Task 1. Read and translate the text

The British Constitution

Parliamentary democracy in Britain has a special character which stems from the fact that the British Constitution is not to be found in a single document. This does not mean, however, that Britain does not have a formal and controlled system of government. British democracy has evolved over time. Treaties like the Act of Union between England and Scotland in 1707 and the treaty with the Irish Free State in December 1921 have helped to shape the Constitution as it is today.

Similarly, statute laws have established constitutional principles which have then been interpreted and developed by the courts. In addition, historic practices have gradually become recognized as part of the Constitution. The whole complex system has developed gradually over the centuries and continues to do so.

The increasing importance of the party system, which supplies both the Government and the Opposition in the House of Parliament, is an illustration of political evolution. So too is the office of Prime Minister. A modern British Prime Minister has very considerable powers, greater than those of many other leaders of democratic states. These powers do not stem from a constitutional document or from statute law. They have arisen as a result of the growing strength of party discipline and organization and experience of the conduct of affairs particularly in time of war.

 

Common and Continental Law

Each country in the world has its own system of law. There are two main traditions of law in the world. One is based on English Common law. The other tradition is known as Continental law, or Roman law.

Common law, or case law system, differs from Continental law as it has developed gradually throughout history. It is not the result of government attempts to codify every legal relation. Customs and court rulings have been as important as statutes (government legislation). Judges do not merely apply the law, in some cases they make law, and their interpretations may become precedents for other courts.

Before William of Normandy invaded England in 1066 no law was common to the whole kingdom. The Norman Kings sent traveling judges around the country and gradually a “common law” developed. Uniform application of the law throughout the country was promoted by the gradual development of the doctrine of precedent.

The doctrine of precedent is still a central feature of modern common law systems.

Even when governments make new laws – statutes, they are interpreted by the courts in order to fit particular cases, and these interpretations become new precedents.

Continental systems, codified legal systems, have resulted from attempts by governments to produce a set of codes so that the state could govern every legal aspect of a citizen’s life.

When the lawmakers were codifying their legal systems, they looked to the example of Revolutionary and Napoleonic France, whose legislators wanted to break with previous case law.

The lawmakers were also influenced by the model of the Canon law of the Roman Catholic Church, but the most important models were the codes produced in the seventh century under the direction of the Roman Emperor Justinian.

Versions of Roman law had long influenced many parts of Europe but had little impact of English law.

For the next session (Bachelor’s Programme)

Variant I.

Task 1. Read the article, translate it and answer the questions about the text

The concept of the British Constitution: the basic facts

Unwritten character

The British constitution is not written in Continuity of development

It has evolved over the centuries with but few sudden or dramatic changes, and a high degree of historical continuity has been maintained as the constitution has been brought up to date. Of the modern institutions of government, some are still rooted in medieval origins. But the constitution is not a museum piece. The greater part of our constitutional law has been made in this century.

Parliamentary sovereignty

Parliament as a legislative body can enact any law whatsoever on any subject whatsoever in the eyes of United Kingdom courts, according to the generally held view. Changes in rules of constitutional law can be effected by ordinary legislation.

Law and convention

Particularly in the working of the executive branch of government and its relationship with the Legislature, the constitution is regulated to a large extent by rules which do not belong to the normal legal categories. These rules are called constitutional conventions. They are rules of political conduct or binding usages, most of which are capable of being varied or of simply disappearing as political conditions and ideas change. If conventions are to be classified as rules of constitutional law, then the term 'law' must be given a very broad meaning. To use the term 'law' in more than one sense is not in itself unusual. Sometimes it is convenient to contrast constitutional convention with 'strict law'. Thus, in strict law (by virtue of the royal prerogative) the Queen can dismiss her Ministers at pleasure. By convention this legal power is exercisable only in very extraordinary circumstances. And because it is well understood that, save in exceptional circumstances, the Queen must act in accordance with ministerial advice, Parliament still adopts the form of conferring discretionary powers on Her Majesty. This dichotomy of law and convention pervades much of our constitutional law

Flexibility

The absence of a cumbersome procedure for altering rules of constitutional importance, the omnicompetence of Parliament and the pliability of many constitutional conventions tend to make the British constitution flexible and easily adaptable. (...)

Unitary nature

The United Kingdom is a unitary, not a federal, State, at the present time. If it were a federal State, Parliament would not be omnicompetent.

Limited monarchy

Succession to the throne is hereditary. The functions of the head of State are primarily ceremonial, and despite their amplitude in strict law they are now of little or no political significance in normal times.

Bicameralism

The upper House of Parliament, the House of Lords, still constituted mainly on a hereditary basis, is of minor importance: the lower House, the elected House of Commons, is the focus of political attention.

Parliamentary Executive

The political arm of the executive branch of government is recruited from and located within Parliament, and the Cabinet is collectively 'responsible' to Parliament in general and the House of Commons in particular. A Government would either have to resign or go to the country if it were to forfeit the support of a majority in the Commons.

⇐ Предыдущая45678910111213Следующая ⇒

Поделиться:

Популярное:

1. A. Do pre-reading tasks before each abstract, then read and translate the abstracts about the basics of management.
2. B. Study the separate clauses of different contracts and translate them into Russian.
3. Ex. 10. In the sentences below, replace the words in italics with a word (or words) from the text. Translate the sentences into Russian.
4. Ex. 3. Read the sentences and translate them, paying attention to the predicates in the Passive form.
5. Ex. 6. Listen to the tape and practice the reading of the text. Try to imitate the speaker as best as you can. Translate the text, using a dictionary, if necessary.
6. Ex.1 Translate into Russian. Use the dictionary whenever necessary
7. Ex.4. Read the text, translate 1, 2, 3 paragraphs in written form, and complete the task after it.
8. Find in the text verbs in the Past Simple Tense (Verb-form II), and Participle II (Verb-form III). What are their functions in the sentences? Translate these forms.
9. I. Translate the words from Russian into English
10. IV. Translate from English into Russian.
11. IV. Translate the sentences from Russian into English.
12. Put each of the following colloquial words or phrases in its correct place in the sentences below. Discuss their meanings in class. Translate the sentences into Russian.