Executive

The government consists of the ministers appointed by the Crown on the recommendation of the Prime Minister, who is appointed directly by the Crown and is the leader of the political party which for the time being has a majority of seats in the House of Commons. The office of Prime Minister dates from the eighteenth century and is the subject of a number of constitutional conventions. The Prime Minister is the head of the government and presides over meeting of the Cabinet; by convention he is always a Member of the House of Commons. He consults and advises the Monarch on government business, supervises and to some extent coordinates the work of the various ministries and departments and is the principal spokesman for the government in the House of Commons. He also makes recommendations to the Monarch on many important public appointments, including the Lord Chief Justice, Lords of Appeal in Ordinary, and Lords Justices of Appeal.

The Cabinet is the nucleus of government; its members consist of a small group of the most important ministers who are selected by the Prime Minister. The size of the Cabinet is today about 23 and its principal function, much of the work being carried out in Committee, is to determine, control and integrate the policies of the government for submission to Parliament. The Cabinet meets in private and its deliberations are secrets; no vote is taken, and, by the principle of “Cabinet unanimity”, collective responsibility is assumed for all decisions taken.

The central government ministries and departments give effect to government policies and have powers and duties conferred on them by legislation, and, sometimes, under the Royal Prerogative. Each is headed by a minister who is in most cases a member of either the House of Lords or the House of Commons. There are over 100 ministers of the Crown at the present time; they include departmental ministers (e.g., the Secretary of State for Foreign Affairs); non-departmental ministers (e.g., Lord President of the Privy) Council; Paymaster General; Ministers without Portfolio); ministers of state (additional ministers in departments whose work is heavy); and junior ministers (usually known as Parliamentary Secretary and Parliamentary Under-Secretary) in all ministries and departments.

The Lord Chancellor [΄t∫a:ns(ə)lə] and the Law Officers of the Crown deserve special mention at this point. The Lord High Chancellor of Great Britain presides over the House of Lord both in the Cabinet and also has departmental responsibilities in connection with the appointment of certain judges. He advises on, and frequently initiates, law reform programmes with the aid of the Law Commissions, the Law Reform Committee and ad hoc committees. The four Law Officers of the Crown include, for England and Wales, the Attorney-General and the Solicitor-General; for Scotland, the Lord Advocate and the Solicitor-General for Scotland. The English Law Officers are usually members of the House of Commons and the Scottish Law Officers may be. They represent the Crown in civil litigation, prosecute in certain exceptionally important criminal cases, and advise government on points of law. They may appear in proceedings before the International Court of Justice, the European Commission of Human Rights and Court of Human Rights. They may also intervene generally in litigation in the United Kingdom as representatives of public interest.

The United Kingdom has no Ministry of Justice. The courts and lawyers have a strong tradition of independence from the government. Responsibility for the administration of the judicial system in England and Wales is divided between the courts themselves, the Lord Chancellor, and the Home Secretary. The Lord Chancellor, who is the head of the legal profession and is always a member of the Cabinet, is concerned with the composition of the courts, with civil law, parts of criminal procedure and law reform in general; the Home Secretary is concerned with the prevention of criminal offenses, the apprehension, trial and treatment of offenders, and with the prison service. England and Wales have a single system of law and courts, and Scotland has a system of its own.

The most common type of law court in England and Wales is the magistrates’ court, which is presided over the magistrates, who are normally Justices of the Peace (JPs). More serious cases then go to the Crown Court presided over by judges or senior barristers specially appointed to perform judicial functions for part of their time. Civil cases (for example, divorce or bankruptcy cases) are dealt with in County Courts. Appeals are heard by higher courts. For example appeals from magistrates’ courts are heard in the Crown Court. Certain cases are referred to the European Court of Justice in Luxembourg [´lΛks(ə)mbə:g] or the European Court of Human Rights in Strasbourg [´stræzbə:g]. The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners’ courts (which investigate violent, sudden or unnatural death). There are administrative tribunals [trai´blju:nl], which deal with professional standard, disputes between individuals, and disputes between individuals and government departments (for example, over taxation).

The first thing to notice is that there is no civil code and no criminal code. The law consists partly of statutes, or Acts of Parliament, and partly of common law made up of the decisions of judges, with regard to matters not regulated by statutes, in accordance with custom and reason. A large part of the civil law is not contained in statutes at all but made up of a mass of precedents, privious court decisions. By now, however, almost all actions for which a person may be punished are actions which are specifically forbidden by some statute.

3. Give the English equivalents to the following words and phrases.

The office of the Prime Minister; to be appointed by the Crown on the recommendation of somebody; government business; intervene in litigation; point of law; junior ministers; criminal procedure; prison service; to determine the police, to integrate the policy, to control the police; apprehension; to appear in proceedings; to be the subject of a number of constitutional conventions; to date from; in connection with appointment of certain judges; to be concerned with the prevention of criminal offenses; in private; with the aid of; to make recommendations to somebody on something; secret deliberations; legislative capacity; Parliamentary Secretary and Parliamentary Under-Secretary; law reform; to assume collective responsibility; the International Court of Justice: the Court of Human Rights; the European Commission of Human Rights.

4. Give each paragraph a heading of your own. Compare your headings with other members of the group. Are all the headings possible?

На даний час / на деякий час; посада Прем’єр-Міністра; підлягати ряду конституційних угод; наглядати та координувати роботу; речник уряду; головувати на зборах Кабінету; до деякої міри; ядро уряду; приймати рішення; для подання до парламенту; одностайність кабінету; міністр; міністр закордонний справ; міністр юстиції; Лорд-Канцлер; Міністр внутрішніх справ; заслуговує на окрему згадку; ініціювати правову реформу; керування правовою системою; поводження із злочинцями; Міністр без портфеля; попередження кримінальних злочинів; представник громадських інтересів; займатися складом судів; затримання; суд / судовий процес; втручатися виконувати судові функції; справа про банкрутство; суд графства; суд у справах неповнолітніх; подати справу до Європейського суду; мати справу з правопорушниками молодше вісімнадцяти років; розслідувати насильницьку, раптову, чи неприродну смерть..

5. A: Fill in the appropriate word from the list below.

Prosecuted, juvenile court, International Court of Justice, apprehension, Magistrates’ Courts, nucleus, deliberation, county courts, concerns, Crown Court, integrated, coroner

1. The resolutions were made after long … upon a constitutional question. 2. Retired employees make up the … of the club. 3. I … your suggestion into my work. 4. He was … for fraud. 5. The problem …. all of us. 6. The warrant for his … was obtained. 7. … has unlimited jurisdiction over all criminal cases tried on indictment ([in΄daitmənt – обвинувальний акт]) and also acts as a court for the hearing of appeals from magistrates’ courts. 8. The principle function of … is to provide the forum in which all criminal prosecution are initiated. 9. A …. or forensics examiner is an official responsible for investigating deaths, particularly some of those happening under unusual circumstances, and determining the cause of death. 10. A … is a court of law having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority. 11. There are 218 … in England and Wales which deal with the majority of civil cases, as well as some family and bankruptcy hearings. 12. The …. is the primary judicial organ of the United Nations, the main functions of which are to settle legal disputes submitted to it by member states and to give advisory opinions on legal questions submitted to it by international organs, agencies and the UN General Assembly.

B: Fill in the appropriate proposition or adverb where necessary.

1. The law firm was concerned … the building contract. 2. The government consists … the ministers appointed … the Crown … the recommendation … the Prime Minister. 3. The Prime Minister is the head … the government and presides … meeting … the Cabinet. 4. The Prime Minister advises the Monarch … government business. 5. The Cabinet of Ministers determines, controls and integrates the policies … the government … submission … Parliament. 6. The Cabinet makes decisions collectively and is collectively responsible … them … Parliament. 7. The Lord Chancellor … Great Britain presides … the House of Lord. 8. The Lord Chancellor is responsible … the appointment … certain judges. 9. The four Law Officers represent the Crown … civil litigation, prosecute … important criminal cases, and advise government … points … law. 10. The Lord Chancellor is concerned … the composition … the courts.

6. Choose word or phrase (a, b or c) which best completes the unfinished sentence:

1. The Prime Minister is appointed by the Monarch and is the leader of … a) Opposition; b) Cabinet; c) majority party.

2. Meetings of the Cabinet are presided by ….. a) the Speaker; b) the Lord Chancellor; c) the Prime Minister.

3. The Lord Chancellor is responsible for the appointment of …. . a) ministers; b) secretaries; c) judges.

4. The government ministries and departments have powers conferred on them sometimes…… . a) by the Lord Chancellor; b) by the Monarch; c) under the Royal prerogative.

5. Responsibility for the administration of the judicial system is taken …… a) by the Ministry of Justice; b) by the courts; c) by the Monarch.

6. The prevention of criminal offenses, the apprehension, and trial are the duties of …. . a) the Lord Chancellor; b) the judges; c) the Home Secretary.

7. The ….. met urgently at 10 Downing Street to decide Government policy on the new economic crisis. a) Privy Council; b) Cabinet; c) ministries.

8. The Road Traffic Act 1972 ….. that it is illegal to drive under the influence of drugs. a) legislates; b)amends; c) provides.

9. Parliament is a …. body. a) legislation; b) legislative; c) legislature.

10. The Chancellor of the Exchequer asked the Parliament to ….the existing tax on alcoholic drinks and replace it with a tax on all drinks except water. a) establish; b) abolish; c) enact.

11. The Law Officers of the Crown may ….. in litigation defending the public interest. a) reform; b) initiate; c) intervene.

12. The Home Secretary is …… the prevention of criminal offenses. a) accused of; b) concerned with; c) known for.

13. England and Scotland have a …… system of law and courts. a) different; b) similar; c) Romano-Germanic

7. Match the definitions in the right column to the words given in the left.

1. coroner 2.unanimuity 3. juvenile courts 4. Home Office 5. office 6. nucleus 7. subject 8. to litigation 9. apprehension 10. to prosecute

a) central part round which other parts are grouped; b) public position of authority; c) a topic or argument which is talked, written about, or studied; d) where children are tried; e) official who inquires into the cause of any death thought to be from violent or unnatural causes; f)complete agreement or unity; g) department controlling local government, police, etc.; h) going to law, making a claim at a court of law; i) start legal proceedings against sb; j) legal seizing.

8. Read and say whether these statements are true or false:

1. The ministers of the government are appointed by the Crown. 2. The Prime Minister is the leader of the majority party in both Houses. 3. The Prime Minister is the head of state. 4. The Cabinet is selected by the Monarch. 5. The Cabinet is responsible for all decisions taken at its meetings. 6. The Lord High Chancellor of Great Britain appoints certain judges. 7. The Law Officers of the Crown advise government on points of law. 8. Ministry of Justice of Great Britain is headed by the Lord Chancellor. 9. The administration of the judicial system is divided between the courts, the Lord Chancellor and the Home Secretary. 10. The most common type of law court in England and Wales is the Crown Court. 11. Appeals are heard by the magistrates’ courts. 12. The highest court of appeals is High Court.

9. Study the texts more carefully and answer the following questions:

1. How is the Prime Minister selected in the UK? 2. What are the Prime Minister’s functions? 3. What is the relationship between the Prime Minister and the monarch? 4. What is the relationship between the Cabinet and Parliament? 5. What is the vital difference between the role of the Cabinet and the role of government ministries and departments? 6. What is the role of the Privy Council in the UK? 7. What is the most important department in the UK? Who is it headed by? 8. The Lord Chancellor is the most important legal figure in the UK, isn’t he? 9. Who is the UK Minister of Justice? 10. What matters is the Home Secretary concerned with? 11. What does the English law consist of?12. What actions may s person be punished under English law?

10. Complete the passage by choosing the best word in an appropriate form from the list below:

a) law; convention; rule; practice; provision; bill; act of Parliament; legal enactment; statute law; legislation.