G) foundations/principles

H) the contract

I) legislation

J) powers

K) power

L) continuity

M) theory

N) compromise

O) constitution

P) solution

Q) chaos

 

 

TASK III a) Match derivatives with their meanings legislation, legitimacy, legacy, legislature, legality

1. strict adherence to law, prescription, or doctrine; the quality of being legal

2. a gift by will, esp. of personal property and often of money; situation or attitudes left behind by a person or an event, and the influence they have on the future.

3. the legal status of a child born to parents who were married at the time of his conception or birth (or both); lawfulness.

4. the whole body of enacted laws.

5. the body having primary power to make written law.

b) Use the above words in the following sentences, translate the sentences:

1) Disease and famine are often … of war.

2) A lot of people question the … of the government’s decision.

3) The government will introduce … to improve the national health service.

4) The company had to prove the … of its business in that region.

5) The new treaty is to be ratified by the … of the two countries.

6) The literature on constitutional reform tends to be ‘present-descriptive’, describing how things are; or ‘future-prescriptive’, prescribing how they should be; few studies tend to be predictive. But policies should be made and … passed for the future.

7) When Charles I imposed the levy known as 'ship money' by prerogative power, he ordered his judges to provide him with their opinion as to its … .

8) As changes in … or policy for England trigger changes in grants for Scotland, Wales and Northern Ireland, those parts of the UK have an interest even in purely ‘English’ matters.

9) The inability to cope with the … of the past and the socialisation of young people into a world of ‘parallel lives’ engenders enduring raw sectarianism, manifested in occasional, low-level violence at sectarian flashpoints and Northern Ireland remains a deeply divided society.

10) Insisting on sticking to the letter of the … would lead to serious problems in policy-making – and also undermine UK … , by emphasising the lack of clarity about what devolution ‘means’ and the problems of enforcing the general public’s understanding of what it means.

11) This distinction between … and constitutionality was by no means uncontroversial. William Paley objected that 'the terms constitutional and unconstitutional, mean legal and illegal'.

12) An executive-dominated … like Westminster makes it difficult to establish a person or committee who can speak for ‘Parliament’ as an institution, and provide a clear, corporate view or leadership role necessary for an enhanced watchdog-sponsoring function.

13) A comprehensive, scholarly treatment of the background, development, failure, and subsequent success of this mendment is Bernstein, The Sleeper Wakes: The History and … of the Twenty-Seventh Amendment.

14) Reform will give the Lords greater … and assertiveness.

15) The media has also been following a shift of power away from Westminster, not just to the broadcasting studios but also to European institutions (themselves poorly covered), to the judiciary, to devolved … and assemblies, and to semi-independent regulators.

16) There develop real possibilities of break-up, either as a result of a lack of energy and understanding, or because the insistence on formal matters (the impossibility of altering the Union) undermines public support for it in Scotland (and perhaps Wales), leading to a crisis of … .

17) A new second chamber with these characteristics should remedy the deficiencies of the old House of Lords, which lacked the political … and confidence to do its job properly, while preserving some of its best features.

18) 'If the possibility of abuse be an argument against authority, no authority ever can be established; if the actual abuse destroys its … , there is no legal government now in the world'.

19) The impact of the HRA (Human Rights Act) has been as strong on the executive branch of government, and on the … , as it has been in the courts.

20) Early appointments to the Supreme Court have been notable for their relative lack of diversity and, unless future appointments rounds show some change, public perception of the judges as ‘out of touch’ and lacking … is likely to grow stronger.

21) The defining features of a constitutional system broadly described as political are that the sovereign power of Parliament is paramount and electoral authority is the first and foremost test of … .

 

TASK IV   Use the text to prove that 1688 was the turning point in the British constitutional history.

TEXT 3 THE STRUCTURE OF THE UK CONSTITUTION

 

The institutions of the unwritten UK Constitution have evolved over the centuries. There is no grand design which can be used to describe the constitution. The UK Constitution has been compared to an ancient house altered bit by bit over the years by different owners so that its basic structure is difficult to discover. Indeed some regard it as pointless to ask what the 'purpose' of the UK constitution is. It has just evolved. Thus attempts to describe the constitution in general terms, for example, as a democracy, may express wishful thinking more than reality. The constitution that emerged during the seventeenth and eighteenth centuries has been described as a 'balanced' constitution combining the elements of monarchy, aristocracy and democracy, and the notion that the powers of government of whatever form should be limited by law runs through the constitutional history. However, no one has yet succeeded in defining the “proper” limits of government power.

Wolfe-Phillips provides a convenient idealised description of the structure of the United Kingdom Constitution. The constitution comprises a revered head of state insulated from politics, a government led by a prime minister with a parliamentary majority produced in a free and fair election by a mature electorate. Parliament “debates the great issues of the day, controls national expenditure and taxation”, criticises government, controls the executive and redresses grievances. The government is bound to carry out policy approved by the Cabinet and if it loses the support of Parliament it must resign. “Each minister can be called to account for the working of his department by Parliament”. If incompetence or maladministration be proved the minister must resign.

The “unwritten constitution” has the “virtue of flexibility” and permits both evolutionary and constitutional change. The House of Lords is “removed from party politics” and can provide a “measure of restraint on the popularly elected transient majority in the Commons”. Wolfe- Phillips does not mention the courts, but they could be regarded as another source of stability added to the monarch and the House of Lords, providing an independent forum for ensuring that government keeps within the law and tempering governmental decisions by applying widely accepted ideas of fairness and justice.

Wolfe-Phillips himself seems doubtful whether this ideal represents reality. He seems to regard electors as the dupes of party political propaganda, and elections as providing only a limited choice between party machines. He appears to regard members of Parliament as corruptly subservient to the prime minister and party discipline. The courts could also be regarded as of limited importance. Only the very poor (legally aided) or the relatively wealthy have access to the courts, and Parliament can readily undo the consequences of a judgment by passing a new law. Elliot adopts a similar perspective. Asked to describe the British system of government to a visiting Martian, Elliot would describe the cabinet as a group of politicians who sink or swim together, their parliamentary supporters as pledged to support them on pain of losing the chance of preferment, and the opposition as, by definition, an ineffective minority. Parliament, except in very rare circumstances, provides at best lobby fodder for the government. Parliamentary supremacy is, like Bentham's famous comment about “rights”, “nonsense on stilts”. “Into this increasingly rotten basket Britain has lobbed all its constitutional eggs” subject to a small number of marginal reforms - the ombudsman and select committees who can report to Parliament about allegations of governmental wrongdoing.

Others argue that the mainsprings of power are in the hands of informal networks of personal relationships both inside and outside government - the so-called “establishment”. These “networks” of important individuals and groups are based on schools, universities and business and financial organisations. They include civil servants, judges, political parties and the holders of key positions in the media and business worlds. On this view the operation of the British constitution depends upon the relationship between the elected government and the 'networks', and involves an “inner constitution” based upon shared values and patronage. It is also argued that British parliamentary democracy is devised to benefit the large groups and institutions that support the main political parties.

Other significant features of the UK Constitution depend on the perspective of the observer. For example Dicey, writing from the point of view of the lawyer, and also as a champion of private property rights, regarded the primary characteristics of the UK Constitution as (i) the rule of law; (ii) parliamentary supremacy; (iii) the distinction between conventions and law. He thought that in political terms these led to the ultimate sovereignty of the people. Of the three principles only the distinction between law and convention has really stood the test of time. Nevertheless, such has been Dicey's influence that even today no coherent alternative has emerged. Dicey was ambivalent about democracy which was a relative latecomer on the constitutional stage.

From the lawyers' perspective Dicey's three characteristics must be supplemented by other important characteristics of the constitution. The main legal features of the constitution are as follows.

· A monarchy

· The legislative supremacy of Parliament

· A “bicameral” (two-chamber) Parliament

· An elected Lower House

· No strict separation of powers, but an independent judiciary

· The supremacy of European law

· A highly centralised executive dependent mainly on statutory powers, but with significant common law or prerogative powers

· No general public right to official information

· No guaranteed civil liberties.

 

LANGUAGE PRACTICE AND COMPREHENSION CHECK:

TASK I ACTIVE VOCABULARY.

a) Match the terms with their definitions, consult GLOSSARY or a law disctionary if necessary: maladministration, institution, legal aid, convention, redress, grievances, patronage, Ombudsman, pledge

A)  1. An agreement or compact, especially one among nations; a multilateral treaty  2. A special deliberative assembly elected for the purpose of framing, revising, or amending a constitution. 3. A generally accepted rule or practice; usage or custom.

B) 1. The giving of support, sponsorship, or protection. 2. All the customers of a business; clientele. 3. The power to appoint persons to governmental positions or to confer other political favors.

C) 1. An official appointed to receive, investigate, and report on private citizens' complaints about the government. 2. A similar appointee in a nongovernmental organization (such as a company or university).

D) A bailment of personal property to secure an obligation of the bailor. If the purpose of the transaction is to transfer property for security only, then the courts will hold the transaction a pledge, even though in form it may be a sale or other out-and-out transfer."

E) 1. An injury, injustice, or wrong that gives ground for a complaint. 2. The complaint itself. 3. Labor law. A complaint that is filed by an employee or the employee's union representative and that usu. Concerns working conditions, esp. an alleged violation of a collective-bargaining agreement.

F) 1. The commencement of something, such as a civil or criminal action. 2. An elementary rule, principle, or practice. 3. An established organization, especially one of a public character, such as a facility for the treatment of mentally disabled persons. 4. Civil law. A testator's appointment of an heir; the designation of an institute.

G)  Free or inexpensive legal services provided to those who cannot afford to pay full price. It is usu. administered locally by a specially established organization.

 

b) Use the above terms in the following sentences:

1) Public-interest lawyer is an attorney whose practice is devoted to advocacy on behalf of a public … or nongovernmental organization, or to advising and representing indigent clients and others who have limited access to … .

2) In British constitutional law, the constitution is a collection of historical documents,

statutes, decrees, … , traditions, and royal prerogatives.

3) The … may investigate complaints only if they are submitted to him in writing through a Member of Parliament; investigation is entirely at his discretion.

4) A … is something more than a mere lien and something less than a mortgage."

5) Inmate is a person confined in a prison, hospital, or similar … .

6) Inn of Court is any of four autonomous … , one or more of which English barristers must join to receive their training and of which they remain members for life: The Honourable Societies of Lincoln's Inn, the Middle Temple, the Inner Temple, and Gray's

Inn.

7) Goodwill is a business's reputation, … , and other intangible assets that are considered when appraising the business, especially for purchase; the ability to earn income in excess of the income that would be expected from the business viewed as a mere collection of assets.

8) Although compensatory damages and punitive damages are typically awarded at the same time by the same decision-maker, they serve distinct purposes. The former are intended to … the concrete loss that the plaintiff has suffered by reason of the defendant's wrongful conduct.

9) In England nobility is apt to be confounded with the peculiar … of the British peerage. Yet nobility, in some shape or another, has existed in most places and times of the world's history, while the British peerage is an … purely local, and one which has actually hindered the existence of a nobility in the sense which the word bears in most other countries.

10) Malicious prosecution means the … of a criminal or civil proceeding for an improper purpose and without probable cause.

 

Match the following mal- words with their definitions. One of them has more than one meaning malpractice, malfeasance, malversation, maladministration:

 

1) Poor management or regulation by a public officer; specif., an official's abuse of power.

2) A lawyer's failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.

3) Official corruption; misbehavior by an official in the exercise of the duties of the office (French "ill behavior").

4) A doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances.       

5) A wrongful or unlawful act; especially wrongdoing or misconduct by a public official;

6) An instance of negligence or incompetence on the part of a professional. To succeed in a … claim, a plaintiff must also prove proximate cause and damages. Also termed professional negligence.

 

TASK II a)  Compare the meanings and usages of the verbs: ensure, assure, insure:

· Ensure – make certain – (ensure that, ensure against)

· Assure - make promises to, convince – ( assure somebody, somebody is assured something).

· Insurance companies insure – ( insure against loss, insure one’s life, property, valuables).

b) Use the verbs in the following sentences:

1. Although the court’s instruction did petitioner no harm, it was thought that petitioner was … a new trial if counsel had complained.

2. Changes were made … against over-expenditures in the new government program.

3. The verdict … that the accused would spend a long time in jail.

4. Nowadays a lot of people … against future misfortunes.

5. The requirement of minimum contacts … that the states, through their courts, do not reach beyond the limits imposed on them by the status as coequal sovereigns in the federal system.

6. The lawyer … his clients of his ability to solve the problem.

7. If there are statutory requirements before a treaty takes effect, the courts can … that these are obeyed.

 

TASK III Define the meanings of the words in bold type:

a). The institutions of the unwritten UK Constitution have evolved over the centuries.

b). It is also argued that British parliamentary democracy is devised to benefit the large groups and institutions that support the main political parties.

c). It is idle to criticize institutions for performing the task they were created to perform and have performed for centuries.

d). The separation of powers doctrine requires governmental institutions to respect each other as equals within acknowledged separate spheres of activity.

e). Constitutions essentially set out broad principles concerning who makes law and how, and allocate power between the main institutions of the state – government, Parliament and the judiciary.

TASK IV  Complete the following table:

Adjective                              noun                                           verb

 

__________________        ___________________                 Evolve

__________________        ___________________                  Compare

Different                             ___________________         ________________

__________________       Constitution                            ________________

__________________       Notion                                     ________________

__________________       ___________________                   Describe

__________________       ___________________                    Succeed 

___________________        Power                              _________________

___________________        Expenditure                     _________________

___________________    __________________                  Alter

___________________    __________________                  Discover

Significant                         __________________        _________________

___________________    Distinction                           _________________

 

TASK V      Express the same in other words:

1. Parliament can readily undo the consequences of a judgment by passing a new law.

2. Elliot adopts a similar perspective.

3. Other significant features of the UK Constitution depend on the perspective of the observer.

4. Dicey was ambivalent about democracy which was a relative latecomer on the constitutional stage.

 

TASK VI  Analyse the following pairs of words, whether their meanings are: a) similar; b) opposite; c) complementing one another:

1) Free and fair;                                          5) Evolutionary and constitutional;

2) Inside and outside;                                 6) Individuals and groups;

3) Fairness and justice;                               7) Groups and institutions;

4) Sink or swim;                                        8) Incompetence and maladministration;

 

TASK VII Consult a law dictionary or GLOSSARY to provide definitions for the following notions: democracy, aristocracy, monarchy, parliamentary majority, mature electorate, opposition

 

TASK VIII     Discuss the different views on the constitution expressed in the text, use the following phrases:

attempts to describe;

to provide a description;

to succeed in defining;

to seem/to appear to regard;

to adopt a similar perspective/view;

others argue/consider;

it is argued that;

from the point of view of the lawyer;

 

TASK IX a) Read the passage about the constitutional reforms in the UK:

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