Unit 7: constitutional law of the united states and the united kingdom

Exercise 1: Read the international words properly; give their equivalents in Russian:

Congress; Senate; bills; resolutions; President; presiden­tial; resident; programmes; to recommend; secretaries; advocates; interests; system; criminal; civil; constitution; nation.

Exercise 2: Give the corresponding verbs of the same root (корень) from the following nouns. Translate them:

government; legislation; representative; election; head; interests; appointment; trial; recommendation; composi­tion; dependent; legislative.

Exercise 3: Read the following words properly. Translate them. Use a dictionary when necessary.

an amendment; a government; a branch; executive; legislative; judicial; presidential; to be held; a resident; to carry out; to appoint; an ambassador, to be composed of; representatives; particular, to sign; to pass; to try; similar, entire; a governor.

Exercise 4: Read the following word combinations; translate them; learn them by heart:

by the Constitution of 1787 and the amendments to it; the executive, legislative and judicial branches of power; the Congress of the United States; the Senate and the House of Representatives; for a term of 4 years; the num­ber of representatives from each state; to depend on the number of people in each particular state; in order to become a law; to pass both the Houses; the executive power in the United States is vested in the President; the presi­dential election; to carry out the programmes of the Government; to appoint Federal Judges; ambassadors to other countries; to be influential; Chief Justice of the USA; Associate Justices; to try criminal and civil cases; the governor of the state.

Text 1: US GOVERNMENT

By the Constitution of 1787 (and the amendments to it) the government of the USA is composed of three branches: the executive one, the legislative one, and the judicial one.

The highest executive power in the United States is vested in the President of the United States, who is elected for a term of 4 years by electors of each state. The Presidential election is held every four year in November. The President of the USA must be a native-born citizen, resident in the country for 14 years and at least 35 years old.

The President is to carry out the programmes of the Gov­ernment, to recommend much of the legislation to the Con­gress. He is to appoint Federal Judges, ambassadors to other countries and heads of various government departments, called secretaries.

The legislative power belongs to the Congress of the United States consisting of two chambers: the Senate and the House of Representatives. The Senate is composed of two members from each state elected for a term of 6 years, one third being elected every two years. The number of representatives from each state to the House of Representatives depends on the number of people in each particular state.

In order to become a law all bills and resolutions must pass both the Houses and must be signed by the President.

An important role in the American legislation is played by so-called «lobbyists». They are often more influential than Congressmen themselves.

The Supreme Court is the highest judicial organ of the United States and the head of the judicial branch of power. The Supreme Court consists of the Chief Justice of the USA and a number of Associate Justices.

The United States is divided into 11 judicial circuits, each one being served with a Federal Court of Appeals. There are about 90 district courts in different parts of the United States. The district courts are the lowest ones in the Federal court sys­tem. Most of the criminal and civil cases are tried by these courts.

Each state has a constitution similar to the Constitution of the entire nation and all the power in each state is divided into executive, legislative and judicial. The head of each state is the governor of the state.

Each state has each own system of courts similar to that of the Federal courts.

Exercise 5: Read and translate the sentences paying attention to the pronoun one:

1. The government of the USA is composed of three branches: the executive one, the legislative one, and the judicial one.

2. The district courts are the lowest ones in the Federal court system.

3. The constitutional system of each particular state is the one which is similar to that of the entire nation.

4. One can say that lobbyists in the American legislation are very often more influential than the Congressmen.

5. Each voter in the US is in front of the choice between the candidates of two opposite parties: the republican one and the democratic one, whose political platforms are practically alike.

6. One should say that politics in the USA as in many other countries is «a commercial enterprise as any other one».

7. In some countries the more money one can pay, the better lawyer one can have.

8. The USA is divided into 50 states; each one has its own constitution.

Exercise 6: Read the following international words properly, translate them:

political, practical, standards, basic, to form, to interpret, historian, conservative, privileged class, position, preamble, pressure, satisfaction, guarantee, limit, individual, elementary, control, oligarchy, to regulate, petition.

Exercise 7: Read and translate the words. Use a dictionary if necessary:

language, regulations, custom, though, essentially, advan­tage, advantageous, wide-spread, significantly, bourgeois, to enumerate, to violate, enterprise, wealthy, at the ex­pense of, unemployment, poverty, income, to profit.

Exercise 8: Read and translate the adverbs; give the corre­sponding adjectives they are formed of:

practically, regularly, essentially, collectively, properly, widely, significantly, relatively, personally, carefully.

Exercise 9: Read, translate the word units, learn them by heart:

in American political language; the set of rules, laws, regulations and customs; Supreme Court decisions; to be aimed at preserv­ing the advantageous position; to regard as an essentially con­servative document; wide-spread dissatisfaction; guarantees of basic freedoms and individual rights; to consolidate the gains of the Revolution; to be advantageous for the capitalist class; the elementary bourgeois-democratic freedoms; to violate the rights; freedom of enterprise; to expand personal freedoms; on the contrary; in practice; freedom of the wealthy; at the expense of the working people; to face unemployment and poverty; to need a guaranteed income; a guaranteed health care.

Text 2: US CONSTITUTION

The form of the US government is based on the Constitu­tion of 1787, adopted after the War of Independence. A "constitution" in American political language means the set of rules, laws, regulations and customs which together provide the political norms or standards regulating the work of the govern­ment. The document known as the Constitution of the United States, though a basic document, is only a part of the body of rules and customs which form the whole of the American Constitution. Supreme Court decisions, interpreting parts of the US Constitution, laws, regulations, customs are part of the basic law (the so-called live constitution).Most historians regard the US Constitution as an essentially conservative document.

The US Constitution consists of the Preamble, seven arti­cles and twenty seven amendments, the first ten of them called collectively the Bill of Rights and adopted under the popular pressure in 1791. When the Constitution was first proposed in 1787, there was widespread dissatisfaction it didn't contain guarantees of certain basic freedoms and individual rights. The Constitution consolidated those gains of the revolu­tion that were advantageous for the capitalist class. Significantly, nothing was said about the elementary bourgeois-democratic freedoms. In December, 1791, the Congress adopted ten amendments to the Constitution, known as the Bill of Rights. The Bill enumerated what the government controlled by the oli­garchy was not going to be allowed to do.It was, of course, an important democratic gain for the people at that time. But nowadays some of these ten amendments are relatively unim­portant.

The Bill of Rights is sometimes violated by the judicial and law enforcement practice.

Americans feel that of all the freedoms proclaimed in the Constitution only one freedom — freedom of enterprise is in fact guaranteed.

If there is no freedom to work, no guaranteed labour, you face unemployment and poverty. The main freedoms after all a man needs are a life of security, a guaranteed income and guar­anteed health care.

Notes:

1. «live constitution» — «живая конституция»

2. what the government controlled by the oligarchy was not going to be allowed to do. – ..что правительству, которое контролировалось олигархией, не разрешалось делать.

Exercise 10: Give the English equivalents for the following:

свод законов, правил, постановлений и обычаев; считать конституцию США, по существу, консервативным документом; документ, принятый в 1787 году и дополненный поправками; принять конституцию (закон); широко распространенное недовольство; элементарные буржуазно-демократические свободы; нарушать Билль о правах; свобода предпринимательства; сталкиваться с безработицей и бедностью; гарантированный заработок; гарантированная охрана здоровья.

Exercise 11: Read properly and translate the following names and terms:

Great Britain; the Prime Minister, number 10 Downing Street; the Houses of Parliament; Westminster, Parliamentary govern­ment; the United Kingdom; government departments; ministers of the Crown; local authorities; statutory boards; the House of Lords; the House of Commons.

Exercise 12: Read and translate the following words paying attention to the international root:

economic; constitutional; apparatus; social; to concentrate; section; to control; industry; finance; police; monarchy; absolute; to limit; the Prime Minister, policy; committee; mo­nopolists; parliamentary; politician; to direct; department; ad­ministration; operation; to nationalize; public services.

Exercise 13: Read the following word combinations; then learn them by heart:

to have a majority in the House of Commons; to take policy decisions; to make the changes in the size of Cabinet; to create new ministries; the power of the monopolists over the parlia­mentary government; by direct representation in Parliament; by direct influence over the Cabinet; by initiation, control and amendment of legislation; the bodies of the legislature; the bodies of the executive; the bodies of the judiciary; the Queen in Parliament; ministers of the Crown; to be responsible for, local authorities; government departments; statutory boards; particular nationalized industries; hereditary power.

Text 3: THE BODIES OF GOVERNMENT IN THE UNITED KINGDOM

Great Britain is a monarchy, but the Queen of Great Brit­ain is not absolute, but constitutional. Her powers are limited by Parliament. But the power is hereditary, and not elective.

The power of the monopolists over the Parliamentary gov­ernment in Britain is achieved in three main ways: 1) by direct representation in Parliament by businessmen and by politicians supporting businessmen; 2) by direct influence over the Cabinet, the supreme organ of the British Government which controls Parliament; and 3) by initiation, control and amendment of legislation in which they are interested.

("The British Political System" by J.Gollan)

The bodies of government in the United Kingdom are: those of the legislature, which consists of the Queen in Parlia­ment and is the supreme authority of the country; those of the executive and those of the judiciary.

The executive bodies consist of 1) the Cabinet and other ministers of the Crown who are responsible for directing na­tional policy; 2) government departments, who are responsible for administration at the national level; 3) local authorities who administer and control many services at the local level; and 4) statutory boards, who are responsible for the operation of par­ticular nationalized industries or public services. The highest judicial body in the English judicial system is the House of Lords.

The Prime Minister is usually the leader of the party that has a majority in the House of Commons. The Prime Minister usually takes policy decisions with the agreement of his Cabinet (a committee of leading Ministers). Each new Prime Minister may make changes in the size of his Cabinet and may create new ministries or make other changes. The Prime Minister holds Cabinet meetings at his (her) house at number 10 Down­ing Street, which is very near the Houses of Parliament in Westminster.

(«Everyday English for Foreign Students» by S.Potter, «The Encyclopedia Britanica»)

Text 4: Read and translate the following text:

"OUTLINES OF CONSTITUTIONAL LAW"

(after Chalmers and Asquith's)

To understand English constitutional law it is necessary to study numerous documents, including constitutional treaties like the Bill of Rights, various statutes and judicial decisions and others. But the whole of the Constitution of Britain will not be found in any of these documents. The English constitution, though partly written, is yet to be regarded as «unwritten» from the standpoint of constitutional lawyers, as it is not codified as a whole in any particular document or documents. The English Constitution is considered to be flexible because Parliament can «make or unmake» any law by the same procedure and with the same ease.

The Constitution is not the source of the law, but the law gives birth to the Constitution.

Though the King (Queen) is the nominal Sovereign, any particular Parliament during the period of its existence is legally supreme.

In England the rights of the subject are mostly deduced from actual decisions in which remedies have been afforded for their invasion. Thus it is sometimes said that under the English Constitution the remedy precedes the right.

In administering justice the Judges enjoy little arbitrary power. The law which they administer is defined by statutes and other documents having statutory validity, and by judicial precedents.

Theory and practice concerning English constitutional law are divergent, as it is seen from the following illustrations:

1. In theory the Sovereign is to be an active party to the making of laws, but in practice he has a shadowy veto.

2. In theory every Lord of Parliament is a Judge of the House of Lords, entitled to take part in appeals from the lower Courts; in practice he always absents himself unless qualified by statute to sit there as one of the quorum.

3. In theory certain persons (e.g. Lord Mayor) are invested with judicial powers at trials in the Central Criminal Court, but in practice they don't take part in judicial work there.

4. In theory certain public departments are supposed to be controlled by boards consisting of various high officials (e.g. the Board of Trade), but the real head is a single Minister of the Crown (e.g. the President of the Board of Trade).

5. Finally, Legislature and Executive are joined together by a connecting chain — the Cabinet.

Certain important Conventions control the entire working of the Constitution. These Conventions relate to the duties of the King as a person, the duties of the Ministers of the Crown and so on. Differences between the English and American Constitutions:

1. In America the President is in practice more of a ruler than the English King but his legal powers are more restricted.

2. The President can veto legislation, and the English King has legally an absolute but in practice a very shadowy power of veto which has not been exercised since long times.

3. The English Constitution is flexible, the American — rigid, i.e. in England all laws can be altered with ease, and in America complicated machinery is necessary for the alteration of the Constitution.

4. The American Constitution is written; the English Constitution is unwritten.

5. The English Crown is inherited; the American President is elected for a term.

6. The American President is not dependent on the vote of the Congress; in England the Cabinet is dependent on the vote of the House of Commons. In America, therefore, the Execu­tive is not responsible to the Legislature.

England is the only country possessing hereditary legisla­tors.

Notes:

1. can «make or unmake» any law — может составить или аннулировать любой закон

2. having statutory validity — имеющие силу закона

3. he always absents himself unless qualified by statute to sit there as one of the quorum — он всегда уклоняется, кроме тех случаев, когда закон уполномочивает его заседать для обеспечения кворума

Exercise 14: Read and translate the following sentences paying attention to modal verbs and their equivalents:

1. In order to understand English Constitutional law you should study numerous documents, various statutes, ju­dicial decisions and others.

2. You needn't look for the Constitution of Great Britain in one document; it is not codified as a whole in any particular document.

3. The English Constitution is flexible because Parliament can "make or unmake" any law by the same procedure and with the same ease.

4. Sometimes it may be said that under the English Con­stitution the remedy precedes the right.

5. To administer justice the Judges have to enjoy little arbitrary power because the law which they administer is defined by statutes and by judicial precedents.

6. Theory and practice are divergent and it can be seen from a number of illustrations.

7. The judges ought to act according to the law.

8. In theory certain public departments are to be con­trolled by boards (e.g., the Board of Trade), but the real head is a single Minister of the Crown (e.g., the Presi­dent of the Board of Trade).

Вспомните, что инфинитив в форме страдательного залога в функции определения переводится на русский язык определительным придаточным предложением, где сказуемое выражает или модальность (должен, нужно, может) или действие, относящееся к будущему.

E.g.: The subject to be discussedat our lesson today is devoted to the English Constitution. (Тема, которая будет обсуждаться сегодня на нашем занятии, посвящена английской конституции).

The Constitution of Great Britain to be regardedas «unwritten» will not be found as a whole in any particular document. (Английскую конституцию, которую следует считать «неписаной», не найдете ни в каком конкретном документе).

Exercise 15: Read and translate the sentences with Infinitive Passive:

1. The English Queen to be regarded as the supreme authority has in practice a very shadowy power of veto.

2. The British Constitution to be studied in numerous documents is not codified in any particular document.

3. Justice in this country to be administered by judges equally greatly depends on the amount of money a person has.

4. Ministers of the British Cabinet to be appointed for­mally by the Queen, but in practice by the Prime Minister, are responsible for every part of the govern­ment's administration.

5. The facts about the crime to be obtained by the investi­gator can be given by the witnesses.

6. The evidence to be preserved for court may be found in the crime scene.

7. The person to be interviewed must be prepared to give information.

8. One remarkable feature of the English legal system to be taken into consideration is that an important part of the law has never been debated by any Parliament.

9. The plans to be fulfilled by the end of the year are ma­jestic.

Exercise 16: Do your written translation with the help of a dic­tionary: