1.3. Constitutional law

1.3.1 Study these words before reading the text.

ruling – постановление, решение

convention – здесь: обычай, традиция

article – статья

amendment – поправка

provision – положение, условие (договора, закона и т.п.)

judicial review – судебный надзор

to violate – нарушать (закон и т.п.)

to ignore – игнорировать

to interpret – интерпретировать, толковать

to carry out – исполнять

to amend – вносить поправки

1.3.2 Read and translate the text.

A constitution is a set of rules and principles that define the powers of a government and the rights of the people. The principles outlined in a constitution form the basis of constitutional law. The law also includes official rulings on how the principles of nation’s constitution are to be interpreted and carried out.

Most nations have a formal written constitution specifying the powers and duties of each branch of government, describing how laws are to be made and enforced, and the procedure to amend the Constitution itself. One of the best examples of written constitution is that of the United States. Being one of the oldest (1787), with only seven articles and just a few amendments (27) it is still in force and works. Under the American Constitution, for instance, all legislative powers belong to Congress, the President is elected to four-year terms and has sole power to sign treaties with foreign nations.

A major exception is Great Britain. The British constitution is unwritten. It is not found in any formal written document. Instead, the constitutional rights of citizens and powers of government are defined in various case-law rulings, statutes, and even in traditions (constitutional conventions). 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 past three hundred years.

As well as defining the powers of government, most constitutions describe the fundamental rights of citizens, which form the so-called Bill of Rights. The Bill of Rights usually includes general declarations of freedom and equality, such as freedom of religion, of speech and of the press, the right to assemble in public places, to protest government actions and to demand change. But it may also include some specific provisions such as the right to a speedy trial if accused of a crime and representation by a lawyer.

In most democracies, the national constitution takes first place over all other laws. In the United States, the federal Constitution has force over all state constitutions as well as over all other national and state laws. Conflicts between a constitution and other laws are settled by constitutional law. In the United States, the courts have the power of judicial review, under which they may overturn any law passed by Congress if the court determines that the law violates the United States Constitution or a state constitution. The United States Supreme Court is the nation’s highest court of judicial review.

There is a public debate about whether citizens’ rights are better guaranteed by a written or unwritten constitution. Some people argue that in case of unwritten constitution 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 insist that many countries with written constitutions which look liberal on the surface suffer from oppressive governments which simply find ways to ignore constitutional rights.