2018-01-21
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Text 9
1. When was the US Constitution first written?
2. In what way can it be changed?
3. How can the rules of the British constitution be changed?
A constitution is a set of rules which define the relationship between the various organs of government and between the government and citizens of a country. Its purpose is to set the parameters of governmental power and the rights and duties of the citizens. Therefore, the constitution of any individual country will determinate the system of government in this country.
Before we go on to examine the nature of the British constitution it is important that you have a clear understanding of what is meant by the 'organs' or 'institutions' of government. In this context we mean the executive, the legislature and the judiciary. In addition, in the United Kingdom, the monarch has an important constitutional role as head of state.
Because the rules of the constitution are laws of fundamental importance, they are often included into one written document. For example, the Constitution of the USA was written in 1787 and it is the fundamental law
of America today. The US Constitution like many other written constitutions cannot be changed easily — any change which is called "amendment" (поправка) must be approved by Congress.
The British Constitution is not written but it does not mean that it is not important constitutional document. It means that it is not a single document containing the constitutional laws. But since there is Parliament in the U.K., it can change any law by a simple parliamentary Act. But the British courts are always careful to protect the subject.
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Text 10
"WHY DID MONTESQUIEU" ADMIRE THE BRITISH CONSTITUTION?"
Many European admired the British constitution in the eighteenth century. They were impressed by the degree of liberty enjoyed (пользоваться свободой) by British subjects and by the growing power and wealth of the British Empire. One admirer of the British constitution was the French philosopher Montesquieu. His interpretation of the British constitution had a great influence on the Founders (основатели) of the USA.
Montesquieu admired (восхищаться) what he believed to be the "mixed" nature of the British constitution, which included the best of monarchy — the king or queen, aristocracy — the House of Lords, and democracy — the House of Commons. This constitution was, he believed, a modern example of the classical republican model of government. Montesquieu also saw in the British constitution the principle of separation of powers in government, whereby the executive, legislative and judicial powers are independent of each other.
To some extent, however, Montesquieu misinterpreted (неправильно понимать) how the British constitution worked. It was not as "mixed" in its composition as he believed. Both the House of Lords and House of Commons in the eighteenth century were aristocratic.
Moreover, the three branches of government were not fully separated. The monarch through his or her ministers took an active part in the affairs of Parliament. English judges also were considered part of the executive branch.
The British constitution creates a balances of power between monarch and the two houses of Parliament to interpret the law fairly (справедливо применять законы). This balance of power was a first step toward the idea of separation of powers and checks and balances in American Constitution.
Part Two
Introduction to Law
* Montesquieu — Монтескье (1689-1755), французский философ, просветитель.
Unit One
Ex. 1. Приведите однокоренные русские эквиваленты.
limit, form, phenomenon, penalty, referee, incident, detail, gravity, economics, religion, compensation, concentration, corruption, instruction, natural, social, civil, general, ignore, criticize, legal.
Ex. 2. Переведите, обращая внимание на суффиксы, и скажите, от какой части речи образованы эти слова, actually, continually, penalty, instruction, government, driver, descriptive, prescriptive, educational, social, legal, national, cultural, punishment.
Ex. 3. Выучите следующие слова и выражения.
law — закон, право
to enforce laws — проводить законы в жизнь
descriptive law — описательный закон
prescriptive law - предписывающий закон
to make laws - создавать законы to punish — наказывать
punishment — наказание to commit a crime — совершить преступление to presecute — преследовать в судебном порядке
presecution — судебное преследование violence — насилие offence — проступок justice - правосудие to escape justice — избежать правосудия a rule — правило
to break a rule — нарушить правило a penalty — наказание
to suffer a penalty - понести наказание a fine — штраф
to fine — штрафовать a civil action - гражданский иск to accept — принимать to belong - принадлежать to consider — считать, рассматривать to demand — требовать to deal with — иметь дело с
to do with smb/smth — иметь отношение к кому-л. или чему-л. a custom — обычай
Ex. 4. Прочитайте и переведите текст. WHAT IS LAW?
