The separation of powers (the UK)

The state has three main functions: legislative*, executive* and judicial*. The legislature makes laws*; the executive enforce the laws* and governs* the country; the judges decide disputes* that come before them and in doing so interpret the law* and apply* it do the facts of the case* they have to judge*.

The legislature and executive in Britain are not separate. The executive government (cabinet and ministers), who govern the country and execute the laws*, belong to the legislature. The government depends on the legislature, since by convention it must resign* if it loses the confidence* of the House of Commons. But the House of Commons also depends on the government, because if the government decides that the time has come to call a general election* the members of the House will (almost certainly) have to face re-election and may lose their seats.

The judges in Britain are more independent, since a judge of the higher court* cannot be dismissed* except when the legislature asks the Queen to dismiss him for misbehaviour. Even so, the highest judges* are members of the House of Lords, which is part of the legislature. And their independence is less important than it is in the USA, since they cannot declare that a law made by the legislature is against the constitution and so invalid*.

Notes

legislative - законодательный

executive — исполнительный

judicial — судебный

make laws — создавать законы

enforce laws — обеспечивать соблюдение и исполнение законов

govern — управлять

disputes — ссоры, разногласия

interpret the laws — толковать законы

apply laws — применять законы

case — дело (судебное)

judge - судить

execute laws — исполнять законы

resign — уходить в отставку

confidence — доверие

general election — всеобщие выборы

higher courts — верховные суды

dismiss — увольнять

highest judges — верховные судьи

invalid — юридически недействительный; не имеющий силы

CHECKS AND BALANCES

Two ideas underlie* the separation of powers*. The first is that, to avoid* too much concentration of power*, the same people should not legislate, govern and judge. Each branch of the state should be independent of the others*. But if each branch is independent of the others, the danger is that they will each go their own way* and abuse their powers*. To avoid this, a second idea comes into play*. There should be some way in which each branch can be kept in check* by the others.

The American constitution adopts both these ideas. The three branches of the state are separate. The legislature is the Congress, consisting of an upper house (Senate) and a lower house (House of Representatives). Executive power is in the hands of the President, who heads the government. Judicial power is in the Supreme Court. No one can be both a legislator and a member of the government, or a legislator and a judge, or a member of the government and a judge. The three branches are separate in that no one can belong to two of them at a time. But each can be checked by the others if it abuses its powers.

Notes

underlie — лежать в основе

the separation of powers — разделение полномочий

avoid — избегать

concentration of power — сосредоточие власти

be independent of the others — быть независимым от других

go one's own way — идти (развиваться) собственным путем

(образом)

abuse their powers — злоупотреблять властью come into play — зд. возникать, появляться на арене be kept in check — находиться под контролем

CITIZEN

Citizen is an individual member of a political Society or state. In the republics of antiquity*, the term citizen signified not merely a resident* of a town but a free, governing member of the state. Greek citizen had the right to participate in both the legislative and judicial functions of their political

community. In ancient Rome two classes of citizens were recognized. The first possessed the rights of citizenship; the second possessed these rights and the additional right to hold state office*.

In the United States the word citizen is used in its broadest sense*. An individual may be at once a citizen of the United States and of the state in which he or she resides. However, the citizen owes first and highest allegiance* to the federal government. A citizen of the United States may be native-born* or naturalized*. A naturalized citizen was originally a subject of a foreign state but has become a citizen of the United States. A person may also hold dual citizenship, meaning that two different nations officially recognize that person as a citizen. This occurs most commonly when a child is born in one country and the parents hold citizenship in another.

Notes

republics of antiquity — античные общества

resident — житель

hold state office — занимать должность в государственном

учреждении

in its broadest sense — в самом широком смысле allegiance — обязательство верности и повиновения nature-born citizen — гражданство по рождению naturalized citizen — натурализованный гражданин

Ответьте на вопросы.

1. What is a state?

2. What does the law of the state consist of?

3. In what way do the laws of states differ?

4. What do the laws of states have in common?

5. Name the branches of the states and their functions.

6. Give possible reasons for dividing power.

7. Whom do defense and foreign policy belong to in a typical federation?

8. What certain basic structures are shared by all the US states?

9. Does the Constitution limit the federal government to specific powers
and why?

 

10. Is education the concern of the US states?

11. Is there national police force in the US?

12. Give examples of some areas which are the concern of American
cities, towns and villages.

13. Give examples of the complex character of the Russian federalism.

14. What makes the Russian federalism such a sophisticated design?

15. What is the role of treaties on power delegation in the RF?

16. What is one of the main federalism development problems in the RF?

17. What have the Declaration of State Sovereign guty and the Federative
Treaty confirmed?

18. What two treaties were signed in 1994 and what did they specify?

19. When and in what document was the order of conclusion of the
treaties and agreements between the subjects of the federation
established?

20. How does the law require to key all the legal acts?

21. Explain the asymmetrical federative structure of the Russian
Federation.

22. The legislature and executive in Britain are not separate. Explain this
statement.

23. Why are the judges in Britain more independent?

24. Name and explain the three main functions of the US.

25. In what cases can the President veto legislation passed by Congress?

26. What power concerning a passed law does the US Supreme Court
possess?

27. What two ideas underline the separation of power?

28. In what way does the American constitution adopt both these ideas?

29. Who is a citizen?

30. What did the term "citizen" signify in the republics of antiquity?

31. Give the sense of the word "citizen" in the US.

32. Who is a native born citizen?

33. Who is a naturalized citizen?

Unit Four