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Reading 3. The constitutional framework



              of the United Kingdom

 

The United Kingdom is one of the few countries of the world that does not have a written constitution. It just has so called " uncodified constitution".

The " British Constitution" is a set of rules and regulations constituted by laws, various treaties and international agreements. This uncodified constitution has largely developed out of historic English law.

The founding document of England's " constitution" is generally considered to be the Magna Carta, or Great Charter of the Liberties of England, which the barons drew up and King John signed in the year 1215. Among other landmark bills that have established major new principles in the British Constitution are the English Bill of Rights, passed after the Glorious Revolution of 1689, and the Acts of Union, of 1707, which established the linking of England and Scotland within the United Kingdom.

As the Constitution of the United Kingdom is uncodified, it is in a state of constant change. Each new law, each new major decision by judges, becomes a new stone in the structure of the British Constitution.

Exercise 8.  Agree or disagree with the following statements.

1. The British Constitution is unwritten.

2. A codified constitution would mean that the constitution is written down.

3. The founding document of England’s “constitution” is called the Acts of Union. It was adopted in 1215.

4. No amendments are allowed to add to the British Constitution.

5. Many countries in the world have uncodified constitutions, for example the USA and Russia.

6. The British and American Constitutions are very similar.

 

Exercise 9. Speak about some differences of the British and American constitutions. Use the tips from the table.

British Constitution American Constitution
· No written Constitution · Constitution is written down
· very flux; · can be changed by a simple majority in the legislature; · difficult to change; · there is a special very complicated procedure to add any amendments;
· no formal separation of the powers; · proclaims strict separation of the powers of the executive, the legislature and the judiciary;
· members of the government (the executive) are expected to be members of Parliament (the legislature) · the President and his ministers are prevented from being part of Congress
· the UK is a parliamentary system; ·the USA is a presidential system;
· British Prime Minister usually heads a government with a majority of seats in the House of Commons and can pass almost any legislation that he wishes. · the constitutional system of 'checks and balances' seriously limits the power of the US President;

Exercise 10. Do the quiz on the US Constitution basics.

Which branch makes the law?

a. executive

b. legislative

c.  judicial

Which branch enforces the law?

a. executive

b. legislative

c. judicial

Which branch interprets the law?

a. executive

b. legislative

c. judicial

How many amendments are there to the US Constitution?

a. 13

   b. 10

c. 27  

Who is the head of the executive branch of government?

a. the Secretary of State

b. the President

c. the Speaker of the ParliamentHouse of Representatives

What are the first 10 Amendments often called?

a. the Preamble

b. Order of the Convention

c. the Bill of Rights

When was the Constitution created?

 

a. 1776

 

 

    b. 1790

 

   c. 1787  

Which document broke American ties with England

a. Declaration of Independence

b. Articles of Confederation

c. US Constitution

 

               

Revision

1. What is Constitutional Law?

2. What does Constitutional Law deal with?

3. What are the key tasks of Constitutional Law?

4. In what way does the Constitutional Law protect the human rights?

5. What’s the difference between codified and uncodified constitutions? Give an example of a country, which has uncodified constitution.

6. How many articles are there in the US Constitution?

7. What do you know about British Constitution?

8. What are main differences between the American and British Constitution?

Recommended Literature

1. Lee P. Arbertman, Edward L. O’Brien, Street Law, Eighth Edition, - Glencoe The McGraw-Hill Companies, 2010.

2. Rowell R., Law today, - Longman, 1993.

3. Brown G.D., Sally Rice. Professional English in Use. Law. - Cambridge University Press, 2007.

4. Glenn Patrick H. Legal Traditions of the World. - Oxford press, 2004.

Unit 4. Contract Law

Reading 1. Glossary


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