Revision of unit 4

Questions :

Text 4

British parliament today

1. the essence of parliamentary system

The essence of the system today s that the political leaders of the executive are members of the legislature and are responsible to an elected assembly.

2. What does the tenure of office depend on?

The Government’s tenure of office depends on the support of a majority in the elected House of Commons, where it has to meet informed and public criticism by an Opposition capable of succeeding it as a government should the electorate so decide.

3. The three elements of Parliament ????????????

The Crown

Parlaments 2 Chambers (HoL HoC)

Government

или

The Crown

Parlaments 2 Chambers (HoL HoC)

еще такой вариант

The supreme legislative authority in the UK is the Queen in Parliament, that is to say, the Queen and 2Houses of Parliament – the HoL and the elected HoC.

Queen-in-Parliament - the collective legal entity composed of the British monarch and the two houses of Parliament acting together that constitutes the supreme legislative authority of the UK.

4. Comment upon the Sate Opening of Parliament

The State Opening of Parliament marks the beginning of the parliamentary session. Its main purpose is for the monarch formally to open Parliament and, in the Queen’s Speech, deliver an outline of the Government’s proposed policies, legislation for the coming session and a review of the last session.

State Opening is the main ceremonial event of the parliamentary calendar, attracting large crowds, both in person and watching on television and the internet.

5. The powers of Parliament

process of legislation is the duty of both Houses

As a law-making organ of State, however, Parliament is a corporate body and with certain exceptions cannot legislate without the concurrence (agreement) of all its parts.

6. The balance of powers between the two Houses

In modern practice the centre of parliamentary power is in the popularly elected House of Commons. The Parliament Act 1911 curtailed the veto of the Lords to a period of two years for Bills passed by the Commons in three successive sessions (whether of the same Parliament or not), and abolished the veto altogether in connection with Bills dealing exclusively with expenditure or taxation. In respect of legislation the principal function of the modern House of Lords is revision and that its object is to complement the House of Commons and not to rival it.

В современной практике центром парламентской власти является всенародно избираемая палата общин. Закон о парламенте 1911 г. сократил право вето лордов до двух лет на законопроекты, принятые палатой общин на трех последовательных сессиях (независимо от того, того же парламента или нет), и полностью отменил право вето в связи с законопроектами, касающимися исключительно расходов или налогообложение. В отношении законодательства основной функцией современной Палаты лордов является пересмотр, и ее цель состоит в том, чтобы дополнять Палату общин, а не конкурировать с ней.

TEXT 6

Composition of the modern House of Lords

a) Powers and duties of the House of Lords

A major task is to examine and pass legislation. The house plays a key role in revising legislation sent from the Commons and thus complements the work of the elected House of Commons. It also initiates legislation and shares the burden of the legislative load. Also another important function is to act as check on government by scrutinising it’s activities by asking questions, debating policy and through its select committees, taking evidence from ministers and others. ( questions are directed at the government as a whole)

b) Composition of the HoL

Members of the House of Lords are organised on a party basis in much the same way as the House of Commons but Members of the Lords do not represent constituencies and many do not support one of three main parties - these independent Members are known as “Crossbenchers” .There is no upper limit on the total number of members. The House of Lords members are subdivided into Lords Temporal and Lords Spiritual. Unlike MPs, the public do not elect the Lords. The majority are appointed by the Queen on the recommendation of the Prime Minister or of the House of Lords Appointments Commission

But before the present House of Lords reform Lords Temporal were classified into hereditary peers, life peers and lords of Appeal in ordinary.

Now the core membership of HoL is made up of life peers who are appointed for their lifetime only, these lord’s titles are not passed on to their children. They are created under the life peerages Act 1958. The Queen formally appoints life peers on the advice and recommendation of the Prime Minister.

Today there are 92 hereditary Peers in the House of Lords.

c) Compare the Common s Speakers and the Lord Speaker

The Lord Speaker presides over business in the Chamber. Unlike the Commons’ Speaker, she or he does not call on Members to speak and has no powers to call the House to order because the House of Lords is self-regulating. The Lord Speaker is elected by the House and is politically impartial

Лорд-спикер руководит делами в Палате. В отличие от спикера Палаты общин, она или он не призывает членов выступить и не имеет полномочий призывать Палату к порядку, поскольку Палата лордов является саморегулируемой. Лорд-спикер избирается Палатой представителей и является политически беспристрастным.

TEXT 7

Composition of the modern HoC

1. Analogue of Westminster in other part of the UK

HoC- representative assembly elected by universal adult suffrage, and consists of men and women (MP’s) from all sections of the community regardless of income and occupation.

Analogues - Parliament in Scotland ; National Assembly in Wales; National Assembly in Northern Ireland.

2. The main political parties

In House of Commons work 3 main political parties

• Labor (opposition),

• Conservative (in power),

• Liberal Democrats.

3. Duties of MP

• Propose new laws

• Scrutinise government policies by asking ministers questions about current issues

• Challenge the policy put forward by a minister during a debate on a particular bill in the 2nd reading / put forward amendments at committee stage (institution of parliamentary questions and answers during adjournment debates or debates on “Opposition day”)

4. Comment on the general elections and by-election

General election.

• every 5 years

• after Parliament has been dissolved

• new one summons

By-election.

• to find a new MP for constituency

• when a seat in the House of Commons becomes vacant during the lifetime of Parliament

• because MP dies, resigns, is elevated to the peerage or becomes ineligible to sit for some reason

5. Requirements for becoming an MP

Candidates must be nominated by at least 12 members, 3 of them must be of a different party from the candidate. Each member may nominate no more than 1 candidate. The candidate should receive more than ½ votes by secret ballot.

• British Citizen

• Citizen of Ireland

• A citizen of the commonwealth or the Republic of Ireland.

• NOT DISQUALIFIED

6. What should an MP do in order to resign ?

An MP who wishes to resign has to go through the process of applying for a paid office of the Crown, which automatically disqualifies the MP from holding a seat in the House of Commons.

7. Comment on the Speakership: role of the Speaker before the 17th c, responsibilities, Speaker at the general election.

The Lord Speaker presides over business in the HoL. Unlike Common’s Speaker, he doesn’t call on members to speak and has no powers to call the House to order because HoL is self-regulating. TheLord Speaker is elected by the HoL and he is politically impartial.

The Speaker in the HoC is the chief officer and the highest authority of the H of C.

He chairs debates in the Commons. During debates he keeps order and call on members to speak. The Speaker also represents the Commons to the monarch, the Lords and the other authorities. The Speaker must be above party all the time.

The Speaker is an MP who has been elected by other Member of the Parliament. Candidates must be nominated by at least 12 members, of whom at least 3 must of a different party from a candidate. Each member may nominate no more than 1 candidate. The candidate should receive more than half the votes by secret ballot in the House.

Speakers still stand in general elections. During a general election, Speakers do not campaign on any political issues but simply stand as «the Speaker seeking re-election».

TEXT 9

TYPES OF LEGISLATION

Enumerate and comment on the main types of legislation considered by Parliament

There are 5 main types of legislation considered by Parliament.

• Public bills - Government Bills - Private members Bills

• Private Bills

• Hybrid Bills

• Statutory Instruments

Governments bills - introduced by a Minister. There are the most important form of legislation and take up the largest proportion of Parliamentary time. Parliamentary majority - governments bills, with certain rare exception, are eventually passed and become part of the law of the land. (Ports Bill - the privatization of trust ports in the UK)

Private members Bills

Introduced by an individual backbench MP or Peer of any political party. Because relatively little Parliamentary time is avaliable for discussion this Bills. (The Children and young persons Bill - introduced reforms designed to reduce the sale of tobacco products to children)

Private Bills

promoted by an organization seeking specific (local) powers which do not involve the constitution of work (exmp. railway)(the Torquay Markets Bill - allowed the market building at Torquay , Devon , to be used for alternative purposes)

Hybrid Bills

Public with Private Bills together (the Channel Tunnel Bill - authorized the construction of the Channel Tunnel)

Statutory Instruments

Detailed rules made under powers contained in Act of Parliament (the Draft Motor Vehicles - required adults traveling in the rear of cars to wear seat belts when these are fitted)

TEXT 10

PASSAGES OF A PUBLIC BILL INTRODUCED

BY THE GOVERNMENT INTO THE HOUSE OF COMMONS

Enumerate (перечислить) and comment on the steps of the passage of a bill.

The content and the policy of the Bill must be approved by the Cabinet committee and then by the full Cabinet. Responsibility for drafting the Bill is with the Parliamentary Draftsmen / parliamentary Counsel to the Treasury/ Their draft is scrutinized by the Legislation Committee of the Cabinet. The Lord’s Chancellor Office and the Law Officers are also likely to examine th Bill to consider matters as the proper legal wording.

1. First Reading. A formal stage The title of the Bill is read out, Bill published , data fixed for the 2nd reading

2. Second reading The principles of the Bill are discussed on the floor of the House. The Bill is voted on.

3. Committee Stage detailed clause by clause analysis of the Bill by a standing committee

4. Report stage The Bill is reported back to the whole House as amended.

5. Third reading The whole House considers the principles behind the legislation. Only verbal amendments can be made and any debate must be supported by at least 6 members

Once a bill has passed it’s Commons stage it goes up the House of Lords where the same process is repeated, except that the Committee stage is taken on the floor of the House. If the Bill is amended in the HoL, these amendments must be considered by the Commons. If these amendments are rejected by the HoC, the Lords must decide whether to persist with it. If no agreement is reached before the end of the

Session, the Bill will fail.Once a Bill is passed by both Houses it receives the Royal Assent.

Some variations on the procedure:

1. Bills may start life in either House . The Government must try to arrange its business to ensure that the Commons do not have all its work at the beginning of the Session. Generally, less controversial Bills (technical bills) start their life in the Lords, high profile bills – in the Commons. As the HoC has sole responsibility on financial bills – they start in the HoC.

2. Some bills have their second reading stage in Committee. It was made to save time and is used for noncontroversial legislation. If the Second reading is in the Committee, then the Report Stage is also will be in a Committee.

3. Some Bills have their Committee stage on the floor of the House of Commons. This procedure can be used for non-controversial bills, bills of major importance.

***

• Green papers - a consultation document produced by the government which allows people both inside and outside Parliament to debate the subject.

• white papers - a document produced by the government setting out details of future policy on a particular subject.

Definitions text 4

executive, -

authority

• the power or right to give orders, make decisions, and enforce obedience

• a person or organization having political or administrative power and control.

subject, - 1 - a person who lives in or who has the right to live in a particular country, esp. a country with a king or a queen

2. the thing that is being discussed, considered, or studied

summon - order (someone) to be present.

summons - serve (someone) with a summons. (вызывать в суд повесткой).

legislature, - an organization consisting of people who have been elected to make laws for a state or a country

legislation, - a law or set of laws suggested by a government and made official by a Parliament

legislative, - something relating to laws and the process of making laws

legislate, - to make laws, to make rules or laws relating to a particular activity

void - not valid or legally binding (юридически обязывающий).

convention - a way in which something is usually done.

legalise, - make something legal, to allow by law

binding, - something that cannot be changed or stopped

succeed - take over a throne, office, or other position from.

body, - a group of people who have joined together for a particular reason

successive, - happening one after the other without any break

veto - a constitutional right to reject a decision or proposal made by a lawmaking body.

succession - a number of similar people or events that exist or happen one after another

principal -

• first in order of importance; main.

• the person directly responsible for a crime (лицо непосредственно виновное в совершении преступления).

principle - a fundamental truth or proposition that serves as the foundation for a system of belief or behaviour or for a chain of reasoning.,

election - a formal and organized choice by vote of a person for a political office or other position.

TEXT 6

Peer –

1. A person who is of equal status, rank, or character with another.

2. A member of the British nobility (such as a duchess, marquis, earl, viscount, or baroness).

Peeress –

1. A female peer.

2. The wife of a peer.

Peerage –

1. All the British peers considered as a group.

2. [countable] The rank of a British peer.

TEXT 7

nomination, - the act of officially suggesting someone or something for a job or position

ineligible, - not allowed by the rules

delaying power,

qualified -

• to be or become fit (as for an office) : meet the required standard. (соответствовать стандарту: подходить)

• to acquire legal or competent power or capacity has just qualified as a lawyer., (приобрести юридическую или компетентную власть или дееспособность, получив квалификацию юриста)

eligible, - having the necessary qualities or satisfying the necessary conditions

institution, - an organization that exist to serve a public purpose

dissolved - the act of bringing an end or termination of a legal relationship between two parties, such as a partnership, contract or marriage. (акт прекращения),

**disqualified - to be stripped of legal capacity (быть лишенным дееспособности),

suffrage - the right to vote,