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Unit 6 Legislation

Unit 6 Legislation. TextⅠ Legislation in the United Kingdom -To learn the sources and types of UK legislation and the legislative process Text Ⅱ The Enactment of Laws in the United States -To learn the enactment of federal as well as state laws in the U.S. and the supremacy clause

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Unit 6 Legislation

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  1. Unit 6 Legislation TextⅠ Legislation in the United Kingdom -To learn the sources and types of UK legislation and the legislative process Text Ⅱ The Enactment of Laws in the United States -To learn the enactment of federal as well as state laws in the U.S. and the supremacy clause Text III Case Reading -To read 2 cases: one concerning the prerogative of the Crown, the other concerning the interpretation of law

  2. TextⅠ Legislation in the UK • Terms: majority party, parliamentary session, Queen’s Speech, MP cf. PM, ballot procedure, back-bench members, Standing Order, Ten-minute rule, bill, Royal Assent, 3 readings, consolidating act, codifying act • Proper names: Legislation Committee, Law Commission, Law Reform Committee, Criminal Law Reform Committee, standing committee, Select Committee / committee of the whole House

  3. Outline filling Ⅰ. (para. 1) Introduction Ⅱ. (para. 2-5) 3 sources of legislative proposals A. ___ bills from ___ B. ___ bills by ___ 1. through the ___ procedure 2. under ___ 3. under ___ C. ___ of independent commissions and committees Ⅲ. (para. 6-10) Legislative process bill→___ →___ received→ act Ⅳ. (para. 11-12) Types of legislation A. public act: ___ & ___ private act B. act covering ___ areas act revising the ___ legal rules: ___ & ___ as examples

  4. Outline of text I Ⅰ. (para. 1) Introduction Ⅱ. (para. 2-5) 3 sources of legislative proposals A. government bills from government departments B. private members bills by individual MPs 1. through the ballot procedure 2. under Standing Order 39 3. under the Ten-minute rule procedure C. recommendations of independent commissions and committees Ⅲ. (para. 6-10) Legislative process bill→3 readings in both Houses →Royal Assent received→ act Ⅳ. (para. 11-12) Types of legislation A. public act: government act & private members act private act B. act covering new areas act revising the existing legal rules: consolidating act & codifying act as examples

  5. Terms majority party 多数党、执政党 parliamentary session 议会（会议）期 Queen’s Speech 女王致辞 MP (Member of the Parliament) 议员 PM (Prime Minister) 首相（大臣） ballot procedure 投票程序 back-bench members（英国国会下院）普通议员、后 座议员 Private memebers’ bill procedure http://www.parliament.uk/documents/upload/l02.pdf Standing Order（议会的）议事规则 http://www.parliament.uk/publications/hoc_publications/standingorders.cfm Ten-minute rule（英国下议院的）限制10分钟发言的 议事规则 bill 议案、草案 Royal Assent 御准 3 readings 三读 consolidating act 合并性法案、综合立例、综合法案 codifying act 编纂性法案

  6. Proper names Legislation Committee 立法委员会 Law Commission 法律委员会 Law Reform Committee 法律改革委员会 Criminal Law Reform Committee 刑法改革委 员会 standing committee 常务委员会 Select Committee 特别委员会

  7. Exercises B. Partial translation 1. legislative power 2. legislative process 3. equally applicable 4. to conduct investigations and hold hearings 5. restrain the enforcement of the former

  8. Exercises Translation 1. 1968年，英国铁路董事会有意隐瞒了某些事实，误导议会通过了一项剥夺原告土地或财产权的法规。 2. 政府有时会公布尝试性的立法计划并邀请有关各方对提案发表评论。 3. 越来越多的人开始加入专职游说政党和国会议员的行列，以期巩固其委托人在立法中的利益。 4. China’s securities regulatory authorities are drafting new rules and regulations to standardize the securities market. 5. Chinese Premier Zhu Rongji signed a decree recently to announce the enforcement of the new “Regulations on Printing”.

  9. Text Ⅱ The Enactment of Laws in US Words: constituent cf. constituency , veto, override, nomenclature, biennial, notwithstanding, supersede, pre-empt Useful expressions: lie with, in response to, (law) provides that…, vest sth. in sb. / vest sb. with sth., in considerable detail(s), carry sth. into execution, branch / chamber / house of Congress, carry over to (prep.), in identical form, be numbered in sequence, delegate (power) to sb., (power) be reserved to sb., serve as a basis for, be attributable to, with the exception of, upper and lower house, be similar to, within the scope of, conflict (v.) directly with, answer (n.) to sth., be of superior authoritativeness to (prep.), frustrate (vt.)…objective Terms: checks and balances, supremacy clause, pre-emption doctrine Proper names: H.R.1, S. 1, Archivist

  10. Questions based on Text II • What is checks and balances? • On what constitutional basis is federal law-making power based? • In what way is federal law-making complicated and prolonged? • What are the three means for a bill to become a law? • What is the function of the Archivist?

  11. Questions (continued) 6. On what legal basis is state law-making power based? 7. In what way is the legislature of Nebraska different from that of any other state? 8. What can you infer from the supremacy clause of the US Constitution? 9. What is pre-emption doctrine? 10. What elements should be considered when making state laws?

  12. Outline of Text II Ⅰ. (para. 1) Introduction: responsibility of the legislature, function of laws, checks and balances Ⅱ. (para. 2-6) The enactment of federal laws bill → 1. Presidential signature received 2. Presidential veto overridden by a 2/3 vote of both Houses of Congress 3. President’s inaction within 10 days of receiving the bill → act Ⅲ. (para. 7-8) The enactment of state laws Ⅳ. (para. 9-12) The Supremacy clause

  13. Article ISection 1 of the USConstitution All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. （第一条 第一节） 本宪法所规定的立法权，全属合众国的国会，国会由一个参议院和一个众议院组成。

  14. Article ISection 8 of the USConstitution The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; …And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

  15. 第一条 第八节 国会有权规定并徵收税金、捐税、关税和其它赋税，用以偿付国债并为合众国的共同防御和全民福利提供经费 ;但是各种捐税、关税和其它赋税，在合众国内应划一徵收 … 并且为了行使上述各项权力，以及行使本宪法赋予合众国政府或其各部门或其官员的种种权力，制定一切必要的和适当的法律。

  16. Amendment 10 to the USConstitution The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. （第十條修正案） 舉凡憲法未授予合眾國政府行使，而又不禁止各州行使的各種權力，均保留給各州政府或人民行使之。

  17. Article VIof the USConstitution (including the supremacy clause) …This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every state shall be bound thereby, anything in the Constitution or Laws of any state to the contrary notwithstanding…

  18. 第六条 … 本宪法及依本宪法所制定之合众国法律; 以及合众国已经缔结及将要缔结的一切条约，皆为全国之最高法律 ; 每个州的法官都应受其约束，任何一州宪法或法律中的任何内容与之抵触时，均不得有违这一规定。 …

  19. Terms checks and balances 政府机关彼此之间的相互制衡（的原则） - the division of authority and responsibility among the three branches of government which limits the power and authority of each branch supremacy clause 最高权力条款 pre-emption doctrine 优先原则

  20. Proper names H.R.1 （提交）众议院（审议）第1号议案 S. 1（提交）参议院（审议）第1号议案 Archivist 案卷保管人

  21. Text III Case Reading Case A: words: tenable, prerogative, gather, gloss phrases: encroach upon, in issue, as regards proper names: Lord Advocate, WLR Case B: words: borough, amalgamate, ratepayer, ultra-legalistic, usurpation (usurp v.), guesswork phrases: provide for / provide, turn on, make nonsense of, be prone to Terms: the literal rule / the golden rule / the mischief rule Proper names: AC, the Master of the Rolls (MR)

  22. Case A Proper names: Lord Advocate: [苏格兰]检察官 WLR: Weekly Law Reports （英格兰和威尔士） 《每周法律判例汇编》 Constitution and legal systems of UK • The United Kingdom consists of a number of territorial units: England, Wales, Scotland and Northern Ireland. Great Britain includes England, Wales and Scotland. • Three legal systems exist within the UK: the legal system of England and Wales / Scotland / Northern Ireland （refer to http://www.britannia.com/gov/gov8.html）

  23. Case A: background information Current legal principle: Whether the Commonwealth executive should be bound by legislation enacted by the Commonwealth Parliament.? There is no constitutional impediment to a Commonwealth statute binding the Commonwealth executive. The question is primarily one of statutory construction. Under current law the position of the executive is determined first by applying the common law presumption of immunity and, second, by ascertaining whether that presumption has been rebutted in the circumstances of the particular case. (See more information at http://www.austlii.edu.au/au/other/alrc/publications/reports/92/ch26.html)

  24. Case B Proper names: AC (Appeal Cases) (英)《上诉案件汇编》 MR (Master of the Rolls) (英) 主事官，（上诉法院的）录卷主任，保管案卷的法官，上诉法院民事庭庭长

  25. Case B: 2 major interpretation rules literal rule/ plain meaning rule 字面解释原则 /显然意义规则 -This is the most important rule. It is that Parliament must have intended words to have their ordinary and natural meaning. This applies when the words are unambiguous even if it leads to an unlikely result. golden rule / purposive approach 黄金原则 /目的解释法 -This means that words should be given their ordinary meaning as far as possible but only to the extent that they do not produce an absurd or obnoxious result. The golden rule is often relevant where there is an ambiguity in the meaning of the words. It is also used where the words are unambiguous but the result would be contrary to the public good.

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