DEFINITION AND SCOPE OF CONSTITUTIONAL LAW

Date: 2015-10-07; view: 1783.

UNIT 2

Tasks

I. Make nouns from the verbs given below and translate them into Ukrainian:

to negotiate –

to litigate –

to engage –

to oppose –

to assess –

to advise –

II. Fill in the gaps using the nouns and verbs from the previous exercise:

1. The treaty was the result of long _____ .

2. The contract is still under _____ .

3. There is a strong _____ to new taxes.

4. The lawyers _____ against signing the contract.

5. He gave me some good _____

6. What's your _____ of her chances of winning.

7. It's too early _____ the effects of the new legislation.

8. The president _____ giving military aid to the country.

9. Politicians shouldn't _____ in business affairs that may affect their political judgment.

III. Make your own sentences using the following word-combinations:

to return

to give

to present evidence, testimony, verdict

to provide

to offer

IV. Answer the questions:

1.What are the main roles of the lawyer in factual investigation?

2.What does the art of negotiation involve?

3.Who are the judges in federal courts appointed by?

4.What are the main functions of the jury?

The starting-point for studying constitutional law should ideally be the same starting-point as for studying political philosophy or the role of law and government in society. How is individual freedom to be reconciled with the claims of social justice? Is society founded upon a reciprocal network of rights and duties, or is the individual merely a pawn in the hands of state power?

These fundamental questions are often not pursued explicitly in the study of constitutional law. Constitutional law concerns the relationship between the individual and the state. As a historian has stated, law is not merely a matter of the rules which govern relations between private individuals (for example between husband and wife, or between landlord and tenant). Law also concerns the structure and powers of the state. The constitutional lawyer is always likely to insist that the relations between the individual and the state should be founded upon and governed by law.

But law does not exist in a social and political vacuum. Within a given society, the legal rules that concern relations between husband and wife will reflect that society's attitude to marriage. So the rules of constitutional law, that govern political relations, will within a given society reflect a particular distribution of political power. In a stable society constitutional law expresses what may be a very high degree of consensus about the organs and procedures by which political decisions are taken.

Within a stable democracy, constitutional law reflects the value that people attach to orderly human relations, to individual freedom under the law, and to institutions such as parliament, political parties, free elections, and free press. Laws are the product of human decisions. As Lord Acton said, ''Power tends to corrupt and absolute power tends to corrupt absolutely". But the weaknesses and imperfections of human nature are not a reason for discarding law as a means of regulating political conduct. The laws of football are often broken. But if we shoot the referee and tear up the rules, football as an organized activity ceases to exist.

Total disbelief in the value of the individual or in the possibility of public good is therefore a bad starting-point for studying constitutional law. But there is no need to go to the other extreme that in Great Britain we have a matchless constitution. Constitutional law is one branch of human learning and experience that helps to make life in today's world more tolerable and less brutish than it might otherwise be.

List of words:

to be reconciled with – быть согласованным с

reciprocal network – взаимная (двусторонняя) связь

a pawn in the hands of state power – залог в руках государственной власти

to be pursued explicitly – проводиться ясно

to apply logical criteria – применять логические критерии

within a given society – в пределах (в рамках) данного общества

merely – просто, только

govern political relations – управлять политическими отношениями

to reflect a particular distribution of political power – отражать определенное разделение политической власти

very high degree of consensus – очень высокий уровень согласия

to attach to orderly human relations – распространяться на упорядоченные (организованные) человеческие отношения

individual freedom under the law – свобода личности по закону

weaknesses and imperfections of human nature – слабости и недостатки человеческой натуры

reason for discarding law – основание для отступления от закона

means of regulating political conduct – способ регулирования политического поведения

to tear up the rules – нарушать правила

to cease to exist – прекратить существование

total disbelief in the value of the individual or in the possibility of public good – полное неверие в ценность личности или в возможность общественного добра

matchless constitution – неподходящая конституция

one branch of human learning and experience – одна ветвь человеческого знания и опыта

to make life more tolerable and less brutish – сделать жизнь более терпимой и менее жестокой

TASK 1Find the definitions of the following words:

TASK 2 Make your own sentences using the following word-combinations:

1. to concern the relationship between the individual and the state;
2. to govern political relations;
3. within a given society;
4. to reflect a particular distribution of political power;
5. a very high degree of consensus about the organs and procedures;
6. to be governed by law;
7. a constitutional lawyer
8. political parties;
9. an organized activity;
10. public good

TASK 3 Find in the text the word-combinations with the following legal terms and translate them:

freedom; power; lawyer; rules; relations; law; society; decisions, elections, claim, conduct

TASK 4 Find the pair:

TASK 5 Agree or disagree with the following statements:

1.Law is a matter of rules which govern relations between private individuals.

2.Law exists in a social and political vacuum.

3.The laws of football are rarely broken.

4.Constitutional law is one branch of human learning.

5.Constitutional law reflects the value that people attach to orderly human relations.

TASK 6 Answer the following questions:

1.What is constitutional law based on?

2.How can law be defined?

3.What is the main principle of a constitutional lawyer?

4.How does Jaw reflect the life of a given society?

5.In which way docs constitutional law act in a stable society?

6.What does constitutional law reflect in a stable democracy?

7.How can we define constitutional law?

8.How are laws made?