Task 1. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.
British Constitution
The British constitution has evolved over many centuries. Unlike the constitutions of America, France and many Commonwealth countries, the British constitution has not been assembled at any time into a single, consolidated document. Instead it is made up of common law, statute law, conventions etc.
Of all the democratic countries in the world, only Israel is comparable to Britain in having no single document codifying the way its political institutions function and setting out the basic rights and duties of its citizens. Britain does, however, have certain important constitutional documents, including the Magna Carta (1215) which protects the rights of the community against the Crown; the Bill of Rights (1689) which extended the powers of Parliament, making it impracticable for the Sovereign to ignore the wishes of the Government; and the Reform Act (1832), which reformed the system of parliamentary representation. Common law as a constitutional source has never been precisely defined — it is deduced from custom or legal precedents and interpreted in court cases by judges. Conventions are another source of Constitution. They are rules and practices which are not legally enforceable, but which are regarded as indispensable to the working of government. Many conventions are derived from the historical events through which the British system of government has evolved. One convention is that Ministers are responsible and can be held to account for what happens in their Departments.
Unlike constitutions that make explicit provision for their amendment 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 accretion of custom, by an act of Parliament, or by judicial interpretation.
The flexibility of the British constitution helps to explain why it has developed so fully over the years. However, since Britain joined the European Community in 1973, the rulings of the European Court of Human Justice have increasingly determined and codified sections of British law in those areas (covered by the various treaties) to which Britain is a party. In the process British constitutional and legal arrangements are beginning to resemble those of Europe.
ANSWER THE FOLLOWING QUESTIONS:
1. What type of Constitution does Great Britain have?
2. What is the structure of British Constitution?
3. What are the advantages of unwritten Constitution?
Compare the British and Russian Constitutions (flexibility and alteration, protection of human rights, etc.)
Task 2. Translate into English:
Отличительной характеристикой британской Конституции является отсутствие какого-либо единого документа, который можно было бы назвать основным законом страны. Более того, не существует даже точного перечня документов, которые бы относились к Конституции.
Это вызвано особым (по сравнению с другими странами Европы) характером права Великобритании, которое относится к англо-саксонской системе. Отличительная особенность этой системы — использование в качестве источника права судебного прецедента, а также длительное самостоятельное развитие британского права.
Выделяют несколько составляющих Конституции: статутное право, общее право, конституционные соглашения, которым соответствуют следующие источники права: статуты, судебные прецеденты и конституционные соглашения.
В праве Великобритании отсутствует различие между «конституционным» и «текущим» законом — действует общий порядок принятия и изменения законов, что определяет «гибкий» характер основного закона, возможность его модификации без прохождения сложной процедуры изменения или дополнения, как в других странах (принятие на референдуме или большинством в парламенте и пр.).
Конституция Великобритании, в отличие от многих других документов конституционного британского права, является единой для Соединенного Королевства Англии, Уэльса, Шотландии и Северной Ирландии.
Task 3. Match the following words and expressions and define them:
| (1) written constitution (2) political conventions (3) explicit | (a) implied (b) written law (c) unwritten constitution |
Task 4. Study the text below, making sure you fully comprehend it.
Magna Carta
Magna Carta (Latin for Great Charter, literally «Great Paper»), also called Magna Carta Libertatum (Great Charter of Freedoms), is an English legal charter, originally issued in the year 1215. It was written in Latin. Magna Carta required King John of England to proclaim certain rights (mainly of his barons), respect certain legal procedures, and accept that his will could be bound by the law. It explicitly protected certain rights of the King's subjects. But it was not in King John's best interests. Nor was it his original thought.
Today we also know the Magna Carta as a forerunner of American rights and liberties. People refer to it with reverence. But granting the «Great Charter» was not in the king's best interests. Why did he agree to it? Or did he?
John was always in trouble with someone. The fourth son of Henry II and Eleanor of Aquitane, he was ineligible to inherit land (hence his nickname «Lackland»). Because he inherited no land, he was always conniving to gain land by other means.
But when he finally became king he lost English holdings in France. For much of his reign, John was preoccupied in regaining those lost French territories. To pay for his battles, he increased taxes on the landed barons. Finally, the English barons revolted against the high taxes and captured London in May of 1215. They issued their terms of rapprochement: The monarch would be forced to sign a charter giving legal rights to the barons and creating obligations on the part of the crown.
Presented with the Magna Carta, he agreed to its terms for one purpose only: to buy time.
Main Provisions
For Great Britain, Magna Carta is Statute Number One. Of the Magna Carta's 63 provisions, the most important categories were:
· Independence of the church in England,
· Freedom from undue tax burdens;
· Judicial rights: the fundamental concept of habeas corpus («you have the body») by which no one can be imprisoned without due process of law; fines should be proportionate to the offense;
· Anti-corruption and fair trade: Magna Carta guarantees that no royal officer may take any commodity such as corn, wood, or transport without payment or consent; the document proclaimed the safety and right of entry and exit of foreign merchants.
Charter was confirmed by later English kings. Its eminent place, and effect, in the modern world of law remains unquestioned.
Task 5. Find equivalents of the following word combinations in the text:
(1) провозгласить определенные права
(2) уважать определенные правовые процедуры
(3) связанный законом
(4) королевские подданные
(5) предвестник американских прав и свобод
(6) не иметь права наследовать землю
(7) быть коварным с целью завоевать земли
(8) восстать против высоких налогов и
(9) условия примирения
(10) обязательства со стороны короны
(11) налоговое бремя
(12) изымать товары
Task 6. Match the terms with their definitions:
| inherit | impose a legal or contractual obligation |
| revolt | predecessor |
| bind | to receive (property, a right, title, etc.) by succession or under a will |
| terms | legally or officially unable to be considered for a position or benefit |
| Forerunner | take violent action against an established government or ruler; rebel |
| Ineligible | conditions under which an action may be undertaken or agreement reached; stipulated or agreed requirements |
Task 7. Complete the text using the words from the box:
History of the «Great Charter»
Frustrated by King John's abuse of power, in 1215 English barons demanded that he ____ a charter to recognize their _____ This famous charter _______ as Magna Carta (Latin for «Great Charter»), which granted «to all freemen of our kingdom» certain rights and liberties.
Magna Carta came to be seen as the _____ for many future legal documents, establishing the common law as the supreme authority in England to which even the king was subject. Subsequent interpretations of Magna Carta shaped its legacy as one of the most ______ legal documents in world history.
While Magna Carta was not the first ______ to limit a king's power, it was the first written limitation of the power of the king, marked with the king's great seal. In addition, it planted the seed for many concepts found within our legal system today and is ______as a foundational, landmark document of the rule of law.
ANSWER THE FOLLOWING QUESTIONS:
1. What are the main provisions of Magna Carta?
2. Why John he was ineligible to inherit land?
3. Why did John increase taxes for barons and what was their reaction on it?
4. Why did John agree to sign barons' terms?
5. What kinds of rights were protected by Magna Carta?
6. What are the effects of the document?
Task 8. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.
The Bill of Rights
(An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown).
The English Bill of Rights grew out of the Glorious Revolution of 1688. During the revolution King James II abdicated and fled from England. He was succeeded by his daughter, Mary, and her husband, William of Orange, a Dutch prince. Parliament proposed a Declaration of Rights and presented it to William and Mary on February 13, 1689. Only after they accepted the declaration did Parliament proclaim them king and queen of England. Parliament then added several clauses to the declaration and formally enacted the amended bill as the Bill of Rights on December 16, 1689.
Its main purpose was to declare illegal various practices of James II, such as the royal prerogative of dispensing with the law in certain cases. The result of a long struggle between the Stuart kings and the English people and Parliament, it made the monarchy clearly conditional on the will of Parliament and provided freedom from arbitrary government. It also dealt with the succession to the throne. The succession was stated to lie in the heirs of the protestant Mary, and then her younger sister Anne. None could succeed who were of the catholic faith, or had married catholics.
The Bill of Rights combined past grievances against the deposed king with a more general statement of basic liberties.
The statute prohibited the monarch from royal interference with the law. Though the sovereign remains the fount of justice, he or she cannot unilaterally establish new courts or act as a judge or suspend laws.
The Bill prohibited the monarch from levying taxes or customs duties without Parliament's consent.
The statute prohibited the raising and maintaining of a standing army during peacetime. The agreement of parliament became necessary before the army could be moved against the populace when not at war.
More importantly, it proclaimed fundamental liberties, including freedom of elections and f reedom of speech in parliament. This means that the proceedings of parliament can not be questioned in a court of law or any other body outside of parliament itself; this forms the basis of modern parliamentary privilege.
People were granted freedom to petition the monarch and freedom from excessive bail and from cruel and unusual punishments, f reedom from fine and forfeiture without a trial.
The Bill of Rights became one of the cornerstones of the unwritten English constitution. The Bill of Rights has also had a significant impact on U.S. law, with many of its provisions becoming part of the U.S. Constitution and Bill of Rights.
Task 9. Match the following expressions with their Russian equivalents:
| to succeed the throne | наследовать престол |
| to occupy / to sit on the throne | отрекаться от престола |
| to dispense with law | свергать с престола |
| to depose from a throne | обходиться без закона |
| to abdicate from the throne | сидеть на троне, царствовать |
Task 10. True or false?
1. After the revolution King James II abdicated and escaped from England.
2. Parliament proclaimed William and Mary king and queen of England and after that they accepted the Declaration of Rights.
3. The Declaration approved some practices of James II, such as the royal prerogative of dispensing with the law in certain cases.
4. But Parliament still was not free from arbitrary government.
5. Only Catholics could succeed the throne.
6. The sovereign could establish new courts or act as a judge or suspend laws.
7. The monarch couldn't levy taxes or customs duties and maintain a standing army.
8. According the Declaration members of Parliament received legal immunity.
9. The Bill protected people from cruel and unusual punishments, from fine and forfeiture without a trial.
Task 11. Complete the table:
The Bill of Rights
| Sphere of regulation | Provisions |
| law | prohibition of royal interference with the law…… |
| justice | |
| taxes | |
| army | |
| liberties | |
| succession to the throne |
Task 12. Fill in the gaps in the text using the words from the box:
From the History of the Bill of Rights
This bill was a ____to the American Bill of Rights, and set out strict ____ on the Royal Family's legal prerogatives such as a prohibition against arbitrary suspension of Parliament's laws. More importantly, it limited the right to ____ money through taxation to Parliament.
William of Orange and his wife Mary were crowned King and Queen of England in Westminster Abbey on April 11, 1689. As part of their oaths, the new King William III and Queen Mary were ____ to swear that they would obey the laws of Parliament. At this time, the Bill of Rights was read to both William and Mary. «We thankfully ____ what you have offered us,« William replied, agreeing to be ____ to law and to be guided in his actions by the decisions of Parliament.
The Bill was formally _____ through Parliament after the coronation. On December 16, 1689, the King and Queen gave it Royal Assent which represented the end of the concept of divine right of kings. The Bill of Rights was ____ to control the power of kings and queens and to make them subject to laws passed by Parliament. This concession by the royal family has been called the «bloodless revolution» or the «glorious revolution.» It was certainly an era for a more tolerant royal prerogative.
The Bill of Rights was one of three very important laws made at this time. The other two were the 1689 Toleration Act (which promoted religious ____) and the 1694 Triennial Act, which ____ the King from dissolving Parliament at his will and held that general elections had to be held every three years.
ANSWER THE FOLLOWING QUESTIONS:
1. What historical events preceded the Bill of Rights?
2. What was the main purpose of the Bill of Rights?
3. How was the power of monarch restricted?
4. What kind of civil rights were received by the people?
5. How were the members of Parliament protected by the Bill?
Task 13. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.
HABEAS CORPUS
Personal liberty is regarded as the most fundamental of all freedoms, and where individuals are wrongfully deprived of their liberty, the fact that, on release, they can sue their captor for damages under the ordinary civil law is not regarded as sufficient.
Habeas Corpus is an ancient remedy which allows a person detained to challenge the legality of detention and, if successful, get themselves quickly released. It does not punish the person responsible for the detention, but once the detainee is set free, they can still pursue any other available remedies for compensation or punishment.
Habeas Corpus may be sought by, among others, convicted prisoners; those detained in custody pending trial or held by the police during criminal investigations; those awaiting extradition; psychiatric patients; and those with excessive bail conditions imposed on them. Application is made to the Divisional Court, and takes priority over all other court business.
The procedure for the issuing of writs of Habeas Corpus was first codified by the Habeas Corpus Act 1679. Then, as now, the writ of Habeas Corpus was issued by a superior court in the name of the Sovereign, and commanded the addressee (a lower court, sheriff, or private subject) to produce the prisoner before the Royal courts of law. A Habeas Corpus petition could be made by the prisoner himself or by a third party on his behalf and, as a result of the Habeas Corpus Acts, could be made regardless of whether the court was in session, by presenting the petition to a judge.
The right to petition for a writ of habeas corpus has long been celebrated as the most efficient safeguard of the liberty of the subject. Albert Venn Dicey wrote that the Habeas Corpus Acts «declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty».
Suspension of Habeas Corpus
In most countries, however, the procedure of habeas corpus can be suspended in time of national emergency. For example the US Constitution explicitly defines when it can be overridden: «The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.»
On October 17, 2006, President Bush signed a law (Military Commissions Act of 2006) suspending the right of habeas corpus to persons «determined by the United States» to be an «enemy combatant» in the Global War on Terror. It was a response to the Global War on Terrorism, considered to have been triggered by the September 11, 2001 terrorist attacks in New York City and the Pentagon. The Act grants the President of the United States almost unlimited authority in establishing and conducting military commissions to try persons held by the U.S., and considered to be «unlawful enemy combatants» in the Global War on Terrorism. In addition, the Act suspends the right of «unlawful enemy combatants» to present, or to have presented in their behalf, writs of habeas corpus.
Criticism of Suspending the Right of Habeas Corpus
President Bush's action drew severe criticism, mainly for the law's failure to specifically designate who in the United States will determine who is and who is not an «enemy combatant». Jonathan Turley, professor of constitutional law at George Washington University stated, «What, really, a time of shame this is for the American system. What the Congress did and what the president signed today essentially revokes over 200 years of American principles and values.»
In fact, the Military Commissions Act of 2006 was not the first time in the history of the U.S. Constitution that its guaranteed right to writs of habeas corpus has been suspended by an action of the President of the United States. In the early days of the U.S. Civil War President Abraham Lincoln suspended writs of habeas corpus. Both presidents based their action on the dangers of war, and both presidents faced sharp criticism for carrying out what many believed to be an attack on the Constitution.
Situation in Continental Europe
Protection against arbitrary imprisonment by the writ of Habeas Corpus is not found in continental Europe. In the democratic countries of Western Europe, however, the codes of criminal procedure require that an arrested person be informed with reasonable promptness of the charges and be allowed to seek legal counsel. In many other countries, persons are subjected at times to lengthy periods of imprisonment without being informed of the charges. The writ of Habeas Corpus has been adopted in many Latin American countries, either by constitutional provision or statutory enactment, but has frequently been nullified in practice during times of political or social upheaval.
Task 14. Find the appropriate definitions:
| Upheaval | to prevent from possessing or enjoying |
| Sue | to set aside or disregard with superior authority or power |
| Deprive | to hold in abeyance; to postpone an action |
| Override | a document under seal, issued in the name of the Crown or a court, commanding the person to whom it is addressed to do or refrain from doing some specified act |
| Suspend | a strong, sudden, or violent disturbance, as in politics, social conditions, etc. |
| Writ | a sum of money by which a person is bound to take responsibility for the appearance in court of another person or himself or herself, forfeited if the person fails to appear |
| Bail | to institute legal proceedings |
| Challenge | questioning of a statement or fact; a demand for justification or explanation |
ANSWER THE FOLLOWING QUESTIONS:
1. What kind of fundamental human rights is protected by Habeas Corpus writ?
2. How can Habeas Corpus protect the rights of a detained person?
3. Who has a right to petition for a writ of Habeas Corpus?
4. In what situations the privilege of the writ of Habeas Corpus can be suspended? Give examples from the history.
5. Why did Military Commissions Act of 2006 draw severe criticism? What is your opinion on this matter?
6. What do you know about protection against arbitrary imprisonment in Europe and other countries?
Task 15. Translate the following text into English:
Хабеас Корпус Акт — законодательный акт, принятый парламентом Англии в 1679, составная часть Конституции Великобритании — определяет правила ареста и привлечения к суду обвиняемого в преступлении. Он предоставляет суду право контролировать законность задержания и ареста граждан.
Согласно этому закону, если обвиняемый считал свой арест незаконным, то судьи были обязаны требовать проверки законности ареста; заключение обвиняемого в тюрьму могло производиться только по предъявлении приказа с указанием причины ареста.
Акт обязывал судей выдавать Хабеас Корпус во всех случаях, за исключением тех, когда основанием ареста являлось обвинение данного лица в государственной измене или тяжком уголовном преступлении.
По получении предписания Хабеас Корпус смотритель обязан был в течение 3—20 дней (в зависимости от дальности расстояния) доставить арестованного в суд. В случае задержки судебного расследования закон предусматривал освобождение арестованного под залог (чем не могли воспользоваться малоимущие);
Правительству предоставлялось право приостанавливать действие акта в чрезвычайных случаях, но лишь с согласия обеих палат парламента и не более, чем на один год. Эта мера практиковалась в очень редких случаях, в Англии и Шотландии она не применялась с 1818 г.
Task 16. Writing
Using the information from the texts explain the meaning of Habeas Corpus as a part of the British Constitution
Task 17. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.
Constitutional Conventions in Britain
Constitutional conventions are the part of unwritten British constitution. They play a key role in British constitutional law. Conventions are informal or «moral» rules of practice for government which has evolved over the years. They arise from usage, or agreement and they are observed not because the courts will enforce them, but because political expedience and respect for tradition demand their observance.
They are primarily concerned with the relationship between the Crown (or monarch), the executive and the legislature. British Constitution has many political conventions. For example:
· The Prime Minister alone advises the monarch on a dissolution of parliament
· The monarch grants the Royal Assent to all legislation. (Since the early 1700s. Previously monarchs could and did refuse or withhold the Royal Assent.)
· The House of Lords should not reject a budget (money bills) passed by the House of Commons.
· The monarch appoints and dismisses members of Cabinet but he exercises these powers in accordance with the Prime Minister«s advice.
· The monarch abstains from attending cabinet meetings.
· Parliament must be summoned at least once a year, though legally it need only meet once in three years (Meeting of Parliament Act 1694 — generally known as the «Triennial Act»); this convention is grounded firmly upon political expedience: for Parliament alone can grant the Government the funds it needs annually for the public administration.
Constitutional conventions are unenforceable in law as they are not written in any document having legal authority but they are obeyed for the practical reason of political convenience. Conventions are rarely ever broken. The person who breaches a convention is often heavily criticized. Political difficulties and public disfavor could result from a failure to observe a convention. Sometimes such breach can result in a constitutional crisis which could need to be resolved by legislation. For example, the convention that the House of Lords should not reject bills passed by the House of Commons dealing with taxation and public expenditure (money bills) was breached by the House of Lords in 1909. As a result the Parliament Act 1911 was passed. This allows a money bill to be presented for the Royal Assent without the approval of the House of Lords if it has not been approved by that House after one month.
The main advantage of unwritten conventions is their flexibility. They evolve gradually to adapt to changing political circumstances and values without the need of the formal procedure required under many written constitutions. But conventions also have a certain moral force and adherence to them is seen to.
Notes:
The word Convention has the following meanings:
(1) собрание, съезд
constitutional convention — амер. конституционный конвент
Syn: meeting, assembly
(2) соглашение, договоренность, договор, конвенция
Дата: 2019-02-02, просмотров: 465.
