Unit 6 LegislationUnit 6 LegislationTextⅠ Legislation in the United KingdomTextⅠ Legislation in the United Kingdom

-To learn the sources and types of UK legislati-To learn the sources and types of UK legislation and the legislative processon and the legislative process

Text Ⅱ The Enactment of Laws in the United StatText Ⅱ The Enactment of Laws in the United Stateses-To learn the enactment of federal as well as s-To learn the enactment of federal as well as state laws in the U.S. and the supremacy claustate laws in the U.S. and the supremacy clausee

Text III Case ReadingText III Case Reading-To read 2 cases: one concerning the prerogat-To read 2 cases: one concerning the prerogative of the Crown, the other concerning the intive of the Crown, the other concerning the interpretation of lawerpretation of law

TextⅠ Legislation in the UKTextⅠ Legislation in the UK

• Terms:Terms: majority party, parliamentary majority party, parliamentary session, Queen’s Speech, MP cf. PM, ballot session, Queen’s Speech, MP cf. PM, ballot procedure, back-bench members, procedure, back-bench members, Standing Order, Ten-minute rule, bill, Standing Order, Ten-minute rule, bill, Royal Assent, 3 readings, consolidating Royal Assent, 3 readings, consolidating act, codifying actact, codifying act

• Proper names: Legislation Committee, Proper names: Legislation Committee, Law Commission, Law Reform Committee, Law Commission, Law Reform Committee, Criminal Law Reform Committee, standing Criminal Law Reform Committee, standing committee, Select Committee / committee committee, Select Committee / committee of the whole House of the whole House

Outline fillingOutline fillingⅠⅠ. (para. 1) Introduction. (para. 1) IntroductionⅡⅡ. (para. 2-5) 3 sources of legislative proposals. (para. 2-5) 3 sources of legislative proposals

A.A. ___ bills from ______ bills from ___B. ___ bills by ___B. ___ bills by ___

1. through the ___ procedure1. through the ___ procedure2. under ___2. under ___3. under ___3. under ___

C.C. ___ of independent commissions and committees___ of independent commissions and committeesⅢⅢ. (para. 6-10) Legislative process. (para. 6-10) Legislative process

bill→___ →___ received→ actbill→___ →___ received→ actⅣⅣ. (para. 11-12) Types of legislation. (para. 11-12) Types of legislation

A.A. public act: ___ & ___ public act: ___ & ___ private actprivate act

B.B. act covering ___ areasact covering ___ areas act revising the ___ legal rules: ___ & ___ as act revising the ___ legal rules: ___ & ___ as

examplesexamples

Outline of text IOutline of text IⅠⅠ. (para. 1) Introduction. (para. 1) IntroductionⅡⅡ. (para. 2-5) 3 sources of legislative proposals. (para. 2-5) 3 sources of legislative proposals

A.A. government bills from government departmentsgovernment bills from government departmentsB. private members bills by individual MPsB. private members bills by individual MPs

1. through the ballot procedure1. through the ballot procedure2. under Standing Order 392. under Standing Order 393. under the Ten-minute rule procedure3. under the Ten-minute rule procedure

C.C. recommendations of independent commissions arecommendations of independent commissions and nd committeescommittees

ⅢⅢ. (para. 6-10) Legislative process. (para. 6-10) Legislative processbill→3 readings in both Houses →Royal Assent bill→3 readings in both Houses →Royal Assent received→ actreceived→ act

ⅣⅣ. (para. 11-12) Types of legislation. (para. 11-12) Types of legislationA.A. public act: government act & private members act public act: government act & private members act

private actprivate actB.B. act covering new areasact covering new areas

act revising the existing legal rules: consolidating act & act revising the existing legal rules: consolidating act & codifying act as examplescodifying act as examples

TermsTermsmajority party majority party 多数党、执政党多数党、执政党parliamentary session parliamentary session 议会（会议）期议会（会议）期Queen’s Speech Queen’s Speech 女王致辞女王致辞MP (Member of the Parliament) MP (Member of the Parliament) 议员议员PM (Prime Minister) PM (Prime Minister) 首相（大臣）首相（大臣）ballot procedure ballot procedure 投票程序投票程序back-bench membersback-bench members （英国国会下院）普通议员、后 （英国国会下院）普通议员、后

座议员 座议员

Private memebers’ bill procedurePrivate memebers’ bill procedurehttp://www.parliament.uk/documents/upload/l02.pdfhttp://www.parliament.uk/documents/upload/l02.pdfStanding OrderStanding Order （议会的）议事规则（议会的）议事规则http://www.parliament.uk/publications/hoc_publications/standingorders.cfmhttp://www.parliament.uk/publications/hoc_publications/standingorders.cfmTen-minute ruleTen-minute rule （英国下议院的）限制（英国下议院的）限制 1010 分钟发言的 分钟发言的

议事规则 议事规则bill bill 议案、草案议案、草案Royal Assent Royal Assent 御准御准3 readings 3 readings 三读三读consolidating act consolidating act 合并性法案、综合立例、综合法案合并性法案、综合立例、综合法案codifying act codifying act 编纂性法案 编纂性法案

Proper namesProper names

Legislation Committee Legislation Committee 立法委员会立法委员会Law Commission Law Commission 法律委员会法律委员会Law Reform Committee Law Reform Committee 法律改革委员会法律改革委员会Criminal Law Reform Committee Criminal Law Reform Committee 刑法改革刑法改革

委委 员会 员会standing committee standing committee 常务委员会常务委员会Select Committee Select Committee 特别委员会特别委员会

Exercises Exercises

B. Partial translationB. Partial translation

1. legislative power1. legislative power

2. legislative process2. legislative process

3. equally applicable3. equally applicable

4. to conduct investigations and hold 4. to conduct investigations and hold hearings hearings

5. restrain the enforcement of the 5. restrain the enforcement of the formerformer

ExercisesExercises TranslationTranslation1. 19681. 1968 年，英国铁路董事会有意隐瞒了某些事实，误年，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。导议会通过了一项剥夺原告土地或财产权的法规。2. 2. 政府有时会公布尝试性的立法计划并邀请有关各方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。对提案发表评论。3. 3. 越来越多的人开始加入专职游说政党和国会议员的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。行列，以期巩固其委托人在立法中的利益。4. China’s securities regulatory authorities are dr4. China’s securities regulatory authorities are dr

afting new rules and regulations to standardize afting new rules and regulations to standardize the securities market.the securities market.

5.5. Chinese Premier Zhu Rongji signed a decree recChinese Premier Zhu Rongji signed a decree recently to announce the enforcement of the new ently to announce the enforcement of the new “Regulations on Printing”. “Regulations on Printing”.

Text Ⅱ The Enactment of Laws in Text Ⅱ The Enactment of Laws in USUSWords: constituent cf. constituency , veto, override, nomenWords: constituent cf. constituency , veto, override, nomen

clature, biennial, notwithstanding, supersede, pre-emptclature, biennial, notwithstanding, supersede, pre-emptUseful expressions: lie with, in response to, (law) provides tUseful expressions: lie with, in response to, (law) provides t

hat…, vest sth. in sb. / vest sb. with sth., in considerable hat…, vest sth. in sb. / vest sb. with sth., in considerable detail(s), carry sth. into execution, branch / chamber / hodetail(s), carry sth. into execution, branch / chamber / house of Congress, carry over to (prep.), in identical form, buse of Congress, carry over to (prep.), in identical form, be numbered in sequence, delegate (power) to sb., (powee numbered in sequence, delegate (power) to sb., (power) be reserved to sb., serve as a basis for, be attributable tr) be reserved to sb., serve as a basis for, be attributable to, with the exception of, upper and lower house, be similo, with the exception of, upper and lower house, be similar to, within the scope of, conflict (v.) directly with, answar to, within the scope of, conflict (v.) directly with, answer (n.) to sth., be of superior authoritativeness to (prep.), er (n.) to sth., be of superior authoritativeness to (prep.), frustrate (vt.)…objectivefrustrate (vt.)…objective

Terms: checks and balances, supremacy clause, pre-emptioTerms: checks and balances, supremacy clause, pre-emption doctrine n doctrine

Proper names: H.R.1, S. 1, Archivist Proper names: H.R.1, S. 1, Archivist

Questions based on Text IIQuestions based on Text II1.1. What is checks and balances?What is checks and balances?

2.2. On what constitutional basis is federal On what constitutional basis is federal law-making power based?law-making power based?

3.3. In what way is federal law-making In what way is federal law-making complicated and prolonged?complicated and prolonged?

4.4. What are the three means for a bill to What are the three means for a bill to become a law?become a law?

5.5. What is the function of the Archivist?What is the function of the Archivist?

Questions (continued)Questions (continued)

6. On what legal basis is state law-making 6. On what legal basis is state law-making power based?power based?

7. In what way is the legislature of 7. In what way is the legislature of Nebraska different from that of any Nebraska different from that of any other state?other state?

8. What can you infer from the supremacy 8. What can you infer from the supremacy clause of the US Constitution?clause of the US Constitution?

9. What is pre-emption doctrine?9. What is pre-emption doctrine?

10. What elements should be considered 10. What elements should be considered when making state laws?when making state laws?

Outline of Text IIOutline of Text IIⅠⅠ. (para. 1) Introduction: responsibility of the legislature, . (para. 1) Introduction: responsibility of the legislature,

function of laws, checks and balances function of laws, checks and balances

ⅡⅡ. (para. 2-6) The enactment of federal laws. (para. 2-6) The enactment of federal lawsbill → bill →

1. Presidential signature received1. Presidential signature received2. Presidential veto overridden by a 2/3 vote of both Ho2. Presidential veto overridden by a 2/3 vote of both Houses of Congressuses of Congress3. President’s inaction within 10 days of receiving the 3. President’s inaction within 10 days of receiving the bill bill → → actact

ⅢⅢ. (para. 7-8) The enactment of state laws. (para. 7-8) The enactment of state lawsⅣⅣ. (para. 9-12) The Supremacy clause. (para. 9-12) The Supremacy clause

Article IArticle I  Section 1 of the USSection 1 of the US ConstitutionConstitution

All legislative Powers herein granted shall be vAll legislative Powers herein granted shall be vested in a Congress of the United States, whicested in a Congress of the United States, which shall consist of a Senate and House of Repreh shall consist of a Senate and House of Representatives.sentatives.（（第一条 第一节）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。 会由一个参议院和一个众议院组成。

Article IArticle I  Section 8 of the USSection 8 of the US ConstitutionConstitution

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

第一条 第八节第一条 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 福利提供经费 ;; 但是各种捐税、关税和其它赋税，但是各种捐税、关税和其它赋税，在合众国内应划一徵收 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，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。制定一切必要的和适当的法律。

Amendment 10 to the USAmendment 10 to the US ConstitutionConstitution

The powers not delegated to the United States The powers not delegated to the United States by the Constitution, nor prohibited by it to the by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, States, are reserved to the States respectively, or to the people.or to the people.（第十條修正案）（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州行使的各種權力，均保留給各州政府或人民行使之。使之。

Article VIArticle VI of the USof the US Constitution Constitution (including the supremacy clause)(including the supremacy clause)

……This Constitution, and the Laws of the This Constitution, and the Laws of the United States which shall be made in United States which shall be made in pursuance thereof; and all treaties made, pursuance thereof; and all treaties made, or which shall be made, under the authority or which shall be made, under the authority of the United States, shall be the supreme of the United States, shall be the supreme Law of the land; and the Judges in every Law of the land; and the Judges in every state shall be bound thereby, anything in state shall be bound thereby, anything in the Constitution or Laws of any state to the the Constitution or Laws of any state to the contrary notwithstanding… contrary notwithstanding…

第六条第六条……

本宪法及依本宪法所制定之合众国法律本宪法及依本宪法所制定之合众国法律 ; ; 以以及合众国已经缔结及将要缔结的一切条约，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 皆为全国之最高法律 ; ; 每个州的法官都应受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。 与之抵触时，均不得有违这一规定。

……

Terms Terms

checks and balances checks and balances 政府机关彼此之间的政府机关彼此之间的相互制衡（的原则）相互制衡（的原则）- the division of authority and responsibi- the division of authority and responsibility among the three branches of governlity among the three branches of government which limits the power and authoriment which limits the power and authority of each branchty of each branch

supremacy clause supremacy clause 最高权力条款最高权力条款pre-emption doctrine pre-emption doctrine 优先原则优先原则

Proper namesProper names

H.R.1 H.R.1 （提交）众议院（审议）第（提交）众议院（审议）第 11号议案号议案S. 1S. 1 （提交）参议院（审议）第（提交）参议院（审议）第 11号议案号议案Archivist Archivist 案卷保管人 案卷保管人

Text III Case ReadingText III Case ReadingCase A:Case A:

words: tenable, prerogative, gather, glosswords: tenable, prerogative, gather, glossphrases: encroach upon, in issue, as regardsphrases: encroach upon, in issue, as regardsproper names: Lord Advocate, WLRproper names: Lord Advocate, WLR

Case B:Case B:words: borough, amalgamate, ratepayer, ultra-words: borough, amalgamate, ratepayer, ultra-legalistic, usurpation (usurp v.), guessworklegalistic, usurpation (usurp v.), guessworkphrases: provide for / provide, turn on, make phrases: provide for / provide, turn on, make nonsense of, be prone tononsense of, be prone toTerms: the literal rule / the golden rule / the Terms: the literal rule / the golden rule / the mischief rulemischief ruleProper names: AC, the Master of the Rolls (MR)Proper names: AC, the Master of the Rolls (MR)

Case ACase AProper names:Proper names:

Lord AdvocateLord Advocate: [: [ 苏格兰苏格兰 ]] 检察官检察官WLRWLR: Weekly Law Reports : Weekly Law Reports （英格兰和威尔士）（英格兰和威尔士）

《每周法律判例汇编》 《每周法律判例汇编》Constitution and legal systems of UKConstitution and legal systems of UK• The United Kingdom consists of a number of terrThe United Kingdom consists of a number of terr

itorial units: England, Wales, Scotland and Northitorial units: England, Wales, Scotland and Northern Ireland. ern Ireland. Great Britain includes England, Wales and ScotlaGreat Britain includes England, Wales and Scotland.nd.

• Three legal systems exist within the UK:Three legal systems exist within the UK: tthe legal system of England and Wales / Scotland he legal system of England and Wales / Scotland

/ Northern Ireland / Northern Ireland （（ refer to refer to http://www.britannia.com/gov/gov8.htmlhttp://www.britannia.com/gov/gov8.html ））

Case A: background Case A: background informationinformation

Current legal principle:Current legal principle:Whether the Commonwealth executive shoWhether the Commonwealth executive sho

uld be bound by legislation enacted by the Comuld be bound by legislation enacted by the Commonwealth Parliament.? There is no constitutiomonwealth Parliament.? There is no constitutional impediment to a Commonwealth statute binnal impediment to a Commonwealth statute binding the Commonwealth executive. The questioding the Commonwealth executive. The question is primarily one of statutory construction. Undn is primarily one of statutory construction. Under current law the position of the executive is deter current law the position of the executive is determined first by applying the common law presuermined first by applying the common law presumption of immunity and, second, by ascertaininmption of immunity and, second, by ascertaining whether that presumption has been rebutted ig whether that presumption has been rebutted in the circumstances of the particular case. n the circumstances of the particular case. (See more information at (See more information at http://www.austlii.edu.au/au/othttp://www.austlii.edu.au/au/other/alrc/publications/reports/92/ch26.htmlher/alrc/publications/reports/92/ch26.html))

Case BCase BProper names:Proper names:

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

CCase B: 2 major interpretation ase B: 2 major interpretation

rulesrules literal rule/ plain meaning ruleliteral rule/ plain meaning rule 字面解释原则 字面解释原则 //显然意义规则 显然意义规则

-This is the most important rule. It is that Parliame-This is the most important rule. It is that Parliament must have intended words to have their ordinarnt must have intended words to have their ordinary and natural meaning. This applies when the wordy and natural meaning. This applies when the words are unambiguous even if it leads to an unlikely res are unambiguous even if it leads to an unlikely result.sult.

golden rule / purposive approachgolden rule / purposive approach 黄金原则 黄金原则 //目的解释法目的解释法

-This means that words should be given their ordin-This means that words should be given their ordinary meaning as far as possible but only to the extenary meaning as far as possible but only to the extent that they do not produce an absurd or obnoxious t that they do not produce an absurd or obnoxious result. The golden rule is often relevant where therresult. The golden rule is often relevant where there is an ambiguity in the meaning of the words. It is e is an ambiguity in the meaning of the words. It is also used where the words are unambiguous but talso used where the words are unambiguous but the result would be contrary to the public good.he result would be contrary to the public good.