Text: The Bodies of Government in the United Kingdom

Great Britain is a monarchv, but the Queen of Great Britain is not absolute, but constitutional. Her powers are limited by •Parliament. But the power is hereditary, and not elective.

The power of the monopolists over the Parliamentary government in Britain is achieved in three main ways: f) by direct representation in Parliament by businessmen and by politicians supporting businessmen; 2) by direct influence over the Cabinet, the supreme organ of the British Government which controls Parliament; and 3) by initiation, control and amendment of legislation in which they are interested.

("The British Political Svstem" by J.Gollan)

The bodies of government in the United Kingdom are: those of the legislature, which consists of the Queen in Parliament and is the supreme authority of the country; those of the executive and those of the judiciary.

The executive bodies consist of I) the Cabinet and other ministers of the Crown who are responsible for directing national policv; 2) govern• ment departments. who are responsible for administration at the national level; 3) local authorities who administer and control many services at the local level; and 4) statutory boards, who are responsible for the operation of particular nationalized industries or public services. The highest judicial body in the English judicial svstem is the House of Lords.

The Prime Minister is usually the leader of the party that has a majoritv in the House of Commons. The Prime Minister usually takes policy decisions with the agreement of his Cabinet (a committee of leading Ministers). Each new Prime Minister may make changes in the size of his Cabinet and may create new ministries or make other changes. The Prime Minister holds Cabinet meetings at his (her) house at number 1 0 Downing Street, which is very near the Houses of Parliament in Westminster.

("Everyday English for Foreign Students" by S.Potter. "The Encyclopedia Britanica")

Ex. 7. Make up 7 sentences and try to say each of them by heart:

1. The executive bodies of Great

Britain consist of

2. Local authorities.

3. The bodies of the legislature con-

1. the Queen in Parliament.

2. usually takes policy decisions with the agreement of his Cabinet. 3. is in the hands of the tiny sec-

sist of	tion of rich propertv owners.
4, The Cabinet and other ministers of the Crown	4. are hereditary, not elective.
5. The entire constitutional and state	5. a) the Cabinet and other minis-
apparatus	ters of the Crown; b) government departments; c) local authorities and d) statutory boards.
6. The Prime Minister	6. control many services at the local level.
7. The powers of the Queen	7. direct national policy,

Ex. 8. Say if it is right or wrong. Give a full answer:

The British state is a federal republic.

2. Both the economic and political power are in the hands of the tiny section rich property owners.

3. The British constitutional system has developed as an expression of the rule of the working class.

4. Great monopolies control the land, industry, finance and trade in Great Britain.

5. Businessmen represent the monopolists in Parliament, influence the Cabinet and control the legislation.

6. There are two branches of power in Great Britain: the legislature and the executive.

7. The Supreme authority of the UnitedKingdom is the Cabinet.

8. The Cabinet and other ministers of the Crown direct national polIcy.

9. The highest judicial bodv is the House of Lords.

Ex. 9. Speak on:

1) Great Britain as a monarchy and the powers of the Queen;

2 the Prime Minister and his (her) powers;

3 the legislative branch of power,

4 the executive bodies;

5 the branches of power in Great Britain.

Ex. 10. Ask your mate questions on the topic "The Bodies.of Government in the United Kingdom". Mind the

word order in interrogative sentences: Model:

Gen e ral Questions:

[s the power of the Queen elective?

Does the Prime Minister change the Cabinet?

Spec ial qu estions:

What kind of state is Great Britain?

[n what way do the monopolists achicve their power ever the government?

Where does the Prime Minister hold Cabinet meetings? Mind th e int e rrogative pronouns:

who, what, how, whv, whose, where, when, what kind of...

Ex. I l. Read the text "Outlines of Constitutional Law" and find the sentences which explain the following:

a) "unwritten" Constitution;

b) "flexible" Constitution;

c) theory and practice concerning English constitutional law are divergent;

d) differences between the English and American Constitutions.

Ex. 12. Translate the text:

"Outlines of Constitutional Law"

(after Chalmers and Asquith's)

To understand English constitutional law it is necessary to study numerous documents, including constiLutional treaties like the Bill of Rights, various slatutes and judicial decisions and others. But the whole Of the Constitution of Britain will not be found in any of these documents. The English constitution, though partly written, is yet to be regarded as 'unwritten" from the standpoint of constitutiona] lawyers, as it is not codified as a whole in any particular document or documents. The English Constitution is considered to be flexible because Parliament can "make or unmake" any law' by the same procedure and with the same ease.

The Constitution is not the source of the law, but the law gives birth to the Constitution.

Though the King (Queen) is the nominal Sovereign, any particular

Parliament during the period of its existence is legally supreme.

In England the rights of the subject are mostly deduced from actual decisions in which remedies have been afforded fòr their invasion. Thus it is sometimes said that under the English Constitution the remedy precedes the right.

In administering justice the Judzes enjoy little arbitrary power, The law which they administer is defined bv statutes and other documents having statutorv validity", and by judicial precedents.

Theory and practice concerning English constitutional law are divergent. as it is seen from the (Ol'owing illustrations:

1. In theory the Sovereign is to be an active party to the making of laws. but in practice he has a shadowy veto.

2. In theorv every Lord of Parliament is a Judge of the House of Lords, entitled to take part in appeals from the lower Courts; in practice he always absents himself unless qualified by statute to sit there as one of the quorum'".

3. [n theory certain persons (e.g. Lord Mayor) are invested with judicial powers at trials in the Central Criminal Court, but in practice they don't take part in judicial work lherc.

4. In theory certaifl public departments are supposed to bc controlled by boards consisting of various high officials (e.g. the Board of Trade), but the real head is a single Minister of the Crown (e.g. the President of the Board of Trade).

5. Finally, Legislature and Executive are joined toaether by a connecting chain — the Cabinet.

Certain important Conventions control the entire working 01 the Constitution. These Conventions relate to the duties of the King as a person. the duties of the Ministers of the Crown and so on. Differences between the English and American Constitutions:

l. In America the President is in practice tnore of a ruler than the English King but his legal are more restricted

2. The President can veto legislation, and the English King has legaily an absolute but in practice a verv shadowv power of veto which has not been exercised since long times,

3. The English Constitution is flexible, the American

England all laws can be altered with ease, and in America complicated machinery is necessaty for the alteration of the Constitution.

4. The American Constitution is written: the English Constitution is unwri tten.

5. The English Crown is inherited; the American President is elected fòr a term.

6. The American President is not dependent on the vote of the Congress; in England the Cabinet is dependent on the vote of the House of Commons. In America, therefore, the Executive is not responsible to the Legislature. England is the only country possessing hereditary legislators. Notes:

l. can "make or unmake" anv law MOM-:e-r COCTaBHTb HJIH aHHYf1HPOBaTb JIFOÕOÏ 3aKOH

2. having statutory validity — HMemune CHJIY 3aKOHa

3. he always absents himself unless qualified by statute to sit there as one of the quorum — OH Bcer-Aa YKJIOHqeTC*, KPOMe rex cnyqacg, K0PAa 3aKOH Y110JIH0M011HBaer ero 3aCCAatb 06ecneqeHnq KBopYMa.

Ex. 13. Find the answers in the text and read them:

What is it necessary to do in order to understand English Constitutional law?

Why is the English Constitution to be regarded as "unwritten' from the standpoint of constitutional lawyers?

3. Is the English Constitution rigid or flexible?

4. The Constitution is the source of the law, isn't it?

5. What power do the judges enjoy in administering justice'?

6. What law do the judges administer?

7. What can you say about theory and practice concerning English constitutional law?

8. In what wav are the Legislature and Executive joined together?

9. What are the main differences between the English and American Constitutions?

10. Can all laws in the USA be altered with ease?

l l. The Executive in America is responsible to the Legislature, isn't it?

12. What country possesses hereditary legislators?

13. Who is more of a ruler in practice: the President in America or the English King?

14. In which document can you find the whole of the Constitution of Britain?

15. Why is the English Constitution considered to be flexible?

16. Is the Sovereign an active party to the making of laws in prac-

Ex. 14. Read and translate the following sentences paying attention to modal verbs and their equivalents:

In order to understand English Constitutional law you should study numerous documents, various statutes, judicial decisions and others.

2. You needn't hook for the Constitution of Great Britain in one document; it is not codified as a whole in any particular document.

3. The English Constitution is flexible because Parliament can "make or unmake" any law by the same procedure and with the same ease.

4. Sometimes it may be said that under the English Constitution the remedv precedes the right,

5. To administer justice the Judges have to enjoy little arbitrary power because the law which they administer is defined by statutes and bv judicial precedents.

6. Theory and practice are divergent and it can be seen from a num. ber of illustrations.

7. The judges ought to act according to the law.

8. [n theory certain public departments are to be controlled by boards (e.g., the Board of Trade), but the real head is a single Minister of the Crown (e.g., the President of the Board of Trade).

wro B d»opMe c^rrpaaaTeJ1bHoro 3a.nora B oapeaeneHHfl nepeB0AhTcg Ha PYCCKHÜ onpuenwre"b-

Hb1M npnaaTOHHb1M npeA.110N0fIHeM, tae cKa_3yeMoe

MOAC1bHOCTb HYXHO, aeýCTBHe, 0THocHlueecq K 6_vavrtteMv.

E.g. The subject to be discussed at our lesson today is devoted to the English Constitution.

(Te.Ma, K0Topaq 6yaer ceroAH51 Ha HameM 3aHHTMH, noc.BR\.ueHa aHrJIMViCKOä KOHCTHTYUUH).

The Constitution of Great Britain to be regarded as "unwritten" will not be found as a whole in any particular document. (AHrnq1ÄcKY'¥0 KOHetHTyumo, ROTOPYK) caenyeT CllHTaTb "IlenucaH0ü", He HañneTe HH B kaKOM KOHKPeTHOM ROKYMeHTe).

Ex. 15. Read and translate the sentences with Infinitive Passive:

The English Queen to be regarded as the supreme authority has in practice a very shadowy power of veto.

2. The British Constitution to be studied in numerous documents is not codified in any particular document.

3. Justice in this country to be administered by judges equally greatly depends on the amount of money a person has.

4. Ministers of the British Cabinet to be appointed formally by the Queen, but in practice by the Prime Minister, are responsible for every part of the government's administration.

5. The facts about the crime to be obtained by the investigator can be given by the witnesses.

6. The evidence to be preserved för court may be found in the crime scene.

7. The person to be interviewed tnust be prepared to give information.

8. One remarkable future of the English legal system to be taken into consideration is that an important part of the law has never been debated by any Parliament.

9. The plans to be fulfilled by the end of the year arc majestic.

Ex. 16. Read the dialogues and translate them:

I am a first-year student. In fact know too little about the English constitutional law. And L ^td like to know more about it.

If you want to have an idea-of the English constitutional law, you should study numerous documents, in eluding constitutional treaties like thc Bill of Rights, various statutes, judicial decisions and others.

Oh, realty? And is it codified in any particular document?

No S'Rh thing. The English Constitution is to be regarded as unwritten".

— The English Constitution is flexible. How can it be explained?

It is because Parliament can easily "make or unmake any lau•'. Then, the rights of the subject are mostly deduced from actual decisions in which remedies have been afforded for their invasion,

Thus we may say that under the English Constitution the remedy precedes the right.

That's true. The history of many lawful decisions illustrates this saying.

111. I've heard legal status of the subject says that all men in Eng-

land (the King excepted) are equal in the eve of the law. And what occurs in practice?

You sec, in practice there are rnanv restrictions of the rights. For example, it depends on the position which a person

, occupies. In other words it greatlv depends on the amount of money the person bas.

And what about personal freedom of the subject?

Thev sav that under their Constitution libertv doesn't need to invoke (B3blBaTb K...) the authority of anv formal wrillen law. Every man is supposed 10 do what he will except the law otherwise provides.

Do your written translation with the help of a dic tionary:

CONSTITUTION OF THE UNITED STATES

We the People of the States. in Order 10 form a more perfect Union, establish Justice. ensure domestic Tranquilitv. provide fòr the common defence. promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posteritv, do ordain and establish this Constitution for the United States of America.

Ex 18. Read and speak on:

US CONSTITUTION

The US Constitution is the framework of our government. It establishes the executive, legislative, and judicial branches. It is also the supreme law ol' the land, which all public officials are bound bv oath to enforce. N:loreover, the Constitution guarantees each American certain basic

One remarkable tèature of our is its endurance. It is the oldest written national constitution In use in the world. Another remarkable feature of the Constitution is its ability to adapt itself to changing conditions.

Our founding fathers knew that the Constitution might have to be changed. So they provided two methods of proposing amendments: bv a two-thirds vote of both houses of Congress or by a national convention called by Congress at the request of the legislatures in two-thirds of the states. Once proposed, an amendment does not take effect unless it is rati-

fled either by the legislatures in three-tburths of the states or by special ratifying conventions in three-fourths or the states.

The original Constitution, adopted in 1787, contained onlv a tèw provisions guaranteeing individual rights. However, citizens pressured their leaders to add a Bill of Rights. In response, the first amendments were adopted by Congress in 1791 and then quickly ratified by the states.

These first 10 amendments contain most of our basic rights. The First Amendment protects the freedoms oc religion, speech. press, assembly, and petition. The Second Amendment protects the right to bear arms. The Third Amendment protects against quartering of soldiers in private homes, and the Fourth Amendment protects against unreasonable searches and seizures.

The Fifth Amendment provides a right to due process of law and gives rights to accused people, including protection against selfincrimination. The sixth Amendment provides the rights to a lawver, an impartial jury, and a speedy trial in criminal cases.

The Seventh Amendment provides for jury trials in civil cases.

The Eighth Amendment bars cruel and unusual punishment and excessive bail or fines. The Ninth Amendment declares that the rights spelled out in the Constitution are not all the rights that people have. Finally, the Tenth Amendment reserves to the states and the people any powers not belonging to the federal government. (The full text of all 26 amendments can be found in Appendix A.)

The Bill of Rights was designed to protect Americans against the power of the fëderal government. Nothing in the Constitution specifically requires state governments to abide bv the Bill of Riohts. But in interpreting the Fourteenth Amendment, passed after the Civil War, the Supreme Court has extended most Bill of Rights protections to the states,

In addition to the Bill of Rights, later amendtnents provide other important rights. The Thirteenth Amendment forbids slavery and outlaws involuntary servitude, except as a punishment for crime. The Fourteenth Amendment requires equal protection of the laws for all citizens. It also provides that no state can deprive any citizen of life, liberty, or property without due process of law'.

Several amendments protect and broaden the right to vote. The Fit: teenth Amendment forbids denying the right to vote based on race or color. The Nineteenth Amendment gives women the right to vote. The Twentv„fourth Amendment gives citizens of Washington D.C. the right to vote in presidental elections, and the Twenty-sixth Amendments gives all people 18 years of age or older the right to vote.

("Street Lai.v")

Lesson 6. POLICE WORK IN THE UNITED STATES, 'BRITAIN. INTERPOL

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