Text A. Constitutional law

КОНТРОЛЬНАЯ РАБОТА №2

Вариант 9

Выполните следующие задания:

1. Прочтите текст.

1. A constitution is the political and ideological structure within which a system of laws operates. Most countries have a formal written Constitution describing how laws are to be made and enforced.

2. One of the reasons for having special constitutional laws is to prevent governments from becoming too powerful and from interfering too much in the lives of individuals. As a check upon over powerful government most modern constitutions have adopted the principle of separation of powers, developed in the 18th century by the French political philosopher Montesquieu.

3. Montesquieu argued that the functions of the state could be divided into policy formulation and direction (executive), lawmaking (legislative), and interpretation and application of the law(judicial).To stop governments from becoming too powerful these functions should be carried out by separate institutions, and there should be a balance between them. In the United States, for example, the president (executive) is elected by the people and attempts to carry out his policy promises through a presidential office of advisers. The Constitution gives him many important powers, such as control of the armed forces and appointment of Supreme Court justices, but many of his decisions and all new legislation must be approved by a majority in Congress (legislature), which is also elected by the people. Many presidents have had important policies blocked by Congress. The Supreme Court (judiciary) has the task of interpreting laws which have been disputed in lower courts, and of deciding whether a law passed by Congress or by one of the individual states is in keeping with the Constitution.

4. As well as defining the powers of government, most constitutions describe the fundamental rights of citizens. These usually include general declarations about freedom and equality. Among these rights are the freedom of religion, speech, and the press, the right of peaceful assembly, and the right to petition the government to correct wrongs.

5. Britain is unusual because its constitution is not found in a formal written document. Instead, the constitutional rights of citizens and the powers of government are found in various case-law rulings, statutes, and even in traditions. For example, the important constitutional principle that the king or queen must approve any legislation passed by parliament is simply an unwritten tradition that has gradually developed over the last three hundred years. There is a debate in Britain about whether citizens rights would be better guaranteed by a written constitution, or at least a bill of rights. Some people argue that the government has too much freedom and that it is too easy to change the constitution since all that is needed is a new statute or even a change in traditional procedure. Others argue that the flexibility of an unwritten constitution is a good thing, that the lack of a written constitution has not stood in the way of a long tradition of individual liberty in Britain, and that many countries with constitutions which look liberal on the surface suffer from oppressive governments which simply find ways to ignore constitutional rights.

6. It can be difficult to compare the legal freedoms of countries with different cultures and economic levels, but some comparison is possible since many countries have similar constitutional provisions and claim similar aims. We can, for example, consider how effective the provision of separation of powers is. Ferdinand Marcos provides a typical case of over centralized power; he came to power with wide popular support and many reforming ideas but steadily reduced the rights of Philippine citizens and his family took over most of the executive, legislative and judicial functions of the state.

7. We can also consider the right of citizens to say and write what they want and to take part in public meetings and demonstrations. In Britain, the 1986 Public Order Act requires advance notice of peaceful protests, even if they do not obstruct other people in any way. In addition, the police may order the protesters to move or break up if they anticipate serious disruption of community life. These laws are more restrictive than those in most European countries.

8. Another area to consider is the ease with which an individual may obtain restitution for a wrong a public body has committed against him. In English law, the principle of judicial review enables a court to overturn a decision made by a government ministry that acted illegally or irrationally or beyond its authorized powers.

9. One important area to consider is the treatment of citizens suspected of crimes. Is innocence presumed unless guilt can be proven? (Yes in Japan and the Philippines, but sometimes no in Taiwan and Malaysia.) How long can the police hold a suspect before they must bring him before a court of law? (Twenty-four hours in Norway, three days and sometimes longer in Finland). Is a suspect entitled to free legal aid and choice of lawyer if he has no money? (Both in New Zealand, only the first in Austria.) Can the police search a private house without first obtaining a court warrant? (Illegal in Argentina, Peru and Paraguay but occasionally done in the first two, and very regularly done in the third.) Are trials open to the public? (Yes in Tanzania and Botswana, often not in Nigeria and Zaire). Many of these freedoms are so important that they may also be considered in the category of human rights.

2. Выпишите из текста английские эквиваленты следующих слов и выражений: принцип разделения полномочий; принцип судебного контроля; исполнительный; законодательный; судебный; выполнять; соответствовать Конституции; конституционные права граждан; объявлять неконституционным (о законе); постановление; законодательный акт.

3. Найдите в тексте и выпишите 3 предложения, содержащие инфинитив. Определите формы и функции инфинитива. Переведите предложения на русский язык.

4. Найдите в тексте и выпишите 3 предложения, содержащие причастие. Определите формы и функции причастий. Переведите предложения на русский язык.

5. Найдите в тексте и выпишите 3 предложения, содержащие герундий. Определите формы и функции герундия. Переведите предложения на русский язык.

6. Переведите письменно 1, 2, 3 абзацы.

7. Напишите аннотацию к тексту, используя следующие клишированные словосочетания (3-5 предложений): the precis deals with …; the abstract is devoted to …; the work is concerned with … (bears on …, gives explanation of …, is intended to demonstrate certain phenomena, is designed to provide some information about …); the subject of the paper under review is …; the author touches upon the problem of …; … is (are) described; special attention is given (paid) to …; the chief aim (main purpose) of the work is …; the main result of the work is … (that it has given a clue to …).

8. Составьте свое жизнеописание (C.V.), используя образец на стр. 29.

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