ENGLISH-IN-LAW. Textbook

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PUBLIC LAW

Public law concerns the relationships within government and those between governments and individuals. Because the Roman codes were almost entirely limited to the private area, public law is usually not codified. In civil-law countries, separate administrative courts adjudicate claims and disputes between the various branches of government and citizens, and many lawyers specialize in public law. In France, Germany, and Italy, still other courts handle constitutional issues. Public law is not quite so clearly demarcated in Great Britain and the U.S. Under the common-law approach the same courts handle public and private litigation. Because Great Britain has no written constitution, basic principles pertaining to government powers and limits and to fundamental individual rights are found in acts of Parliament, judicial opinions, and tradition. The U.S., on the other hand, has a distinct body of constitutional law.

The development of administrative law is a comparatively recent occurrence. Numerous federal and state administrative agencies now make rules that reach into all manner of activities, includinglicensing,regulationoftradesandprofessions,protection of health, and promotion of welfare. Their powers emanate from legislation, and their rules are reviewable by the courts.

U.S. constitutional law is the most extensive and pervasive of any country in the world. It is embodied in the Constitution and in the opinions of the U.S. Supreme Court rendered over time. The Supreme Court does more than give advisory opinions on the Constitution; the power of judicial review allows it to invalidate

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any legislation or other governmental actions that it finds to be in violation of the Constitution. Constitutional courts in some civillaw countries have similar powers. In Great Britain no equivalent judicial power exists, and Parliament is supreme. In totalitarian nations, constitutional limits on legislative power are generally a matter of political determination.

The U.S. Constitution allocates power within the federal government and between the federal and state governments. The first ten amendments (the Bill of Rights) and subsequent amendments define fundamental individual rights by placing limits on the powers of government at all levels. Through its powers of judicial review and interpretation, the Supreme Court has played a remarkable role in facilitating the growth of national power and influence by means of decisions about acts of Congress and federal administrative law. The Court has, for the most part, acted extensively to invalidate and inhibit discriminatory legislation and to adjust the relative distribution of government-connected services and revenue so as to ultimately provide for more democratic social relations. The Court, however, is frequently the center of much controversy because of widely varying interpretations about its role and the nature of constitutional law.

Laws concerning taxation and the regulation of business are in the public area, as is criminal law, which involves the exercise of governmental power by way of enforcement and punishment. Historically, criminal law in Great Britain included crimes defined by the courts. In the U.S. crimes are defined by statute, thus satisfying constitutional notions of due process. The public-law nature of the area is further emphasized by other constitutional protections such as the right of the accused to remain silent and the right to effective counsel. Criminal law not only promotes security and order but also reinforces moral norms. Debate has been continuous regarding the legitimacy of government intervention in areas where moral attitudes are in significant conflict, such as in matters of sexual practices, pornography, birth control, and euthanasia.

TERMS AND NOTIONS:

Codification – arranging laws, rules, etc. into a system. Litigation – the taking of legal action by a litigant (a person

who is a party to a court action)

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Judicial opinion (opinion) – a court’s written statement explaining its decision in a given case.

Advisory opinion – a nonbinding statement by a court of its interpretation of the law on a matter submitted for that purpose. Federal courts are constrained by the US Constitution to deciding only cases or controversies and cannot issue advisory opinions.

Judicial review – the simplified procedure by which prerogative and other remedies are obtainable in the High Court against inferior courts, tribunals, and administrative authorities. On an application for the judicial review of a decision, the Court may grant a quashing order, mandatory order, prohibition order, declaration, or injunction; it may also award damages.

The Bill of Rights in the USA – the first ten amendments to the US Constitution, incorporated in 1791.

TASK 1 a) Read the text. Look up the following words and word combinations in a dictionary:

codify v. claim n. litigation n.

pertain v. (to smth.) license v

welfare n.

emanate v. (from smth.) opinion n.

render v. invalidate v. inhibit v. adjust v. revenue n. controversy n. the accused n. legitimacy n.

b) Fill in the correct word in the appropriate grammar form. Use the list above.

1.The opponents have questioned the … of the ruling.

2.… arose over the use of chemicals on crops.

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3.A lack of oxygen may … brain development in the unborn child.

4.It’s unlikely that the court … … an opinion before November 5.

5.The proposal originally … from the US.

6.In the end, the tax brought in much less … than originally forecast.

7.The … took money from his employers, intending to repay it.

8.The state is still the main provider of … .

9.Since the fashion was set by the Code Napoleon many continental countries … … much of their law.

10.The vaccine … … … by the US Food and Drug Administration.

11.He lost his … for unfair dismissal.

12.The costs involved in … are very high.

13.Failure to disclose all relevant changes may … your policy.

14.After a vote has been taken, the justices write … for the cases.

15.The legislation … to employment rights.

16.The figures … … for inflation.

TASK 2 a) Study the meanings of the following words:

adjudicate v. to officially decide who is right in a disagree- ~ smth. ment and decide what should be done

~ on/upon/in smth.

allocate v. to give smth. officially to smb./smth. for a ~smth. for smth. particular purpose

~smth. to smb./smth. ~smb./smth. smth.

counsel n. a barrister, barristers collectively, or anyone advising and representing litigants

b)Translate the following sentences:

1.The student should allocate the same amount of time to each question.

2.For the initial experiment volunteers were allocated to one of three groups.

3.One million dollars was allocated for disaster relief.

4.Several patients were waiting to be allocated a bed.

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5.More resources are being allocated to the project.

6.The researchers must allocate tasks among human and automated components.

c)Complete the sentences with proper forms of the words “adjudicate”, “allocate” or “counsel”:

1.Their purpose is to … disputes between employers and employees.

2.The owner can appeal to the court to … on this matter.

3.They intend to … more places to mature students this year.

4.Who … … at this year’s contest?

5.Japan … just 1 percent of its budget for defence.

6.The judge asked … for the defence to explain.

TASK 3 Which word in each group is the odd one out?

1.pertain, concern, shape, refer, relate.

2.adjudicate, render, decide, practise.

3.well-being, welfare, prosperity, complexity.

4.embody, emanate, arise, originate.

5.abolish, affect, invalidate, annul, nullify.

6.hinder, prevent, inhibit, impede, allocate.

7.revenue, income, profit, claim.

8.controversy, debate, disagreement, opinion, argument.

TASK 4 Add at least two or three nouns to the following verbs to form word combinations. Use the word combinations to describe the laws which should be introduced or repealed:

codify, adjudicate, pertain (to), emanate (from), render, invalidate, allocate, inhibit, adjust

TASK 5 Change the structure of the sentences without changing sence:

1.Because the Roman codes were almost entirely limited to the private area, public law is usually not codified.

2.Public law is not quite so clearly demarcated in Great Britain and the US.

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3.The development of administrative law is a comparatively recent occurrence.

4.US constitutional law is the most extensive and pervasive of any country in the world.

5.The power of judicial review allows the Supreme Court to invalidate any legislation or other governmental actions that it finds to be in violation of the Constitution.

6.In Great Britain no equivalent judicial power exists, and Parliament is supreme.

TASK 6 a) Match the verbs on the left with their definitions on the right:

1) codify a) to officially decide who is right in a disagreement and decide what should be done

2)adjudicate b) to arrange laws, principles, acts in a system

3)litigate c) to prevent smth. from growing or developing well

4)invalidate d) to change or move smth. slightly to improve it or

make it more suitable for a particular purpose

b) Consult a dictionary and complete the table with the abstract noun form:

1)codify

2)adjudicate

3)litigate

4)invalidate

5)allocate

6)inhibit

7)adjust

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TASK 7 a) Study the following information:

To form the Passive use the verb “to be” in the appropriate tense and the Past Participle of the main verb (to change Active into Passive, use “to be” in the same tense as the active verb):

Active: English law has greatly influenced Scots law.

Passive: Scots law has been greatly influenced by English law.

Use “by” if you want to say who or what did the action.

The passive form is preferable when the action (emphasized/ influenced) or the object (the public-law nature/Scots law) is the most important element in the sentence or when the doer of the action is not known.

b) Study the sentence in the passive from the text:

The public-law nature of the area is further emphasized by other constitutional protections.

Compare the active form:

Other constitutional protections further emphasize the public-law nature of the area.

c)Scan the text to find more examples of passive constructions.

d)Transform the sentences into passive:

1.The Privy Council regularly informs the Monarch about many aspects of public affairs.

2.The Monarch appoints the members of the Privy Council on the recommendation of the Prime Minister.

3.Since the fashion was set by the Code Napoleon many continental countries have codified much of their law.

4.We must mention two principal and two subsidiary sources of English law.

5.Local jurisdictions passed their own statutes to meet specific situations.

6.US judges reinforced the work of Blackstone.

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TASK 8 Answer the following questions:

1.What is public law about?

2.Does public law play the same role in civil-law and commonlaw countries?

3.What does administrative law deal with?

4.What role do opinions of the US Supreme Court play?

5.Why is judicial review important?

6.What courts in youir country have the power of judicial review?

7.How are the powers of the US government restricted?

8.How is the US Supreme Court involved in the legislative process?

9.Are crimes defined similarly in the USA and Great Britain?

10.Should government intervene in such matters as birth control and euthanasia. Why/Why not?

11.Should ordinary citizens be involved in preventing and punishing crime?

TASK 9 Describe major issues raised in the text.

TASK 10 Complete the sentences using the text:

1.Public law concerns …

2.Administrative law deals with …

3.US Constitutional law is …

4.Criminal law promotes …

5.Laws concerning taxation and the regulation of business are …

TASK 11 Describe the increasing role of public law in modern society. Use the following phrases: “I would like to concentrate on …”, “The report is concerned with …”, “The first point to be made is …”, “The next point concerns…”,“Inthisconnection…”,“Itisnoteworthy that …”, “In conclusion …”

TASK 12 Divide into two groups. One of the groups believes that the government has the right to intervene in such matters as sexual practices, birth control and euthanasia. The other group is strongly against it. Present your ideas to the class. Give arguments.

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Text 16

INTERNATIONAL LAW

The legal process that concerns relations among nations is called international law. Belief and experience in some form of international law dates from at least the days of the Roman Empire. Such law differs greatly from national legal systems. No court has the authority or power to give judgments backed by coercive sanctions. Even in its most modern developments, international law is almost wholly based on custom. The precedents on which it rests are the acts of independent governments in their relations with one another, including treaties and conventions. Behind many of its rules is only a moral sanction: the public opinion of the civilized world. When treaties or conventions are involved, however, machinery to enforce them exists — either an arbitration or conciliation procedure or the submission of the dispute to a regional or international court.

A discernible body of rules and principles is observed or at least acknowledged in international relations. These rules concern such matters as territorial titles and boundaries, use of the high seas, limits on war, telecommunication, diplomatic and consular exchange, and use of air space. The major sources of international law on these matters are multilateral treaties, international custom, and such general principles as are recognized by civilized nations.

The United Nations is one of the primary mechanisms that articulate and create international law. The General Assembly and other agencies of the UN bring a combination of diplomacy, negotiation, and propaganda to bear on world affairs in ways that produce effective international treaties and affect world

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opinion. Certain courts also have indirect impact including the International Court of Justice. Domestic courts in various nations at times also engage in the articulation of international law.

TERMS AND NOTIONS:

Treaty – an international agreement in writing between two states (a bilateral treaty) or a number of states (a multilateral treaty). Treaties are binding in international law and constitute the equivalent of the municipal-law contract, conveyance, or legislation. Some treaties create law only for those states that are parties to them, some codify pre-existing customary international law, and some propound rules that eventually develop into customary international law, binding upon all states (e.g. the Genocide Convention). In England the power to make or enter into treaties belongs to the monarch, acting on the advice of government ministers, but a treaty does not become a part of English law until brought into force by an Act of Parliament.

Convention – 1. a treaty, usually of a multilateral nature. The International Law Commission prepares draft conventions on various issues for the progressive development of international law. 2. A written document adopted by international organizations for their own regulation. 3. constitutional conventions: practices relating to the exercise of their functions by the Crown, the government, Parliament, and the judiciary that are not legally enforceable but are commonly followed as if they were.

Arbitration – the determination of a dispute by one or more independent third parties (the arbitrators) rather than by a court. Arbitrators are appointed by the parties in accordance with the terms of the arbitration agreement or in default by a court. In English law, arbitrators are subject to extensive control by the courts, with respect to both the manner in which the arbitration is conducted and the correctness of the law that the arbitrators have applied. The judgment of an arbitrator is called his award, which can be the subject of an appeal to the High Court on a question of law under the provisions of the Arbitration Act 1996.

Conciliation – 1. (in civil disputes) alternative dispute resolution 2. a procedure of peaceful settlement of international disputes. The matter of dispute is referred to a standing or ad hoc commission of conciliation, appointed with the parties’ agree-

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