Dialogue 2. The Significance of the Bill of Rights

Task: study the dialogue between a British and an overseas law student.

Ex. 1. Sum up the information you have learnt from the dialogue. Make use of the following.

basic instruments, the result of the struggle, provide the foundation, to be conditional on the will, arbitrary government, to be proud of, to declare illegal, royal prerogative, to dispense with the law, suspension of laws, consent of Parliament, to levy taxes, to eliminate interference, to proscribe, course of justice, to abuse one’s authority.

Ex. 2.Fill in the blanks with the appropriate words from the box.

Seating arrangements in the House of Commons have existed for hundreds of years and reflect the nature of the party system. At the end is the _____ of the Speaker, and at the end a formal barrier, known as the “____”. Benches for the members run the length of the chamber, on both ____ . Benches to the right of the Speaker are used by the Government and its supporters; those to the left are occupied by the ____ and members of the other parties. The most important ____ sit on the front bench (and are therefore called “front benchers”). Younger and less experienced MPs sit on the ____ (and are known as “back-benchers”). When the Prime Minister or any other leading politician makes a ____, they stand at the table in the center, below the Speaker’s Chair. There are red lines running along each side of the _____ . By tradition, they must not be crossed, to prevent either side attacking the other during a _____ .

Revision Translation

LISTENING COMPREHENSION

Text Monarchy

Pre-listening activities

I. Before listening make sure that you know the following:

ostentatious way = extravagant way

to be dignified = to be noble (imposing)

to swop smth for smth = to exchange

II. Before listening answer the following questions:

What countries have monarchies?

Which of these adjectives do you associate with the British monarch: ostentatious, greedy, modest, vulgar, wealthy, lazy, dignified, popular, hard-working?

Listening activities

I. As you listen to the tape, make brief notes to help you answer the following questions:

1. Does the speaker approve of:

the British monarchy?

the monarchies in general?

2. How does he compare monarchs and presidents?

3. Which monarchies does he praise? Why?

4. Does he feel sorry for the British Royal Family?

5. How does he compare monarchs and soap operas' (popular television dramas)?

6. Which of the adjectives (given above in the pre-listening activities) does he associate with the British monarchy? Is your own list different?

II. Listen again to the tape and fill in the gaps:

1. I used to ... royal families in general.

2. I think now I ... the idea of a royal family.

3. I ... them personally, if you like.

4. I think I would ... a monarchy of the sort you find in other countries in Northern Europe.

5. The problem we have with our monarchy is that … .

6. I would love to swop my job … .

7. Monarchy should set … .

After listening activities

Work in pairs and discus the following:

1. What do you see as the advantages and disadvantages of having a monarchy?

2. The speaker would swop his job for their job any day. Would you exchange lives with a member of the British Royal Family? Why? (Why not?)

3. If so, which member would you swop with?

GRAMMAR SECTION

Grammar to be revised: the Sequence of Tenses. Reported Speech.

Ex. 1. Analyse the tenses in the following sentences. Pay attention to the Sequence of Tenses rule.

1. The examiner asked him if he knew the difference between a bill and an Act of Parliament.

2. It appeared that Oliver Cromwell was going to appoint himself as Lord-Protector of the Commonwealth.

3. In 1783 a lot of people in France expected the consequence of the political revolution would be a radical change of the legal system.

4. He admitted that he had no idea of the Prime Minister’s responsibilities .

5. By the end of the Tudor period it became clear that Parliament had achieved status as the law-making body.

6. While in Southern Europe in moulding the legal system was Roman Law, in England the Saxon tribes had already developed their own legal process.

7. Nobody expected that the Privy Council would decline in importance with the development of the Cabinet.

8. The speaker emphasized that no change of policy would be considered without the Cabinet sanction.

Ex. 2. Use the proper forms of the verbs. Mind the Sequence of Tenses rule.

1. The students were explained that the basic legal framework laid down in 1688 still (to remain), but its political content, and the political balance between its main elements, the Crown, the House of Lords and the House of Commons (to change) radically.

2. The teacher stressed that Oliver Cromwell (to create) a written constitution – “The Instrument of Government” – which (to be) effective only for a few years.

3. I read that constitutionalism (to be) part of the British political tradition at least since medieval times.

4. It is believed that the Magna Carta (1215) (to regard) as Britain’s closest equivalent to a written constitution as it (to be) a source of inspiration for subsequent constitutional development both in the UK and overseas.

5. The teacher said that the ancient theory of separation of powers (to try) to combat tyranny by dividing the functions of government between groups with different interests so that no power centre (to act) without cooperation with others.

6. It was interesting to know that Australia, New Zealand and Canada each (to recognize) the Crown as their Head of State.

7. We were explained that since 1688 the functions and personal powers of the monarchy gradually (to reduce).

8. The report was devoted to the English Civil War (1642–1648) which (to be) the country’s greatest internal conflict between supporters of Parliament and supporters of Charles I.

9. The reporter stated that three Parliaments (to summon) and (to dissolve) in the first four years of Charles I reign, then 11 years he (to rule) without one.

10. He informed us that since 1688 the unwritten constitution (to attempt) to adjust the economic and social changes within the broad principles which (to lay) down in 1688.

11. He stressed that the 1688 Glorious Revolution (to be) a compromise which (to design) to satisfy all the influential political and economic interests.

12. He tried to prove that the “unwritten constitution” (to have) the “virtue of flexibility” and (to permit) both evolutionary and constitutional changes.

Ex. 3. Report the following in the indirect speech using the words suggested. Mind that the sequence of tenses rule is not always applied when direct speech becomes indirect.

Statements

Model: “We study Constitutional Law this year.” (He said…)

He said that they studied Constitutional Law that year.

1. “The Constitution of Great Britain is not the source of law, but the law gives birth to the Constitution”. (The teacher explained…)

2. “The English Constitution has not been codified in any particular document”. (The teacher added…)

3. “To understand the English Constitution you will study numerous documents, including constitutional treaties like the Bill of Rights, various statutes and judicial decisions.” (The teacher stressed …)

4. “In spite of numerous duties the Queen’s powers are limited by Parliament. The British Queen reigns, but doesn’t rule”. (The teacher said…)

5. “In theory certain persons (e. g. Lord Mayor) are vested with judicial powers at trials in the Central Criminal Court, but in practice they don’t take part in judicial work there.” (He admitted …)

6. “The Prime Minister usually takes policy decisions with the agreement of the Cabinet.” (We were explained…)

7. “Each new Prime Minister may take changes in the size of the Cabinet and may create new ministries or make other changes”. (It was reported…)

8. “The Prime Minister holds Cabinet meetings at his/her house at Number 10 Downing Street not far from the Houses of Parliament.” (We knew that…)

9. “I am the Chancellor and the keeper of the King’s conscience.” (The bishop declared…).

Questions

Model 1: The teacher asked, “Did the Magna Carta establish the principle of limited government?”

The teacher asked if the Magna Carta had established the principle of limited government.

1. Has the Queen ever dissolved Parliament during her reign?

2. Does the Prime Minister change the Cabinet?

3. Was the British Constitution codified?

4. Does Britain have written or unwritten Constitution?

5. Is the Prime Minister appointed by the Queen?

6. Is judiciary an independent branch of power in Britain?

7. Is the Cabinet the central institution of the UK constitution?

8. Do England and Wales, Scotland and Northern Ireland have their own legal systems?

Model 2: The teacher asked, “What didthe Bill of Rights prevent the sovereign from?

The teacher asked what the Bill of Rights had prevented the sovereign from.

1. What kind of state is Great Britain?

2. What does the constitution reflect?

3. How long has the British Constitution evolved?

4. What principle has been adopted by most modern constitutions?

5. What is one of the reasons for having special constitutional laws?

6. Who was the principle of separation of powers developed by?

7. How many readings does a bill pass to become an Act of Parliament?

8. Where does the Prime Minister hold Cabinet meetings?

9. What are the relationships between the legislative and the executive branches of government?

10. What does the doctrine of separation of powers mean?

11. Who is Head of the judiciary in the country?

12. Where are laws interpreted and applied?

Commands, requests, advice

Model 3: My father said, “Don’t waste your time.”

My father advised me not to waste my time.

1. “Get ready to speak about the British Constitution.” (The teacher told me …)

2. “Could you name the duties of the Queen?” (The teacher asked …)

3. “Don’t mix two notions The Law as a system and a law as an individual, separate rule.” (The teacher warned …)

4. “Don’t forget about the difference between Statute Law and Common Law.” (I was warned …)

5. “Don’t look for the British Constitution in any single document.” (I was advised…)

6. “Will you characterize the judicial branch of Great Britain?” (The students were asked …)

7. “Shall I deliver my report today or tomorrow?” (The student asked…)

Ex. 4. Express the same idea in the reported speech.

1. The teacher says, “The modern UK Constitution is usually regarded as dating from the Glorious Revolution of 1688.”

2. He added, “The main constitutional principles and institutions have been traced to medieval times or even earlier.”

3. The author stressed, “One of the main purposes of the constitution is to maintain political stability and order in the country.”

4. The lecturer declared, “The institutions of the unwritten UK Constitution have evolved over centuries.”

5. The students were explained, “The Constitution that emerged during the 17^th –18^th centuries has been described as ‘a balanced constitution’ combining the elements of monarchy, aristocracy and democracy.”

6. The lecturer said, “The notion that the powers of government of whatever form should be limited by law runs through the constitutional history.”

7. He added, “However, no one has yet succeeded in defining the ‘proper’ limits of government power.”

8. The teacher said, “The British monarch has not refused the royal assent to legislation since 1709.”

9. He added, “The concept of monarchy is ancient, originally implying that one person was given supreme authority over everyone else by God.”

10. We were explained, “All major government decisions are taken by the Cabinet, a committee of senior government ministers.”

11. The lecturer says, “By the end of the 13th century judges had developed the law and practicing bar had dominated legal education.”

12. The introduction reads, “Before the Norman Conquest legal institutions made few lasting contributions.”

Ex. 5. Say what somebody offered, suggested or advised.

Model 1: He said, “Shall I explain the distinction between a bill and an Act of Parliament?” She said, “Do please” (“No, don’t trouble”).

— He offered to explain the distinction between a bill and an Act of Parliament and she accepted the offer (declined the offer).

Model 2: He said to them, “You’d better not exaggerate the difference between these two traditions of law”.

— He advised them not to exaggerate the difference between these two traditions of law.

1. He said to them, “You’d better sue your neighbour for harassment”. They said, “No, we won’t”.

2. He said, “Shall I deliver a report on the nature of law?” The teacher said, “Do, please.”

3. He said, “You’d first consider the terms of the contract.” They said, “It’s absolutely necessary.”

4. He said, “Why not institute proceedings to obtain possession of the building?” We said, “Nothing will come out of it.”

5. He said to me, “Shall I provide you with necessary legal aid in advance?” I said, “I’ll be very much obliged to you.”

6. He said, “You’d better not support your decision by a case from another country.” They said, “Of course we won’t!”

7. He said to me, “We should first obtain sufficient legal knowledge and then start reading a statute.” I said, “You are right.”

8. Some scholars said, “Would it not make sense to combine the two sources of law?”

9. The lawyer said to me, “You should file an appeal to the House of Lords.” I said, “Nothing more is left to do.”

Ex. 6.Ask and answer the questions in the reported speech using the statements and the questions suggested. Work in pairs.

Model: –The Constitution guarantees every citizen the right to protect his property in any lawful way.

– What did he say to you?

– He told me that the Constitution guaranteed every citizen the right to protect his property in any lawful way.

1. – The idea that government is not all powerful first appeared in the Magna Carta, or the Great Charta, that was signed by King John in 1215 under the threat of civil war.

– What did he say to you?

2. – The Magna Carta established the principle of limited government in which the power of monarch or government was limited, not absolute.

– What did he explain to you?

3. – The Magna Carta stipulated that no citizen could be punished or kept in prison without a fair trial.

– Did you believe his explanation?

4. – In time this document came to be regarded as a cornerstone of British liberties and was one of the oldest written constitutional papers.

– What were you explained?

5. – Habeas Corpus Act was passed in Britain in 1679 and was the law in the name of the people, or in Britain the sovereign, to produce an imprisoned person in court at once.

– Did you know that?

6. – The law of Habeas Corpus guaranteed that nobody could be held in prison without trial.

– What did he explain to you?

7. – The Bill of Rights was adopted in 1689. A number of its clauses eliminated royal interference in parliamentary matters and stressed that elections must be free.

– What did he state?

8. – Was the Bill of Rights one of the basic instruments of the British Constitution, the result of the long 17^th century struggle?

– Did he ask you ..?

9. – The Act also dealt with the proximate succession to the throne, provided the heirs were Protestants.

– What did you want to say?

10. – Napoleon’s Code has been adopted in most of the areas of Europe and spread across the Atlantic.

– Did you know that..?

11. – Freedom of speech and freedom of press are both the cornerstones of democratic constitutions.

– Did you understand that..?

12. – Everyone must pay taxes of one kind or another of this country.

– Did they inform you that ..?

Ex. 7.Translate into English:

1. Нам сказали, что его пригласили выступить в парламенте. 2. Преподаватель сказал, что на эту поправку к конституции часто ссылаются. 3. Нам объяснили, что законопроект не может быть отклонен Палатой Лордов. 4. Мы сожалели, что все эти факты стали известны, после того как резолюция была принята. 5. Было решено, что если парламентский закон будет противоречить прецеденту, более ранний закон будет модифицирован, но не будет нарушен. 6. Я прочитал, что принцип разделения властей был разработан в 18 веке французским политическим философом Монтескье. 7. Все знали, что когда голоса будут подсчитаны, спикер объявит результаты. 8. Спикер объявил, что на все запросы членов парламента будут даны ответы. 9. Нам объяснили, что после того, как законопроект пройдет третье чтение, он будет направлен в Палату Лордов. 10. Мы знали, что когда политика правительства по какому-либо вопросу определена, министр должен либо поддержать ее, либо уйти в отставку. 11. Мы поняли, что у нас слишком мало знаний по правовым вопросам. 12. Я прочитал, что Римское право долгое время оказывало влияние на многие страны Европы.

UNIT IV

AMERICAN CONSTITUTIONAL LAW

READING AND SPEAKING

Text A American Constitution

Word Study

Ex. 1. a) Read the international words and guess their meaning. Mind the stress.

b) Pronounce correctly the following proper names:

The Articles of Confederation ['RtIklz qv kqn"fedq'reIS(q)n]

Philadelphia ["fIlq'delfjq]

Declaration of Independence ["deklq'reIS(q)n qv "IndI'pendqns]

Bill of Rights [bIl qv 'raIts]

Ex. 2.Complete the list of derivatives. Use a dictionary if necessary.

Ex. 3. Pair the words in column Awith ones from columnB.

Ex. 4. How can you express the following ideas in one word?

1. a paper that gives information, proof or support of something else;

2. habitually taking decisions alone;

3. freedom from control, service, being shut up, etc;

4. a written statement containing a record of something;

5. a change, made in or suggested for a rule, law, statement, etc.;

6. of or formed into a political federation;

7. a person owned in law by another;

8. the right to vote in national elections;

9. the head of government in many modern states that do not have a king or queen;

10. the choosing of representatives to fill a position, a political office, by vote.

Ex. 5. Match English and Russian equivalents.

Ex. 6. Choose the best alternative to complete the following sentences.

1. The Constitution was adopted in Philadelphia/ Washington.

2. The first ten amendments stated / clarified fundamental rights of any American.

3. The most striking / unusual feature of the Constitution is the separation of powers.

4. A great deal of power is in the hands of the president / Congress.

5. The Constitution has been repeatedly amended / interpreted to meet the needs of the nation.

6. Under the American Constitution all power prevails/belongs to the people.

7. The Constitution has served / influenced people for over 200 years.

8. Other amendments/considerations have expanded/protected the democratic nature of American society.

9. Under Article V Congress/the House of Representatives can reject/pro-pose amendments.

10. Judicial review refers/regards to the power of the court/president to decide if laws are valid.

Ex. 7. Complete the following text with the words and phrases from the box.

Checks and Balances

The Constitution provides for three main __________ of government which are separate and distinct from one another. The powers given to each are carefully __________ by the powers of the other two. Each branch __________ as check on the others. This is to keep any branch from gaining too much power or from misusing its powers. The equal branches of government are connected and each branch is dependent on the other two.

The system of checks and balances makes __________ and consensus necessary. Compromise is also a vital aspect of other levels of government in the United States. This system protects against extremes. It means, for example that new presidents cannot radically __________ governmental policies just as they wish. In the US, therefore, when people think of “the government”, they usually mean the entire __________, that is, the Executive Branch and the President, Congress, and the courts. In fact and in practice, therefore, the President (i. e. “the Administration”) is not as __________ as many people outside the US seem to think he is. In comparison with other leaders in systems where the majority party forms “the government”, he is much less so.

Text Study

Ex. 1. Choose the best way to complete the sentences.

1. The Declaration of Independence is far more than .....

a) the argument of governments.

b) the announcement of the birth of a nation.

c) the appointment of a new government.

2. The Articles of Confederation were ...

a) not working well.

b) radical indeed.

c) devised and amended.

3. The Bill of Rights .....

a) stated fundamental rights of any American.

b) revised the Articles.

c) stated too few powers for defense, trade.

4. The most striking feature of the Constitution is ....

a) breaking with an age-old traditions.

b) the prevailing notion of separation of powers.

c) a new form of government.

5. A great deal of power is put in .....

a) hands of the Supreme Court.

b) hands of the Senate.

c) hands of the President.

6. The Constitution has been repeatedly .....

a) adopted by some status.

b) operated under federal government.

c) amended to meet the changing needs of the nation.

7. Other amendmentshave expanded .....

a) a vital aspect of the levels of government.

b) the democratic nature of American society.

c) local politics.

8. Those who followed the framers of the Constitution had ....

a) to strike down the unconstitutional ones.

b) to pass all laws.

c) to adapt the document to new conditions.

9. State legislatures must conform …

a) to the federal constitution

b) to the state constitution

c) to the constitution of another country

10. Some … of the Constitution have been extraordinarily important.

a) status

b) rules of law

c) amendments

11. Judicial review refers to the power of the … to decide if laws are valid.

a) Congress

b) courts

c) police

Ex. 2. Mark the statements which are true.

1. The Bill of Rights stated fundamental rights of any American.

2. The Articles inspired a completely new document, the Constitution.

3. The most striking feature of the Constitution is prevailing notion of President’s powers.

4. The Constitution didn’t recognize the notion of separation of powers.

5. The system of checks and balances was of no use.

6. The Constitution still in force hasn’t been changed.

7. Under the American Constitution all power belongs to the government.

8. In part the framers were wise enough to recognize that they couldn’t foresee every problem.

9. The Articles of Confederation can propose amendments.

10. Amendments of the Constitution have expanded the social nature of the American society.

11. Any citizen has the right to set the Constitution aside.

12. Judicial review refers to the power of Congress to decide if laws are valid.

Ex.3.Complete the following sentences by adding the phrases given in part B.

Part A

1. No document in American history can .....

2. In Declaration one can find ....

3. Devised and amended in 1787, the Articles .....

4. The Bill of rights stated the right to be protected ....

5. The most striking feature of the Constitution is ....

6. A system of checks and balances ensured ....

7. All governments and governmental groups must operate ....

8. The great framers were wise enough to recognize that they .....

9. Amendments have expanded…

10. Judicial review refers to…

Part B

1. the democratic nature of the society.

2. the power of the courts to decide if laws are valid.

3. against unreasonable searches.

4. the key ideas of future American generation.

5. be compared with Declaration of Independence.

6. the division of the legislative, executive and judicial branches.

7. inspired a completely new document.

8. within “the supreme law of the land” guidelines.

9. that no branch of the government would dominate the others.

10. could not foresee every problem.

Ex. 4. Study the list. Chose one of the presidents and prepare the report about his activities. Use any source of information you like.