fund or Appropriation Bills, which are financial measures. These take place after the House has voted the necessary money for the Government.

In addition, an MP wishing to discuss a 'specific and important matter that should have urgent consideration' may, at the end of question time, seek leave to move the adjournment of the House. On the very few occasions when leave is obtained, the matter is debatecl for three hours in what is known as an emergency debate- usually on the following day.

3. Early day motions (EDMs) provide a further opportunity for backbench MPs to express their views on particular issues. A number of EDMs are tabled each sitting day; they are very rarely debated but can be useful in gauging the degree of support for the issue raised by the number of signatures of other MPs which the motion attracts.

4. Opposition days each session, when the Opposition can choose subjects for debate.

5. Debates held on three days in each session to consider details of proposed government expenditure, chosen by the Liaison Committee, which consider's general matters relating to select committees.

Procedural opportunities for criticism of the Government also arise during the debate on the Queen's speech at the beginning of each session; during debates on motions of censure for which the Government provides time; and during debates on the Government legislative and other proposals.

House of Lords

Similar opportunities for criticism and examination of government policy are provided in the House of Lords at daily question time and during debates.

Control of Finances

The main responsibilities of Parliament, and more particularly of the House of Commons, in overseeing the revenue of the State and public expenditure, are to authorize the raising of taxes and duties, and the various objects of expenditure and the sum to be spent on each. It also has to satisfy itself that the sums granted are spent only for the purposes which Parliament intended. No payment out of the central government's public funds can be made and no taxation or loans authorized, except by Act of Parliament.

The Finance Act is the most important of the annual statutes, and authorizes the raising of revenue. The legislation is based on the Chancellor of the Exchequer's Budget statement, made in November or December eacb year. It includes a review of the public finances of the previous year, and proposals for future expenditure. Scrutiny of public expenditure is carried out by House ot Commons select Committees.

European Union Affairs

To keep the two Houses informed of EU developments, and to enable them to scrutinize and debate EU policies and proposals, there is a select committee in each House and two Commons standing committees that debate specific European legislative proposals. Ministers also make regular statements about EU business.

The Common's Ability to Force the Government to Resign

The final control is the ability of the House of Commons to force the Government to resign by passing a resolution of 'no confidence'. The Government must also resign if the House rejects a proposal which the Government considers so vital to its policy that it has declared it a 'matter of confidence' or if the House refuses to vote the money required for the public service.

Task 18. The British Government: Britain & The European Union

Britain is a member of the European Union, which comprises the European Community (EC) and intergovernmental co-operation on foreign and security policy, and on justice and home affairs. The Union is an association of 15 democratic nations: Austria, Belgium, Britain, Denmark, Finland, France, Germany, Greece, the Irish Republic, Italy, Luxembourg, Netherlands, Portugal, Spain and Sweden.

Union Institutions

Council of the European Union

Major policy decisions are taken by the Council of the European Union. Member states are represented by the ministers appropriate to the subject under discussion.

The Presidency of the Council changes at six-monthly intervals; Britain assumed it for the fourth time from July to December 1992. In some cases decisions must be made unanimously; in others they are decided by a majority or a qualified majority, with votes weighted according to each country's size. Community policies are implemented by Regulations, which are legally binding and directly applicable in all member countries, and Directives, which are binding on member states but allow national authorities to decide on means of implementation. Heads of Government of the member countries meet twice a year as the European Council. This takes important decisions and discusses EU policies and world affairs generally.