Lesson 11
Homework
text 4 unit 2 + task 4
TASK 15
1.b
2.e
3.d
4.a
5.c
TASK 16
1. draft-an answer, a brief, a complaint, a motion, a pleading
2. issue- a writ, a notice, an injunction
3. file (with)- an answer, a brief, an affidavit
4. serve (on someone)- a writ, a notice, a complaint
5. submit- a motion, a pleading, an answer
I drafted a motion against you for sanctions.
My friend issued writs of libel against his wife.
The decision to file a brief with the judge who ruled in the original antitrust case ups the ante in the campaign between the two companies.
Lawyers for relatives of the dead served civil writs on five suspects last Friday.
On Wednesday, the Moscow prosecutor, submitted a motion asking the judge to dismiss all charges against Mr. Darsy.
Article:
Short of expectations- не оправдать ожидания
Protest- Протест
Pandemic-пандемия
Demonstrator- демонстрант
Restriction- ограничение
Isolate- изолировать
Ramification-разветвление
Escalate-обострять
Lesson 12
Текст 5 Юнит 2
Task 1 b
1. The separation of powers tries to combat tyranny by dividing the functions of government between groups with different interests
2. No power centre can act without the co-operation of others
3. The government powers are divided into 3 groups.
4. The most influential version of the separation of powers is that proposed by Montesquieu
5. Conventions were beginning to blur the distinction between legislature and executive.
6. The UK constitution is sometimes called a 'harmonious constitution'.
7. When the courts refer to the separation of powers they may therefore use the concept in different senses.
The cases mentioned in the text (there are 2 cases)
1. W.H.Smith Do It All Ltd v Peterborough [1991]
2. X v. Morgan Grampian [1990]
Montesquieu and his work of separation of powers
Charles Louis de Secondat, Baron de La Brède et de Montesquieu (18 January 1689 – 10 February 1755), was a French judge, man of letters, historian, and political philosopher.
He is the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any other author to secure the place of the word despotism in the political lexicon.[6] His anonymously published The Spirit of Law (1748), which was received well in both Great Britain and the American colonies, influenced the Founding Fathers of the United States in drafting the U.S. Constitution.
Montesquieu's most influential work divided French society into three classes (or trias politica, a term he coined): the monarchy, the aristocracy, and the commons.[clarification needed] Montesquieu saw two types of governmental power existing: the sovereign and the administrative. The administrative powers were the executive, the legislative, and the judicial. These should be separate from and dependent upon each other so that the influence of any one power would not be able to exceed that of the other two, either singly or in combination. This was a radical idea because it does not follow the three Estates structure of the French Monarchy: the clergy, the aristocracy, and the people at large represented by the Estates-General, thereby erasing the last vestige of a feudalistic structure.
The theory of the separation of powers largely derives from The Spirit of Law:
In every state there are three kinds of power: the legislative authority, the executive authority for things that stem from the law of nations, and the executive authority for those that stem from civil law.
By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted. By the second, he makes peace or war, sends or receives embassies, establishes the public security, and provides against invasions. By the third, he punishes criminals, or determines the disputes that arise between individuals. The latter we shall call the judiciary power, and the other, simply, the executive power of the state.
— The Spirit of Law, XI, 6.