Pre-listening activities

I. Before you listen to the tape, make sure that you know the following:

to spread = to broaden

to derive = to originate from

divergence = difference

widespread = expanded widely

to codify = to classify

II. Make sure that you now the pronunciation of the following words:

Sri Lanka ['srJ'lxNkq] Hindu ['hIn'dH] Louisiana [lu(:)'JzIxnq]	California ["kxlI'fOnjq] Dutch [dAC] Roman ['rqumqn]

III. Suggest the derivatives to the following verbs used in the text:

to define, to exist, to grow, to exaggerate, to consult, to introduce

Listening activities

I. Listen to the tape and say which of the following statements are true/false:

1. Both California and Louisiana have continental systems of law.

2. India and Louisiana share some Legal traditions.

3. Most of the US and Sri Lanka have Common Law.

4. The spread of Common Law in the world is due to the immense influence of its former colony, the US.

5. Continental Law has been codified and adopted alongside a Hindu tradition of Law in India.

II. Listen to the tape once more, then read the text and fill in the gaps:

The spread of Common Law in the world is _______. Nevertheless _______ legal divergence from England. The state of Louisiana has _________, which derives from its days as _______. In India English Common Law has been codified and adopted alongside _________. Sri Lanka has inherited a criminal code from ___________ introduced by _________, and an uncodified civil Law introduced by __________ .

California has a case Law tradition, but its laws are codified as extensively as many Continental systems.

III. Put questions to the given answers.

1. Unified federal Law is only a small part of American Law.

2. Sri Lanka has inherited a criminal code from the Russian Law.

3. The spread of the Common Law in the world is due to the influence of Britain in the world.

4. In the US political divergence has produced its legal divergence from England.

5. In India English Common Law has been codified and adopted alongside a Hindu tradition.

Dialogue Radio Phone-in

Pre-listening activities

I. Before you listen to the tape learn the following:

radio phone-in	радиопередача “Ответы специалистов на вопросы радиослушателей по телефону”
a resident solicitor	зд. юрисконсультант
to give smb the benefit of one's advice	поделиться с кем-либо профессиональным опытом
caller	тот, кто звонит
to keep phoning up	продолжать звонить
the whole issue	предмет обсуждения
to seek legal redress	добиваться юридического возмещения
to distinct	различать

II. Discuss the given below statements. While discussing them use the following expressions:

a) making your point:

in my opinion / view ........

I think / feel / believe that ........

If you ask me ..../ as far as I'm concerned ...

b) introducing your ideas /when you disagree

I see your point but .....

I understand what you're saying but .....

You have a good point there, but .....

I respect your opinion but .....

1. Japanese Law has been influenced by both Common and Continental Law.

2. There's no great distinction between the system of Common and Continental Law.

3. In China Law courts historically are regarded as political instruments to deal with its political opponents.

4. The most important thing concerning the spread and influence of Common and Continental Law throughout the world is not to exaggerate the differences between these two legal systems of Law.

5. Latin America and many countries in Asia and Africa were historically influenced by the USA.

Listening activities

I. Listen to the recording and then fill in the table for each subject

countries	Common Law	Continental Law
USA
Great Britain
Japan
China
France
Canada

II. Complete the microdialogue using what you remember from the recording.

Announcer: Good morning. This is Alan King on Radio Sussex with our usual Wednesday morning phone-in. This morning the topic is _________. In the studio is ___________. He is on the line to answer your questions and here's the first caller. Can you hear me?

Mr Jack: Yes, yes, I can. Could you possibly assist me with __________. In what way do these two main traditions of Law differ from each other?

Mr Andrews: Well, the question concerns ___________.

Mr Jack: Ah, yes, excuse for butting in, but what's the particular distinction between the two legal systems?

Mr Andrews: It's interesting to know that Common Law differs from Continental Law in ___________. But I have to say the whole issue is so complex that we haven't got enough time in this phone call to cover everything, I'm afraid.

Mr Jack: Oh, well, thanks very much for your information.

After listening

Writing task

Compare legal systems in the USA and Great Britain: what they have in common, and in what way they differ

Revision Translation

Закон
Закон - нормативный акт, принятый высшим представительным органом государственной власти либо непосредственно волеизъявлением населения (референдумом). Закон регулирует наиболее важные общественные отношения. Закон как самостоятельный источник права сложился еще в древности и пришел на смену правовому обычаю. Он обладает наибольшей юридической силой по отношению к нормативным актам всех иных органов государства. В то же время Закон может отменить любой иной нормативный акт. Наибольшая юридическая сила Закона означает, что акты всех государственных органов должны ему соответствовать, издаваться на основании и во исполнение его предписаний, то есть быть подзаконными. Любой правовой акт, противоречащий Закону, должен признаваться недействительным. Закон имеет особый порядок принятия _ специальная процедура: законодательная инициатива, обсуждение законопроекта, принятие и его опубликование. Законы подразделяются на конституционные и обыкновенные. Обыкновенные законы считаются принятыми, если за них подано более 1/2 голосов депутатов. Эти законы, в свою очередь, делятся на кодификационные и текущие. К числу кодификационных относятся основы законодательства государств, кодексы. Текущие законы регламентируют различные конкретные вопросы политической, хозяйственной и социально-культурной жизни общества.	normative directly referendum replaced annul by-laws execution, order inconsistent (with) void legislative ordinary codified, current fundamentals regulate

GRAMMAR SECTION

Grammar to be revised: The Passive Voice

Ex. 1. Translate the sentences used in the Passive Voice. Ask and answer different types of questions working in pairs.

1. The Law is defined as a set of rules which form the pattern of behaviour of a given society.

2. The Law is based upon the recorded experiences of society and the community in their efforts to define and regulate the relationships between their members.

3. In ancient times laws were derived from old customs and in some cases were codified by the order of a strong ruler, and then they became known under the ruler's name, like Hammurabi's Code of Laws or Justinian's Digest.

4. Though in many cases the names of ancient lawgivers are unknown, their teachings have been known to millions of people.

5. It seems that the Ten Commandments from the Bible are known to all people, both religious and non-religious.

6. Besides strictly religious commandments, there are those that are willingly accepted by most people: to show honour and devotion to our parents, not to murder, not to be unfaithful to our spouses, not to steal, not to make false statements against our neighbours, not to desire greedily anything that belongs to our neighbours.

7. The Koran is considered the most revered book among Muslims. The Koran is the basis of Islamic law, the Sharia.

8. The judicial part of the Sharia was codified for the first time in the Mejelly (the Ottoman Civil Code) in the Ottoman Empire in 1869.

9. Another ancient law the initiator of which is unknown is the law of the talion: an eye for an eye, a tooth for a tooth.

10. In Anglo-Saxon Law the death penalty has been considered a customary response to certain kinds of offence.

11. Nowadays legislators are member of legislature who are empowered to make, change or repeal the laws of the country or state and levy taxes.

12. Legislature as the legislative branch is distinguished from the executive and judicial branches of the government.

13. Civil law system is based on Roman law and the French Napoleonic Code, the German and Swiss Codes.

14. In civil law countries legislation is seen as the primary source of law.

Ex. 2. Express the same idea using the Passive Voice.

Model: The society has established the criminal law to maintain peace and order. (The criminal law …)

The criminal law has been established to maintain peace and order.

1. A governing power establishes laws to maintain peace, secure justice for its members, define the legal rights of the individual and community, and to punish offenders for legal wrongs.

2. The civil law is the portion of the law which defines and determines the rights of the individual in protecting his person and his property.

3. The criminal law protects society and the community from the injurious and harmful acts of individuals.

4. People use the word 'law' to mean many things.

5. Generally we use the word 'law' to indicate all law and we also use it to mean a single enactment of a lawmaking body, a statute.

6. The criminal law assures a person charged with a crime of a fair and speedy trial.

7. The case law arises out of disputes, and you can find it in the decisions of courts.

8. Parliament makes laws, and they constitute parliamentary or statutory law.

9. In all societies prescriptive laws regulate relations between people.

10. Members of every community have made laws for themselves in self-protection.

11. The Law embraces all the spheres of production, distribution and exchange.

12. The Law lays down the measures for combating encroachment on the state system and the existing order of social relations.

13. In civil law countries courts base their judgements on the provisions of codes and statutes.

14. Civil laws regulate many everyday situations such as marriage, divorce, contracts, insurance, consumer protection and negligence.

15. We often refer to the law.

Ex. 3. Give answers to the following questions using the Passive Voice.

1. What were laws derived from in ancient times?

2. Are there any commandments in the Bible that are willingly accepted by most people? Why is it so?

3. Are all legislators' names remembered in history? In what cases are they remembered?

4. What principle is the law of the talion based on?

5. How are most legal systems classified?

6. What has the Common Law of England been developed from?

7. Why is the English system called the Common Law system? Is it applied throughout the country?

8. What law is used by the countries which were colonized at some time by Britain?

9. What is Civil Law system based on?

10. What are the judgments of courts in civil law countries based on?

11. Who are common law judges selected from?

12. What is the Muslim legal system based on? Do you know in what countries it is used?

Ex. 4. Choose the right verb from the box below and put it in the gap in the correct form.

to draw up	to rediscover	to pass	to govern
to carve	to exhibit	to devise	to adopt
to set up	to lay down	to revise	to settle
to read	to cover	to make	to say
to lose	to observe	to conquer	to write

1. One of the most detailed ancient legal codes _____ in about 1758 B.C. by Hammurabi, a king of Babylonia.

2. The entire code, consisting of 282 paragraphs, _____ into a great stone pillar which _____ in the temple of the Babylonian god Marduk so that it could _____ by every citizen.

3. The pillar _____ for centuries after the fall of Babylon in the 16^th century B.C., and only in 1901 it _____ by a French archaeologist amid the ruins of the Persian city of Susa.

4. The pillar _____ now in the Louvre museum in Paris.

5. The laws which _____ by Hammurabi were more extensive than any that had gone before.

6. Hammurabi's laws _____ crime, divorce and marriage, inheritance and property contracts, regulations about taxes and price of goods, the rights of slave owners and slaves, etc.

7. The cruel principle of revenge: an eye for an eye and a tooth for a tooth _____ in the code.

8. The ancient Greeks believed that laws _____ by the people for the people.

9. In the 7^th century B.C. Greece's first written code of law _____ by Draco.

10. Draco's laws were shockingly severe, so severe that people _____ they _____ not in ink but in blood.

11. Several decades _____ before Solon, a poet, a military hero and Athens' lawgiver ____ a new code of law.

12. Solon _____ every statute of Draco's code except that of homicide and ____ Athenian law altogether more humane.

13. Before England ____ by the Normans, different areas ____ by different systems of law, which _____ often from those of the various invaders who _____ there.

Ex. 5. Use the Passive Voice tenses in the following sentences.

1. The laws which (to make) in Parliament (to interpret) and (to apply) by courts, but changes in the law itself (to make) in Parliament.

2. Appeals (to hear) by higher courts. Appeals from magistrates' courts (to hear) in the Crown Court.

3. The English legal system (to condition) by two basic concerns.

4. The law should (to administer) by the state so that it could (to apply) evenly over the whole country in order to satisfy its two main functions of control and service.

5. The principle of judicial independence (not to achieve) until 1701, when the Act of Settlement made judges irremovable from office, except by an appeal to the monarch from both Houses of Parliament.

6. Common law originally (to base) on medieval customs and conventions that (to establish) by the Norman kings.

7. Almost all criminal law now (to set out) in Acts of Parliament while the greater part of civil law still depends on common law and guidance of previous decisions.

8. Statutes which (to create) by Acts of Parliament are the ultimate source of law.

9. Parts of common law (to abolish) by Parliament and (to replace) by statute law.

10. Certain changes to the United Kingdom law (to make) to bring it in line with rulings of the Council of European Court of Human Rights.

11. The Napoleon's Code (to establish) in 1804 by the Emperor of France Napoleon Bonaparte.

12. The law systems of many countries (to base) on the Napoleon's Code.

13. The Code clearly (to write) and (to understand) by ordinary people.

14. Laws (to divide) into two major groups: criminal and civil.

Ex. 6. Use the verbs either in the Active or Passive Voice.

1. With few exceptions, judges never (to like) to see themselves as creators of laws regarding that as the province of Parliament.

2. However, over the centuries judges (to be) responsible for making a great deal of law, and senior judges still (to do) so. If not, how could the common law (to develop)?

3. The present British legal system (to form) the basis of the Judiciary - the third branch of government - and (to comprise) three separate systems - that for England and Wales, that for Scotland and that for Northern Ireland.

4. The law as a whole (to consist) partly of statutes, or Acts of Parliament, and partly of common law.

5. Modern statutes usually (to bring) into effect by an order made by a minister of the Crown.

6. By-laws are a form of local legislation and (to design) to regulate the conduct of members of public.

7. The County Courts (to establish) for hearing both criminal and civil cases.

8. Common Law (to be) fundamentally judge-made law which (to develop) over many centuries.

9. By 1250 a common law (to promote) that (to rule) the whole country.

10. The Queen (to sign) the bill and it (to become) an Act of Parliament after it (to pass) in the House of Commons and (to adopt) in the House of Lords.

11. The spheres of criminal and civil law (to deal) with many concepts and ideas that not always easily (to understand) by ordinary people.

12. The unwritten Law of England (to make) by judges and (to base) on cases of precedent. It (to express) the sound instincts of the people, the common sense in human activity and social life.

13. European Community law (to become) the latest element in English law because of Britain's membership in the EU since 1973.

14. The doctrine of precedent (to be) strong in England and (to mean) that the judges of lower courts (to bind) to the decisions of higher courts and they (to be obliged) to follow it.

15. The title “attorney” (to abolish) for practicing advocates in Britain in 1873, but it still (to use) in the title of Attorney General, who (to be) the senior law officer of the Crown.

16. Who (to investigate) this robbery? - It (to investigate) by a group of senior investigators. The case (to hear) before a jury. I think the work (to complete) by the end of the week.

17. To avoid injustice through human error, the law (to establish) a procedure of appeal to a higher court with the opportunity for reconsideration.

18. Our constitution (to make up) of the laws that (to guard) our basic freedoms.

19. Though not all laws are fair or even good every society that ever (to exist) (to recognize) the need for laws.

20. The legal system of any country (to influence) by society's traditional ideas of right and wrong.

Ex. 7. Translate into English.

1. При составлении законов должно соблюдаться равновесие между правами и обязанностями граждан, необходимостью порядка и соблюдением основных свобод.

2. В законах отражаются различные ценности общества.

3. Законы основываются на моральных, экономических, политических и социальных ценностях общества.

4. Бесплатное образование и медицинское обслуживание гарантированы законами многих стран.

5. Не все аморальные действия считаются незаконными.

6. С течением времени меняются социальные ценности, вслед за этим также изменяются законы.

7. Задолго до того, как европейцы поселились на Американском континенте, во многих племенах порядок поддерживался системой традиционных неписаных законов.

8. Взаимоотношения между отдельными людьми и группами людей регулируются гражданским правом.

9. Британскую Конституцию часто называют неписаной, так как она никогда не была записана в одном документе.

10. Термин “неписаный закон” употребляется для обозначения закона, который не принимался парламентом; “писаный закон” означает закон, который был принят парламентом.

11. Закон об уголовном праве 1967 г. считается одним из важнейших законов Великобритании. В этом законе дана новая классификация уголовных преступлений и отменено традиционное деление их на фелонии и мисдиминоры.

12. - Какой вопрос обсуждается сейчас в законодательном комитете?

- Новые законы, связанные с использованием атомной энергии, обсуждаются сейчас комитетом.

13. За последнее десятилетие большое внимание уделялось развитию законодательства об охране окружающей среды.

ADDITIONAL READING

Text 1 What is a Legal System?

In modern American society, the legal system is everywhere with us and around us. To be sure, most of us do not have much contact with courts and lawyers except in emergencies. But not a day goes by, and hardly a waking hour, without contact with law in its broader sense or with people whose behaviour is modified or influenced by law. Law is a vast, though sometimes invisible, presence.

This is not to say that we feel law lying on us like a suit of lead. Law is in the atmosphere, invisible and unfelt.

Law and legal process are extremely important in our society; but defining exactly what we mean by law and legal process can be difficult. “Law” is an everyday word, part of the basic vocabulary. But it is a word of many meanings.

To try to get at some sort of working definition, we might start by listening to the way people use words like “law” and see what they are referring to. To begin with, people seem to have in mind the network of rules and regulations that surround us. This is clear from such expressions as “breaking the law” and “obeying the law.” It is also what the word “law” means in sentences like “It's against the law to drive ninety miles an hour in a school zone.” There may be, and certainly are, other shades of meaning, but the idea of rules and regulations is usually at the core. In ordinary speech, then, the word “law” is connected with “laws,” that is, with rules and regulations.

There exists a concise deceptively simple definition of law. “Law is governmental social control”. By “social control” social rules and processes are meant which try to encourage good or useful conduct or discourage bad conduct. There is a law against burglary, and police, judges, and criminal courts try to put teeth into it. All together, they form a pretty obvious example of social control (or at least attempted social control). The whole criminal justice system plainly aims in this direction. For the person in the street, it is perhaps the most familiar, obvious part of the legal system.

But law is more than criminal justice. The rest of the law (what lawyers call civil justice) is actually larger in size, however you measure it, and almost certainly more important. To make the above-mentioned definition work, we have to understand “social control” in a broader sense. It must mean the whole network of rules and processes which attach legal consequences to particular bits of behaviour.

The word “law” often refers only to rules and regulations; but a line can be drawn between the rules and regulations themselves and those structures, institutions, and processes that breathe life into them. This expanded domain is the “legal system.”

It is plain that the legal system has more in it than codes of rules, do's and don'ts, regulations and orders. It takes a lot more than that to make a legal system. There are, to begin with, rules about rules. There are rules of procedure, and rules that tell us how to tell a rule from a nonrule. To be more concrete, these are rules about jurisdiction, pleadings, judges, courts, voting in legislatures, and the like.

Text 2 Systems of Law

Every independent country has its own legal system. The systems vary according to each country's social traditions and form of government. But most systems can be classed as either (1) a common-law system or (2) a civil-law system. Australia, Ireland, New Zealand, Great Britain (except Scotland), the United States, and other English-speaking countries have a common-law system. Most other countries have a civil-law system. Many countries combine features of both systems.

Common-law systems are based largely on case law - that is, on court decisions. The common-law system began In England many hundreds of years ago. The English called their system the common law because it applied throughout the land.

English common law developed from the rules and principles that judges traditionally followed in deciding court cases. Judges based their decision on legal precedents that is, on earlier court rulings in similar cases. But judges could expand precedents to make them suit particular cases. They could also overrule (reject) any precedents that they considered to be an error or outdated. In this way, judges changed many laws over the years. The common law thus came to be law made by judges.

Case law is still important in common-law countries. However, the lawmaking role of legislatures in these countries has increased greatly during the 1900's. The changes have dealt with such matters as employee management relations, workers' wages and hours, and environmental protection. Nevertheless, common-law countries have kept the basic feature of the English legal system, which is the power of judges to make laws. In addition, constitutional law in these countries, continues the common-law tradition of defending the people's rights and liberties.

Civil-law systems are based mainly on statutes (legislative acts). The majority of civil-law countries have assembled their statutes into one or more carefully organized collections called codes. Most modern law codes can be traced back to the famous code commissioned by the Roman emperor Justinian I in the A.D. 500's. Justinian's code updated and summarized the whole of Roman law. It was called the Corpus Juris Civilis, meaning Body of Civil Law. For this reason, legal systems that are based on the Roman system of statute and code law are known as civil-law systems. This use of the term civil law should not be confused with its use as an alternative term for criminal law.

In civil law countries, such as France, Germany, and Mexico, the statutes, not the courts, provide the final answer to any question of law. Judges may refer to precedents in making their decisions. But they must base every decision on a particular statute and not on precedent alone.

Other systems. Many countries have patterned their legal system after both civil law and common law. For example, Japan and most Latin-American nations have assembled all their private law into a code. But public law in these countries has been greatly influenced by common-law principles, especially those that guarantee the rights and liberties of the people.

Text 3 How Laws are Changed

Social conditions are continually changing, and so the law must also change or it will become outdated. Every nation changes its laws in the manner that its political system prescribes. In a dictatorship, only the top government leaders are able to change the law. Democracies, however, have developed four main methods of changing the law: (1) by court decision, (2) by legislation, (3) by administrative action, and (4) by direct action of the people.

By court decision. Judges in common-law countries change laws by expanding or overruling precedents. However, a precedent can normally be overruled only by a higher court. If a government does not like the way a court has interpreted the law it must change the law by legislation.

By legislation. Legislature may change laws as well as make them. A legislature can change a statute by amending it; by repealing (cancelling) it; or by passing a new law on the same subject. In most countries with a written constitution, some form of legislative action is required to amend the constitution.

By administrative action. Government departments may be authorized to make, amend, repeal, or replace regulations. This is known as delegated legislation. They may also be authorized to interpret an old regulation to meet changing conditions.

By direct action of the people. Some national and many local governments give the people direct power to change the law by referendum and by initiative. In a referendum, a law or a proposed law is submitted to the voters for their approval or rejection. In an initiative, a group of citizens proposes a law, which is then approved or rejected by the legislature or by referendum. Many countries have repealed their constitution one or more times and replaced it with a new one. In most such cases the new constitution cannot take effect until it has been approved by referendum.

UNIT III

British Constitutional Law

READING MATERIAL

Text A British Constitution

Task: read and translate the following text.

A constitution is the political and ideological structure within which a system of law operates. Most countries have a formal written constitution describing how laws are to be made and enforced. A constitution is more than a mechanical set of ground rules. It is a mirror reflecting the national soul. It reflects those values the country regards as important, and shows how these values will be protected.

The British constitution has evolved over many centuries. Unlike the constitutions of most other countries, it is not contained in any single document: there is no written constitution. Instead, it is made up of statute law, common law and conventions. The constitution can be altered by an Act of Parliament or by general agreement to alter a convention. It is thus adaptable to changing political conditions. One of the reasons for having special constitutional laws is to prevent governments from becoming too powerful.

Most modern constitutions have adopted the principle of separation of powers, developed in the eighteenth century by the French philosopher Montesquieu. In Britain Parliament is vested with legislative powers and is the supreme authority. Parliament makes laws. Executive branch is represented by the government, which executes laws, i.e. puts them into effect. Law courts constitute the judicial branch, they interpret and apply laws.

Parliament. The British Parliament, like parliaments in other countries, is often referred to as `the Legislature' - the body which makes laws. Its essential function could probably be best described as `to discuss what the Government has done, is doing and intends to do, and on occasion to try to show up the Government's errors and even try to persuade the Government to change or modify its policies'. Nevertheless, new laws can only come into force when they have passed through Parliament.

The three elements which make up British Parliament are the Queen, the House of Lords and the elected House of Commons. The agreement of all three is normally required for legislation.

To become an Act of Parliament a bill must be passed in the House of Commons, adopted in the House of Lords and finally signed by the Queen. Any member of the House of Commons may introduce a bill (a draft law). In the House a bill must pass three readings. There is no debate at the first reading. This is followed by a thorough debate on general principles at the second reading. A bill is then given detailed consideration, clause by clause, by a Commons committee and amended, if necessary, before a third and final reading. If a bill is passed by the Commons it goes to the Lords.

The House of Lords has similar procedures. Today the Lords cannot reject bills passed by the Commons but can only delay the passage of a bill. Until the early years of the 20^th century, however, the House of Lords had the power to prevent legislation, as bills had to be passed by both Houses of Parliament (since 1949 four acts have been passed into law without the consent of the House of Lords: The War Crimes Act 1991; the European Parliamentary Elections Act 1999; the Sexual Offences (Amendment) Act 2000; the Hunting Act 2004).

If the Lords agree to a bill it will be placed before the Queen for signature. When the Queen signs it, it becomes an Act of Parliament.

Government. The party which has majority in the House of Commons forms the government and may hold office for five years. The leader of the majority party becomes the Prime Minister. Her Majesty's Government is responsible for the administration of national affairs. Government consists of about seventy politicians. The composition of government may vary both in the number of ministers and in the titles. New ministerial offices may be created, others may be abolished and functions may be transferred from one minister to another. There are departmental (in charge of government departments) and non-departmental ministers, holders of various traditional offices, the latter performing any duties the Prime Minister may wish to give them. Departmental ministers are usually in the Cabinet. The Cabinet is composed of about twenty ministers chosen by the Prime Minister, although the number can vary. The functions of the Cabinet are initiating and deciding on policy, the supreme control of government and the coordination of government departments. The Cabinet can always have the last word. No change of policy of any importance would be considered without the Cabinet sanction. The Cabinet meets in private and its proceedings are confidential. The Cabinet is also the Court of Appeal.

The Judiciary. The judiciary is independent of the executive; its judgements are not subject to ministerial direction or control. The Prime Minister recommends the highest judicial appointments to the Crown. The Lord Chancellor is head of the judiciary except in Scotland (although Britain is a unitary state, England and Wales, Scotland and Northern Ireland all have their own legal systems). Lord Chancellor's responsibilities include administration of all courts, judicial appointments and appointment of magistrates.

Word Study

Ex. 1. a) Read the international words and guess their meaning. Mind the stress.

statute detail sanction	mechanical convention philosopher debate committee procedure	ideological constitution politician department confidential

Pronounce correctly the following proper names:

Act of Parliament [xkt Ov 'pRlqmqnt]	Queen [kwJn]
France French [frRns frenC]	Sovereign ['sOvrIn]
Britain British ['brItn 'brItIS]	Prime Minister [praIm mInIstq]
Montesque M['monteskieu]	Majesty ['mxGIstI]
House of Lords ['haus qv 'lLdz]	The Court of Appeal [kLt qv qpJl]
House of Commons [haus qv 'kOmqnz]	The Lord Chancellor [lLd 'CRnsqlq]

Ex. 2. Complete the list of derivatives. Use a dictionary if necessary.

verb noun(agent) noun(concept)

1. to operate operator operation

2. to pass

3. to introduce

4. to execute

5. to constitute

6. to debate

7. to enforce

8. to protect

9. to adopt

10. to elect

11. to function

12. to compose

13. to administer

Ex. 3. Pair the words in column B with the ones from column A

B A

political ministerial single general changing special powerful supreme administrative similar department government detailed judicial	ministers departments constitution direction appointments government affair document procedure structure condition authority law agreement

Ex. 4. Decide which of the verbs you would use with the noun phrases you have identified in ex. 3

1. to appoint; 2. to control; 3. to give; 4. to subject to; 5. to recommend; 6. to contain; 7. to have; 8. to operate; 9. to alter; 10. to vest; 11. to pass; 12. to create; 13. to adapt; 14. to form; 15. to be responsible for.

Ex. 5. Add nouns to the following adjectives to form noun phrases.

political; 2. formal; 3. national; 4. general; 5. constitutional; 6. judicial; 7. initiating; 8. considerable, 9. ministerial, 10. ideological, 11. special; 12. powerful, 13. responsible; 14. traditional.

Ex. 6. In the sentences below, fill each blank space with a suitable word from the word family given in CAPITALS on the right.

1. Most countries have a formal _______ Constitutions describing how laws are made and enforced. (WRITE)

2. The English constitution has no _______ apart from the ordinary law. (EXIST)

3. The Magna Carta, the Petition of Rights, the Habeas Corpus Act, the Bill of Rights and the Act of Settlement are the leading _______. (ENACT)

4. Constitutions, written or unwritten, must be _______ according to whether they are “rigid” or “flexible”. (DISTINGUISH)

5. Nearly all British citizens over the age of 18 are members of the ______ (ELECT).

6. In the British constitution the Queen in Parliament is the legislative _______ (SOVEREIGN)

7. Many British _____ are in favour of changing the _____ (VOTE; ELECT).

8. For the purpose of tax, a person is a ______ in the UK if s/he stays there for more than six months of the year.(RESIDE)

9. Parliament _____ the ____ of the special Commission. (APPROVE; RECOMMEND)

10. Direct ______ to the European Parliament are held every five years. (ELECT)

Ex. 7. Match Russian and English equivalents.

отклонить законопроект	a set of ground rules
подписать законопроект	to reflect the national soul
передавать функции	to alter the convention
выполнить обязанности	to vest with the legislative power
вводить политику	to put into effect
вводить законопроект	to interpret laws
исполнять законы	to apply laws
устанавливать судебную власть	a draft law
изменять договор	to give detailed consideration
приводить в действие	to delay the law
проект закона	coordination of government departments
откладывать закон	to have private and confidential proceedings
проводить частное и секретное судопроизводство	to reject a bill
набор основных правил	to sign a bill
облекать законодательной властью	to transfer the functions
толковать закон	to perform the duties
делать (давать) детальное обсуждение	to initiate the policy
координирование правительственных ведомств	to introduce a draft law
отражать национальный дух	to execute laws
применять закон	to constitute the judicial power

Ex. 8. Complete the following sentences by adding the phrases given in part B.

Part A	Part B
A constitution is ... British constitution is made up of ... Most modern constitutions have adopted ... The executive branch puts ... Law courts constitute ... The first reading of a bill is followed by ... If the Lords agree to a bill ... The composition of government may vary both ... The Cabinet can always have ... The job of Lord Chancellor is ...	... the judicial branch. ... in the number of ministers and in titles. ... administration of all courts, judicial appointments and appointment of magistrates. ... more than a mechanical set of ground rules. ... the laws into effect. ... it will be passed before the Queen for signature. ... the last word. ... statute law, common law and conventions. ... a debate in general principle. ... the principle of separation of powers.

Ex. 9. Complete the following texts with the words and phrases from the box:

a)	liberty; customary; provision; advisory; adaptable; representative; amendment; flexibility

The British Constitution is the law of Great Britain which provides for the form and powers of government. It is rooted in historic traditions and principles of _________, which go back to the Magna Carta of 1215. Unlike most other constitutions, the English constitution is not a systematic written statement of law. It consists of a body of statutory law, customs, and judicial interpretations. In other words, the laws of the Constitution comprise three kinds of rules: statute rules, case law and custom (especially Parliamentary custom). It is often called a _________ or unwritten constitution.

As an example, English law makes no _______ for such an important feature of the British government as the Cabinet of Ministers which is now an essential part of the executive branch of the government. The Cabinet originated in the 15^th century as an ________ body to the king. It has developed in connection with the rise of _________ government to its present status in the executive branch.

Unlike constitutions that make clear provision for their_____________and are often difficult to change, the English constitution may be changed easily. It may be altered, and in the past it has been altered, through the slow addition to custom, by an act of Parliament, or by judicial interpretation.

Historians emphasize the__________ of the English constitution. Its early development may be traced back to the Norman Conquest almost 1000 years ago! Throughout this period it remained __________and served the needs of society.

b)	Parliament; failure in administration; ministerial responsibility; Departmental Ministers; Government's policy; House of Commons; collective responsibility

The doctrine of _______ _______ means that the Cabinet acts unanimously even when Cabinet ministers do not all agree on a subject. The policy of______ _______must be consistent with the policy of the Government as a whole. Once the_________ _______on a matter has been decided, each minister is expected to support it or resign.

The doctrine of ________ ________ means that ministers are answerable to ________ for all their departments' activities. They bear the consequences of any ______ ______ _______, any injustice to an individual or any aspect of policy which may be criticised in Parliament, whether personally responsible or not. Since most ministers are members of the ______ ________ _______, they must answer questions and defend themselves against criticism in person.

c)	national emergency; raising of money; nobility; institutions; realm; representative government; burgesses; Royal Council; gentry; parliamentary government, executive.

The institution of Parliament has major significance in all English-speaking countries. Many medieval states had comparable __________, but none with such a future. Parliament was in origin an extension of the ___________ (Curia Regis), in which the king consulted magnates from all over the ________. In 1265, during the Barons' War between Henry III and the _________, the baronial leader Simon de Montfort summoned a parliament that also included local _________ from each county (knights of the shire) and middle-class people of the leading towns (___________). Thus for the first time the whole country was represented - or, at least, all the active elements who ran it. Thereafter, these representatives were generally consulted in times of ________________- as during foreign wars or rebellions - that necessitated the ________________.

This gradually strengthened the lower Chamber in Parliament, the Commons (knights and burgesses), to whom it fell to raise the money. Financial power gave them some control over the __________ and eventually won them a share in it. In the end, many centuries later, the House of Commons came to provide the executive system called ___________. But the origin was, and the essence has always been, representation. Thus, from this medieval institution flowed the idea of ____________, which is a chief contribution of English-speaking peoples to political practice and thinking throughout the world.

Discussion

Ex. 1. Choose the correct alternative and complete each of the sentences below.

1. The Constitution is a mirror ____________ the national soul.

a) reflecting	b) having	c) vesting	d) debating

2. One of the reasons for having special constitutional laws is ____________ government from becoming too powerful.

a) to constitute	b) to prevent	c) to elect	d) to introduce

3. No change of policy of any importance would be considered without _____

a) Queen's sanction	b) Parliament sanction	c) the Lord Chancellor's sanction	d) the Cabinet sanction

4. The ___________ met urgently at 10 Downing Street to decide government policy on the new economic crises.

a) civil service	b) Privy Council	c) Cabinet	d) ministries

5. The exact effect of legislation is influenced by judicial ______________ .

a) interpretation	b) custom	c) sovereignty	d) codification

6. Parliament is a ____________ body.

a) legislation	b) legislature	c) legislative	d) legislate

7. __________ , codes and delegated legislation are all sources of written law.

a) Law reports	b) statutes	c) Rules of law	d) Court cases

8. The Minister presented the new Housing ____________ to the House of Commons for reading and debate.

a) Act	b) Code	c) Law	d) Bill

9. The government lost the confidence of the House of Commons, Parliament was dissolved and a/an ___ was called.

a) general Election	b) electoral roll	c) by-election	d) election campaign

10. In general, a Bill becomes an Act of Parliament when it has received the ________ of both Houses of Parliament and the sovereign.

a) consent	b) ratification	c) enactment	d) assent

Ex. 2. Mark the statements which are true.

1. The Constitution describes the life of the people.

2. The Constitution is contained in a lot of documents.

3. In Britain Parliament is the supreme authority.

4. Law courts interpret and apply laws.

5. To become an Act of Parliament a bill must be signed by the Queen.

6. In the House a bill must pass only one reading.

7. The Lords can reject any bill.

8. Government consists of about seventy politicians.

9. The Cabinet proceedings are private and confidential.

10. The Court judgements are not subject to ministerial direction or control.

Ex. 3. Study the following information and point out the major events in the history of the House of Commons. Make a timeline based on the text and discuss it in pairs.

Antagonism between Two Chambers

The House of Commons had its origins in the second half of the 13^th century, when landholders and other property owners in the counties and towns were first authorized to send to Parliament representatives empowered to commit their constituents to the payment of taxes and to present grievances and petitions to the king for his assent. In the 14^th century, the knights and burgesses chosen as representatives (i. e., the commons) began sitting in a separate chamber, or “house”, from that used by the nobles and high clergy (i. e., the lords).

The Lords was initially the more powerful of the two houses, but over the centuries its powers were whittled away. By the late 17^th century, the House of Commons - by refusing to proceed with a number of the House of Lords' bills that sought to impose taxes - established the right to be the sole body to initiate taxation measures.

The House of Lords retained its veto power over bills passed by the Commons, however, and in 1832, a Liberal government's only recourse was to threaten to flood the House of Lords with new Liberal peers in order to prevent the Lords from rejecting the government's Reform Bill! This same threat was used (by a Liberal government) in 1911 to compel the Lords to approve the Parliament Act, which enables a majority of the House of Commons to override the majority of the Lords in rejection of a bill. Under this act, the House of Lords lost all power whatsoever to delay financial legislation passed by the Commons for the raising and spending of revenue. The Lords also lost the power to delay other legislation for a period beyond two years; this period was reduced in 1949 to one year.

Ex. 4. Comment on the following charts:

How Bills Go through Parliament

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b) The System of Government

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Ex. 5. Render the following texts into English:

a) Конституция

Конституция - это основной закон государства, определяющий (defining) его общественное и государственное устройство, порядок и принципы образования представительных органов власти, избира-тельную систему, основные права и обязанности граждан. Конституция - основа всего законодательства. Конституция - это совокупность актов или конституционных обычаев, которые:

- провозглашают и гарантируют права и свободы человека и гражданина;

- определяют основы общественного строя, форму правления и территориального устройства, основы организации центральных и местных (local) органов власти.

Конституция является главным источником системы права в государстве.

Конституции различают:

- по форме: на кодифицированные, некодифицированные и конституции смешанного типа;

- по способу внесения изменений: на гибкие (flexible) и жесткие (rigid);

- по срокам действия: на постоянные и временные. Конституционное право - отрасль права; система правовых норм, закрепляющих и регулирующих группу общественных отношений, которые обуславливают:

- социально-экономическое, политическое и территориальное устройство государства;

- осуществление основных прав и свобод человека и гражданина;

- систему государственной власти;

- систему внутреннего самоуправления (self-governed).

b) Британская Конституция

В Великобритании не существует единого документа, который был бы официально провозглашен Основным Законом (Fundamental Law)...