2018-01-21
1995
English Constitution is the law of Britain providing for the form and powers of government*. The English constitution is not a systematic written statement of law, but consists of a body of statutory law*, customs* and judicial interpretations*. As an example, English law makes no provision* for the Cabinet of the British government. The Cabinet originated in the 15th century and developed to its present status as the executive branch of the government. Unlike constitutions that make explicit provision for their amendment* and are often difficult to change, the English constitution may be changed easily. It has been altered in the past, by an act of the British Parliament or by judicial interpretation.
Parliament is British legislature of the United Kingdom of Great Britain and Northern Ireland. It consists of the Crown, the House of Lords, and the House of Commons, but in common usage it refers only to the Lords and Commons. Cabinet members, including the Prime minister, are members of one house or the other and are responsible to the House of Commons. The House of Lords is the highest court of appeal* in Britain's judicial system*.
COMMONS AND LORDS
The House of Commons has 651 elected members. Elections are set by the prime minister but must be held at least every five years. Because of the strict party discipline, important decisions are often made in less formal meetings of the cabinet and party caucus*.
The House of Lords, with about 1200 members is made up of the bishops of the Church of England and the hereditary* and life peers*, all of whom are appointed by the Crown. Its power is limited to delaying money bills* for 30 days and other bills for one year. As a court of appeal, its deliberations are limited to those peers with judicial experience.
Notes
form and powers of government — структура и полномочия
правительства statutory law - статутное право (основанное на законодательных
актах)
customs - обычаи
judicial interpretations — судебное толкование provision — условие, положение an amendment — поправка
highest court of appeal — высший апелляционный сул
judicial system — судебная система
party caucus - партийное собрание
hereditary and life peers - наследственные и пожизненные пэры
delay money bills - откладывать финансовые проекты законов
MONARCHY
Political stability owes much to* the monarchy. Its continuity has been interrupted only once (the republic of 1649-60) in over a thousand years.
Today the Queen is not only head of State, but also an important symbol of national unity.
The monarchy provides a point of stability which is very important for political life.
The UK is a constitutional monarchy. It means that it is the country that has the Queen and a democratically elected government.
The Queen is technically Head of State but as a constitutional monarch she has little power. Although the constitutional monarch legitimizes a government* and has to approve government decisions, in fact these duties are largely symbolic. The Queen follows the advice of parliament, although if she disapproves of government policy she can express her opinion to the prime minister, as they have a meeting together once a week and she receives copies of all cabinet papers. But there is a well spread opinion that the Queen basically does what the government tells her to do.
In law the Queen is head of the executive, an integral part of the legislature, head of the judiciary, the commander-in-chief of all the armed forces of the Crown and supreme governor* of the established Church of England.
Her role as Head of State is largely ceremonial - an example is the annual opening of Parliament by the Queen, when she delivers a speech setting out her Government's plans for the coming year. She gives the Royal Assent* to laws passed by Parliament.
Notes
owes much to — многим обязано
legitimize a government — узаконивать, признавать законным
правительство supreme governor - глава Royal Assent — королевская санкция
CONGRESS (THE USA)
Congress, the legislative branch* of the federal government, is made up of* the Senate and the House of Representatives. There are 100 Senators, two from each state. One third of the Senators are elected every two years for six-year terms of office*. The Senators represent all of the people in a state and their interests.
The House has 435 members. They are elected every two years for two-year terms. They represent the population of "congressional districts" * into which each state is divided. The number of Representatives from each state is based upon* its population. For instance, California, the state with the largest population, has 45 Representatives, while Delaware has one. There is no limit to the number of terms a Senator or a Representative may serve.
Almost all elections in the United States follow the "winner-take-all"* principle: the candidate who wins the largest number of votes in a Congressional district is the winner.
Congress makes all laws, and each house of Congress has the power to introduce legislation. Each can also vote against legislation passed by the other. Because legislation only becomes law if both houses agree, compromise between them is necessary. Congress decides upon taxes and how money is spent.
Notes
legislative branch — законодательная ветвь власти
is made up of — состоит из
six-year terms of office — шестилетний срок полномочий
congressional districts — избирательные округа (в Конгресс)
is based upon — основан на
winner-take-all — победителю достается все
RUSSIAN FEDERATION: LEGISLATURE
The Federal Assembly is Russia's bicameral* national legislature. It is composed of an upper house, called the Council of the Federation*, and a lower house, the State Duma*.
The Council of the Federation has 178 members — two representatives from each of the 89 administrative units that make up the Russian Federation.
The State Duma has 450 members. Voters elect half of the Duma members by casting a vote* for a specific party listed on the ballot*; these 225 seats are divided among the qualifying parties* by proportional representation. The other 225 Duma members are elected individually from electoral districts throughout the country.
Each of Russia's 89 constituent units* has at least one electoral district; some densely populated units* have more than one. In the December 1995 legislative elections, each party on the ballot needed at least 5 percent of the vote in order to gain representation* in the State Duma. Prior to the 1995 elections, legislators served two-years terms; in 1995 they began serving four-year terms, as mandated by the constitution.
Notes
bicameral — двухпалатный
Council of the Federation - Совет Федерации
State Duma - Государственная Дума
cast a vote — отдать голос
on the ballot — в бюллетене
qualifying party — партия, обладающая цензом
constituent units — избирательные округа
densely populated units - густонаселенные округа
gain representation — завоевать представительство
RUSSIAN FEDERATION: EXECUTIVE
Power is concentrated in the executive branch, which is headed by a President. He or she is directly elected by the people to a four-year term and cannot serve more than two consecutive terms*. The President serves as the commander in chief of the armed forces and chairs the Security Council, which is the central decision-making body for matters of defense. With the Defense Minister, the President has control over Russia's nuclear weapons. The President appoints the Prime Minister, who is second in command. The appointment is subject to* ratification by the State Duma, the lower house of Parliament; if the State Duma rejects* the candidate for prime minister three times, the president can dissolve the legislature* and call for new elections. The president has the right to dissolve the legislature under certain other conditions as well. In the event of the president's death or permanent incapacitation*, the Prime Minister temporarily takes on the President's duties, but new presidential elections must be held within three months.
Notes
two consecutive terms - два последовательных срока
is subject to — подлежит
reject — отвергать
dissolve the legislature - распустить законодательный орган
permanent incapacitation - длительная нетрудоспособность
285 Ответьте на вопросы.
1. What does the English Constitution consist of?
2. When did the Cabinet originate?
3. Why can the English Constitution be changed easily?
4. Give the structure of British Parliament.
5. What is the role of the monarchy in the UK?
6. What are the functions of the Queen?
7. How are proposals for legislation and draft laws adopted in the UK?
8. What is Congress made up of?
9. How long is the term of office for a Senator and a Representative?
10. Who is represented by the Senators?
11. Who is represented by the House of Representatives?
12. What is the structure of the Russian Federal assembly?
13. How many members are there in the Council of the Federation?
14. How many members are there in the State Duma?
15. How are the deputies elected?
16. How is the President elected in the R.F.?
17. Whom does the President appoint?
18. What happens if the State Duma reject the candidate for Prime-
Minister?
Unit Five
COURTS
Courts, branch of government are established to administer Civil Law and Criminal Law. The term court is also applied to international tribunals intended to provide for the resolution at law* of controversies* among governments, such as the International Court of Justice, established by the United Nations (UN) in 1945, after World War II.
Courts are classified in many ways. Among the general classifications are courts of record* and courts not of record*, courts of superior jurisdiction* and courts of inferior jurisdiction*, trial courts* and appelate courts*, and civil courts* and criminal courts*. In courts not of record, no detailled record is made of the proceedings. Courts of superior jurisdiction, often called higher courts or appellate courts, are generally those to which appeals are made from decisions of courts of inferior jurisdiction, referred to* as lower courts or trial courts. Civil and criminal courts deal with infractions* of the civil law and criminal law, respectively. Courts with special, limited jurisdictions — such as military courts* — are known by the names of these jurisdictions. Other courts are designated* by the territorial limits of their jurisdictions; these include the state courts of the United States.
EARLY COURTS
Archaeologists and anthropologists have establishted the existence of courts in simple societies over wide areas of Asia, Africa, and Europe. Primitive courts formed part of a complex social structure in which administrative, judicial, and religious functions were intermingled*. In the highly developed civilizations of the ancient worlds, notably those of Assyria and Egypt, judicial and executive functions were undifferentiated and centralized in the monarch as head of state. The ancient legal document known as the Code of Hammurabi provides insight* into the Babylonian courts of the 18th century ВС.
The judicial system of ancient Athens introduced the right of aggrieved litigants* to appeal the decisions of magistrates to the people of Athens, assembled as a heliaia (public assembly). In ancient Rome, criminal, civil, and other jurisdictions were differentiated and were exercised by separate courts and officials.
Notes
at law — в соответствии с правом; в силу права
controversies — споры
courts of record — суды письменного производства
courts not of record — суды не письменного производства
courts of superior jurisdiction — суды высшей инстанции
courts of inferior jurisdiction — суды низшей инстанции
trial courts - суды первой инстанции
appellate courts — апелляционные суды; суды второй инстанции
civil courts - гражданские суды
criminal courts — уголовные суды
referred to — зд. обозначаемые
infractions - нарушения
military courts — военные суды
designate — определять, устанавливать
intermingle — переплетать, смешивать
insight — взгляд во внутрь
aggrieved litigants — пострадавшая сторона
WESTERN EUROPEAN TRIBUNALS
Medieval courts were an outgrowth* of the tribal courts* of the Germanic peoples. As the Germanic tribes organized into territorial states, the primitive tribal courts increased in number and became differentiated. In the 8th century AD the Germanic territorial states were part of the realm of Charlemagne, who initiated the practice of dispatching royal commissioners* to examine the functioning of local courts and to supplement* the justice they dispensed*.
When the Normands conquered England in 1066, they imposed the Carolingian judicial system on the Anglo-Saxons. A long straggle between the king and the nobility ensued*, and judicial supremacy eventually was won by the Crown. Before this victory, however, King John had been compelled to sign the Magna Carta (1215), which initiated the gradual separation of judicial from executive and legislative governmental powers. Like many other features of the English judicial system, this separation of powers was incorporated into the courts of the New World. Centuries after the signing of the Magna Carta, the British Parliament acquired appellate jurisdiction over both civil and criminal cases. This function was subsequently confined to* the House of Lords.
The essential features of the French judicial system were established after the French Revolution of 1789 by the Code Napoleon. Many European and Latin American judicial systems are modeled on that of France.
In some Islamic countries of the Middle East, such as Saudi Arabia, justice is dispensed by specially trained priests* in conjunction with* the king, or sultan. In other Middle Eastern and Asian countries the courts operate similarly to those of the West - that is, as relatively independent institutions within a parliamentary framework.
W&fes
outgrowth — перерастание
tribal court — общинные суды
royal commissioners — королевские посыльные
supplement - дополнять
dispense — отправлять (правосудие)
ensure — происходить в результате
confine to — зд. предоставлять
trained priests — обученные священники
in conjunction with — совместно с
