Text 1 What is Constitutional Law

There is no hard and fast definition of constitutional law. According to one very wide definition, constitutional law is that part of the law which relates to the system of government of the country. It is more useful to define constitutional law as the system of laws which regulate the structure of the principal organs of government and their relationship to each other and to the citizens, and determine their main functions. It is increasingly recognised that in most branches of law, the purpose and operation of legal rules can be understood only with the knowledge of the social background against which the legal rules operate. Legal procedures for the resolution of disputes* arising within a family, a trade union or a limited company are an incomplete guide to the role of these institutions in society.

A further problem of definition is that, unlike legal system in which law is divided up into a series of codes, in Britain there is no hard and fast demarcation between constitutional law and other branches of law. For example, in the field of family law, important protection for family life is given by the European Convention on Human Rights, and family status is an important basis for many rules of immigration control.

So the Constitutional law may be also defined as one branch of human learning and experience* that helps to make life in today’s world more tolerable and less brutish* than it might otherwise be.

Notes:

the resolution of dispute	– решение спора
one branch of human learning and experience	– одна область человеческого познания и опыта
make life in today’s world more tolerable and less brutish	– сделать жизнь более терпимой и менее жестокой

Task I. Answer the questions on the text.

1. How is it possible to define Constitutional Law?

2. How can the purpose and operation of legal rules be understood?

3. There is an accurate demarcation between constitutional law and other branches of law in Britain, is not there?

4. In what way is family protection given?

Task II. Agree or disagree with the following statements:

1. Constitutional law refers to the system of economic relations.

2. Important protection of family life is given by the European Convention on Human Rights.

3. The functioning of the British legal system is of no concern to Constitutional law.

Text 2 Judiciary

The highest judicial body of the Russian Federation is the Constitutional Court, composed of 19 judges who are appointed by the President and approved by the Council of the Federation. The Constitutional Court’s mandate is to rule on* the constitutionality of legislative and executive actions. In the 1990s the Constitutional Court tried unsuccessfully to mediate* the conflict between the legislature and the president. With the adoption of the 1993 Constitution, the Constitutional Court’s powers were reduced and its membership was changed.

Below the Constitutional Court are the Supreme Court and the Supreme Arbitration Court. The Supreme Court rules on civil, criminal, and administrative law, and the Supreme Arbitration Court handles economic suits. As with the Constitutional Court, judges for these high courts are appointed by the president and approved by the upper house of the legislature. The 1978 constitution had established life terms* for judges, but the 1993 constitution changed appointments of high court judges to 12-year terms. By law, all judges in Russia are independent and cannot be removed from office*.

Notes:

rule on	– зд. следить, контролировать
mediate	– служить посредником, улаживать
life term	– пожизненная служба
be removed from office	– быть уволенным со службы

Task I. Pick out from the text the information about:

a) the judges’ appointment;

b) the function of the Supreme Court in the 1990s.

Task II. Answer the questions on the text.

1. What is the highest judicial organ of Russia?

2. Who appoints and approves the Constitutional Court in the RF?

3. Who composes the Constitutional Court?

4. What two principal systems does the Constitutional Court comprise?

5. What offences are tried by the Constitutional Court?

6. What does the Supreme Court rule on?

SELF-STUDYING

Ex. 1. Choose which word fits best.

1. The structure of the courts sometimes reflects ... (differ, different, difference) between the criminal and civil law.

2. The ... (act, enact, enacting, enactment) document was approved by the members of the meeting.

3. The relations between people are regulated by ... (prescript, prescription, prescriptive) laws.

4. The latest statistical data says that … (violate, violent, violence) crime is rising constantly in that country.

5. ... (defend, defendant, defending) is a person in a law case who is accused of having done something illegal.

6. A lot of law firms give legal … (assist, assistance, assistant) to ordinary people.

7. Jurisdictions of particular courts … (large, enlarge, enlargement) in accordance with the state constitution.

8. A jury is completely ... (independent, independence, independ) from the judiciary.

Ex. 2. Choose the proper translation of the words "that", "it".

A

a) который; b) (то) что; c) тот (а)/те; d) слово-заместитель;

1. The article that we read yesterday describes the judicial system of Russia. 2. We like that professor’s lectures very much. 3. That the English law has directly influenced the law of former British colonies is well known. 4. It should be said that the legal system of England and Wales is one of the oldest in the modern world. 5. The problem that the search commander was speaking about was to detect that dangerous criminal. 6. What is that woman? – She is our english teacher. 7. Can you compare the law system of the USA with that of other countries?

B

a) именно (в составе эмфатической конструкции); b) он (она), его (ее); c) не переводится (безличное местоимение); d) это;

1. It is the Magistrate’ Courts that try the majority of all criminal cases and some civil cases. 2. It is important for lawyer to applay the law correctly. 3. It was the detective’s mistake. 4. The Congress passed the law but the Supreme Court declared it unconstitutional. 5. It means that the judge uses the process of analogy. 6. It is written law that is only source of English law. 7. The Supreme Court is the highest judicial organ of the US and it meets in the Supreme Court Building in Washington.

Ex. 3. Choose the proper form of the verb (active or passive).

1. This grammar rule ... at the lesson now.

a) is discussing; b) is being discussed;

2. Judges ... from the most senior barristers.

a) choose; b) are chosen;

3. They ... already professional service and advice on legal matters.

a) have provided; b) have been provided;

4. The structure of the Government ... as new departments ... .

a) change; b) is changed;

a) set up; b) are set up;

5. I am sure the exams ... successfully.

a) will pass; b) will be passed;

6. Now the solisitor ... his arguments for the court.

a) is preparing; b) is being prepared;

7. His work ... by an experienced barrister.

a) supervised; b) was supervised;

8. All serious crimes ... in a superior court before a jury.

a) try; b) are tried.

Ex. 4. Choose the correct alternative.

1. The leading Russian newspapers have reported that crime problem ... in Parliament the previous week.

a) was discussed; b) is discussed; c) was being discussed;

2. Two cases of serial murders ... in the Crown Court this week.

a) were tried; b) were being tried; c) have been tried;

3. Three amendments to the Constitution ... at the last session of the Parliament.

a) were approved; b) was approved; c) have been approved;

4. This man is a witness of the case which ... now.

a) was heared; b) will be heared; c) is being heared;

5. Many changes ... over the years in the law and rules of evidence (нормы доказательного права).

a) were made; b) have been made; c) had been made;

6. The inspector says that the thief ... by tomorrow morning.

a) will be arrested; b) will have been arrested; c) was arrested;

7. According to the law ministers ... on the advice of the Prime Minister.

a) are appointed; b) were being appointed; c) has been appointed;

8. When the assistant of the prosecutor arrived at the Court, the first evidence ... .

a) was given; b) has been given; c) was being given.

Ex. 5. Write down the passive forms of the verbs.

John: Mary: John: Mary: John: Mary: John: Mary: John:

Did you hear what happened to George? No, what? When he got home he found that his house had been broken into. The window had been forced. The wires had been cut. The dog had been drugged. The safe had been opened. The papers had been removed. Money had been stolen. Have any fingerprints been found? Yes, but only George’s. Do you think the thieves will be caught? They will. The inspector says they will be arrested tomorrow. Perhaps, the papers and money will be recovered. Will George be asked to appear in court? Yes, he will. They suspect a put up (фабриковать) job.

Ex. 6. Define the types of the clauses.

1. The problem that the commander was speaking about was to investigate the case quickly. 2. A number of law institutes are functioning now where future lawyers are getting higher education. 3. Since the political regime of the country has changed, the law codes are to be changed to a new one. 4. In order that they can exercise the right to vote, American citizens at age of 18 must register as voters. 5. That the law regulates the conduct of the citizens is well known. 6. When defendants are found guilty of the crimes the judge must then determine the sentence. 7. After the detective had collected all the facts he could identify the criminal. 8. The Supreme Court determines whether the laws and acts are in accordance with the Constitution.

a) придаточное подлежащее b) придаточное определительное c) придаточное дополнительное d) придаточное обстоятельственное времени e) придаточное обстоятельственное причины f) придаточное обстоятельственное условия g) придаточное обстоятельственное цели

Ex. 7. Choose the correct conjunction.

1. (Так как) he refused to pay money for the damages, the case was brought to court.

2. Law is a method of control (который) uses its own highly specialized procedures.

3. The bill doesn’t go to other house (до тех пор пока) it will be examined in details by a committee.

4. The prosecutor changed his decision (после того как) there had been arised other facts in the investigating process.

5. (Поскольку) a decision of the Supreme Court cannot be appealed to any other court neither the President nor Congress can change it.

6. We must study the law well (для того чтобы) we can use it in practice.

7. The case (о котором) the investigator is speaking about was very interesting.

8. It is well known (что) the highest judicial organ of the USA is the Supreme Court.

a) that; b) after; c) as; d) until; e) which; f) in order.

Ex. 8. Fill in the blanks with the words from the box. Mind! Some words are odd ones.

1. laws 2. President 3. establish 4. eight associate justices 5. decisions

6. involve 7. hear 8. branches 9. judiciary 10. appealed

11. chief justice 12. jurisdiction 13. lower courts 14. approved 15. Supreme Court

The third branch of almost every government, in addition to the legislative and executive branches is ... (1). Its main instrument is the ... (2), which watches over the other two branches. It determines whether its ... (3) and acts are in accordance with the Constitution. The Supreme Court consists of a ... (4) and ... (5). They are nominated by the ... (6) but must be ... (7) by the Senate. A decision of the Supreme Court cannot be ... (8) to any other court. Neither the President nor Congress can change its ... (9). The Supreme Court has direct ... (10) in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All other cases which reach the Court are appeals from the ... (11). The Supreme Court chooses which of this it will ... (12). Most of the cases ... (13) the interpretation of the Constitution.

LESSON 5

Topic: Entering the Profession

Text A: The Profession of a Lawyer

Text B: Types of Legal Professions in Great Britain

Text C: Jurisprudence as a Career

Phonetics: Sounds: [ʒ] [dʒ] [n] [ŋk] [ŋg] [ŋ]

Grammar: Sequence of Tenses