Law. Police. Society (Право. Полиция. Общество). Часть III. Учебное пособие по английскому языку

search of vehicles and computers, as well as government wiretapping, are controversial topics in Constitutional Law.

Protection from Self-Incrimination — The Fifth Amendment protects citizens from the acts of self-incrimination and double jeopardy. To avoid self-incrimination, a citizen can “plead the fifth”, effectively exercising his/her constitutional right to avoid answering a question or avoid testifying. A specific example of police procedures required under this Amendment is the reciting of a person’s Miranda Rights upon an arrest. This amendment also protects against harassment of an individual by prohibiting the act of successive prosecutions for the same accusation of crime.

Due Process of the Law and Right to Trial by Jury for Criminal Charges — The Fifth, Sixth and Fourteenth Amendments guarantee citizens the right to a public and speedy trial by an impartial jury before being deprived of their life, liberty or property. The accused also has the right to legal counsel for a criminal trial if he or she can’t afford an attorney.

Equal Protection — The 14th Amendment to the Constitution provides that “no state shall deny to any person within its jurisdiction the equal protection of the laws”. Consequently, state governments and their agencies are prohibited from discriminating against any individual on the basis of classifications such as race, sex, or religion.

Glossary to the text “The US Constitutional Rights”

due process of the law — правильное рассмотрение дела, надлежащая правовая процедура, должный процесс

jeopardy — риск понести уголовную ответственность

Miranda Rights — права Миранды (в 1963 г. арестованный по подозрению в изнасиловании Эрнесто Артуро Миранда заявил, что не знал о своем праве не давать показания против себя. Его посадили на 60 лет, но в перечень обязательных процедур при аресте, задержании и взятии под стражу ввели знаменитое «Вы имеете право хранить молчание») self-incrimination — дача невыгодных для себя показаний; показания, дающие материал для обвинения самого свидетеля

unreasonable search and seizure — необоснованные обыск и выемка

(запрещены поправкой IV к Конституции США) wiretapping — прослушивание телефонных разговоров

III. Listening

Task 1. Listen to the text “Pros and Cons of Gun Control” and say whether these statements are true or false:

1.America has a short history of gun use.

2.Using a gun was like using an axe, a necessity rather than recreation.

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3.The gun has become a part of the national identity of America.

4.In American politics, gun control has not been one of the most controversial issues.

5.The Second Amendment is a part of the Bill of Rights.

6.A control or restriction is required to ensure that guns are owned by people who intend to use them only in the express need of self-defense and not for crimes.

IV. Speaking

Task 1. Give your opinion about the right to own and bear arms in the USA and in Russia.

Task 2. Work in pairs. Discuss with your partner the situation with gun control in foreign countries and in Russia.

Task 3. Speak about the violation of Constitution and human rights in different countries.

V. Writing

Task 1. Write an essay about the US Constitutional Rights. Compare them with the Russian ones.

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UNIT 3

ADMINISTRATIVE LAW

STARTING UP

Task 1. Do you study Administrative Law at the Academy? What do you know about it? Try to give the definition of the Administrative Law.

LANGUAGE ACTIVITIES

I. Grammar Review. The Complex Sentence

The Complex Sentence (Сложноподчиненное предложение)

Сложноподчиненное предложение состоит из главного и одного или нескольких придаточных. Придаточные предложения могут присоединяться к главному с помощью подчинительных союзов или союзных слов или без них.

Task 2. Read and translate the following sentences into Russian paying attention to the type of subordinate clauses.

1. The evidence you gave me was very important. 2. Had I been there I would have helped the victim. 3. As it was raining, the crime scene search was very difficult. 4. The witness told the police what he had seen there. 5. The book “Criminal Law” which I have just read is rather difficult.

6.When the criminal will appear in the town is a secret piece of information.

7.They cried at what he said. 8. The problem is whether they will be able to solve the murder. 9. The letter that I saw last evening disappeared. 10. He has told me when he arrives. 11. When the cashier was giving the customer the money the armed robber entered the bank.

Task 3. Make up complex sentences:

Task 4. Distinguish between rhyming words and word combinations: to affect — to detect — to erect, much — such — at large, truck —

drug, force — course — source, our — tower — power, never — whatever, to vindicate — to violate, adjudication — compensation.

Task 5. Make up word combinations and translate them into Russian:

II. Reading

Text A

Task 1. Read the text “Administrative Law”. Find the definition of the Administrative Law. Try to understand what delegation of power is.

Administrative Law

Administrative Law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative Law is considered a branch of Public Law.

Administrative Law is the branch of law governing the creation and operation of administrative agencies. Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large.

The complex nature of the modern state is such that elected representatives are not capable of passing laws to govern every situation. Many of their lawmaking powers, as well as the power to administer and implement the laws, are therefore delegated to administrative agencies. These agencies are involved in virtually every area of government activity and affect ordinary citizens in many ways, whether these citizens are home owners needing a building permit to erect a new room, injured employees seeking workers' compensation, farmers selling their produce, or owners of a trucking company wishing to transport goods between different cities.

Administrative Law encompasses laws and legal principles governing the administration and regulation of government agencies (both Federal and state). Such agencies are delegated power by Congress (or in the case of a state agency, the state legislature) to act as agents for the executive. Generally, administrative agencies are created to protect a public interest rather than to vindicate private rights.

Administrative Law, commonly called regulatory law, is created and enforced by an administrative body, i. e., Department of Labor, the Federal Communications Commission, or the President. The fact whether the agency is executive, legislative or independent will determine from whom it derives its power to issue regulations and its right to enforce them.

Administrative Law is one of the three basic areas of Public Law dealing with the relationship between government and its citizens, the other two being Constitutional Law and Criminal Law. The major purpose of Administrative Law is to ensure that the activities of government are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative Law is based on the principle that government action, whatever form it takes, must (strictly speak-

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ing) be legal, and that citizens who are affected by unlawful acts of government officials must have effective remedies.

Governmental agencies must act within Constitutional parameters. These and other limits have been codified into statutes such as the Federal Administrative Procedure Act (FAPA) and state analogs.

The FAPA is a remedial statute designed to ensure uniformity and openness in the procedures used by federal agencies. The Act is comprised of a comprehensive regulatory scheme governing regulations, adjudications, and rule making in general terms. The FAPA is the major source for federal administrative agency law, while state agencies' administration and regulation are governed by comparable state acts.

Glossary to the text “Administrative Law” adjudication — вынесение судебного решения, рассмотрение спора affect — отрицательно сказываться, повредить, повлиять на...

agenda — план мероприятий, программа at large — в целом, в общем смысле

be authorized by — быть уполномоченным be capable of — быть способным

body of law — нормативно-правовая база

building permit — строительная лицензия, разрешение на строительство comparable — сравнимый, соизмеримый, аналогичный, адекватный comprehensive — всеобъемлющий, полный, обширный

Department of Labor — Министерство труда США designed — предназначенный

employee — работающий по найму, лицо наемного труда, рабочий encompass — заключать (в себе), касаться

erect — сооружать, воздвигать

fair — честный, справедливый, беспристрастный, законный govern — регулировать, определять, обусловливать

home owner — домовладелец

implement the law — претворять, проводить в жизнь закон

injured — пострадавший, поврежденный, обиженный, оскорбленный reasonable — оправданный, осмысленный, справедливый

regulatory — инструктивный, распорядительный, регулятивный, норма- тивно-правовой

remedial statute — закон, предоставляющий средство судебной защиты; закон, устраняющий дефекты существующего права

remedy — способ защиты права, средство исковой защиты rulemaking — нормотворчество

source — источник

substantive rule — материально-правовая норма

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the Federal Administrative Procedure Act (FAPA) — федеральный закон о процедуре принятия административных решений (США)

the Federal Communications Commission — Федеральная комиссия связи США

truck — грузовик

vindicate — отстаивать, защищать whatever — какой бы ни… whether — ли, без различия

Task 2. Find in the text English equivalents to the following word combinations:

регулировать деятельность административных органов правительства; отрасль публичного права; создание и деятельность административных органов; особая важность; полномочия, предоставляемые административным органам; материально-правовые нормы; общество в целом; сложная природа современного государства; избранные представители; законотворческие полномочия; полномочия делегируются административным органам; влияют на обычных граждан многими способами; домовладельцы, нуждающиеся в разрешении на строительство; фермеры, продающие свою продукцию; компания, владеющая грузовиками; касаться законов и юридических принципов; законодательство штата; защищать интересы общества, а не отстаивать частные права; будет определять, от кого он получает свои полномочия; отношения между правительством и его гражданами; на которых повлияли незаконные действия правительственных чиновников; должны иметь эффективные способы защиты права; должны действовать в рамках Конституции; предназначенный для того, чтобы обеспечить единообразие и открытость порядка действий, используемого федеральными органами.

Task 3. Translate the following phrases from the text into Russian paying attention to the Passive Voice:

is considered a branch of public law; are involved in virtually every area of government activity; are delegated; are created to protect a public interest; is created and enforced by an administrative body; laws are implemented and administered in a fair and reasonable manner; is based on the principle; citizens who are affected by unlawful acts of government officials; other limits have been codified into statutes; the act is comprised of a comprehensive regulatory scheme.

Task 4. Find complex sentences in the text “Administrative Law” and translate them. What types do they belong to?

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Task 5. Answer the questions to the text “Administrative Law”:

1.What is Administrative Law?

2.What is the result of the complex nature of the modern state?

3.What powers are delegated to administrative agencies?

4.How do these agencies affect ordinary citizens?

5.What government agencies in the USA are delegated power by?

6.What are administrative agencies created to do?

7.What are the three basic areas of Public Law dealing with the relationship between government and its citizens?

8.What principle is Administrative Law based on?

9.What is the FAPA?

Text B

Task 6. Read the text “Administrative Law in Canada”. Divide it into logical parts. Entitle them.

Administrative Law in Canada

Government activity is controlled in various ways. First, according to the Canadian Constitution, elected politicians may pass any laws they please, provided such laws do not infringe upon the rights and liberties guaranteed by the Canadian Charter Of Rights And Freedoms and do not attempt to regulate legislative activity reserved for another level of government. Administrative authorities, as inferior bodies to whom the power to interpret and implement such laws is delegated, are also subject to these constitutional limitations.

Second, delegating legislation defines the powers to be allocated to the agency (or minister) and sets forth the requirements to be met before the authority may act. Where entitlement to a government benefit depends upon the establishment of certain disputed facts or the interpretation of a statute, the applicable legislation will sometimes provide for a hearing before a group of officials (constituted as a board or tribunal) who will make the final decision. In some cases, a decision of the board or Administrative Tribunal can be reviewed by the courts if there is an error of law or a more serious error of fact.

Third, certain Common Law principles, derived originally from the courts of England and subsequently developed by Canadian courts, impose limits or obligations upon tribunals. The best example is the principle that administrative authorities must act in accordance with natural justice, which imposes certain procedural obligations that an authority must meet in exercising power. Common-law doctrine operates in tandem with any statutory legislation which covers the matters at issue.

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If citizens feel that an administrative authority has made a decision affecting them that violates a constitutional, statutory or common-law principle, they may ask a court of law to review the actions of the authority. Canadian courts will only exercise their control over administrative authorities if the authority exceeds its jurisdiction, if it makes a decision which is patently unreasonable or if it follows improper or unfair procedures.

Task 7. Answer the questions to the text “Administrative Law in Canada”:

1.What laws may elected politicians pass?

2.What document are rights and liberties guaranteed by in Canada?

3.Are administrative authorities subject to these constitutional limita-

tions?

4.What defines the powers to be allocated to the agency?

5.What imposes limits or obligations upon tribunals?

6.When may the citizens ask a court of law to review the actions of the authority?

7.When will Canadian courts exercise their control over administrative authorities?

Text C

Task 8. Read the text “Concept of Jurisdiction”. Try to understand its main idea.

Concept of Jurisdiction

According to the concept of jurisdiction, administrative tribunals must act within the scope of the powers delegated to them by their enabling legislation. If these bodies take action without legal authority, they are said to have exceeded their jurisdiction and their action may be reversed (or quashed) by the courts. It is the role of the courts to interpret the enabling legislation and to determine whether it permits the action which the tribunal proposes. However, it is often difficult to determine whether a provision of a statute is one which confers jurisdiction on one at the heart of the tribunal's function, and courts exercise caution where a challenge to jurisdiction is made.

In some cases the power granted to administrative authorities is subject to express limits found in the enabling legislation. For example, the power given to a tribunal to regulate rents in apartment buildings of 10 units or more does not give it jurisdiction to regulate rents in buildings with only 4 units.

A further example deals with the delegation of power by authorities. Courts have required that powers be exercised only by those to whom they are entrusted. Thus, members of a tribunal empowered to grant liquor licenses to restaurants may not delegate this power to a staff member or an outside

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person. On the other hand, where ministers have the power to issue visas to foreign visitors, the vast number of applications and the nature of the task implies that subordinate officials may perform this duty in place of the minister.

The concept of jurisdiction does not address the merits of the decision made by government officials. Generally, it is not the function of the courts to intervene in the conduct of government. However, courts may intervene where an authority has abused its power or to ensure that the power has been properly exercised.

There are several examples of this. In the case of the rent tribunal, a court will not permit the tribunal, as part of its power to regulate rents, to require the landlord to supply certain appliances. A decision must be made on the basis of relevant considerations and any discretion must be exercised within the context and perspective of the enabling statute. Reliance upon irrelevant considerations or the failure to consider relevant ones will enable a court to review the decision.

Further, an authority cannot exercise its power for a purpose other than the purpose for which the power was intended. For example, if a minister had the power to close a hospital only for sanitary or safety reasons, he or she could not use this power for financial and budgetary reasons.

A tribunal may not bind itself or limit its discretion by making general rules that apply to every case. Each case must be decided on its own merits. In addition, there must be some evidence before a tribunal to justify decisions of fact. Finally a decision cannot be unreasonable to the extent that it is one which no reasonable person in the position of the decision maker would have made.

Task 9. Answer the questions to the text “Concept of Jurisdiction”:

1.When are administrative tribunals said to have exceeded their juris-

diction?

2.What is the role of the courts?

3.Is it the function of the courts to intervene in the conduct of govern-

ment?

4.Where may courts intervene?

5.What basis must a decision be made on?

Task 10. Translate into Russian the following sentences from the text paying attention to the Modal Verbs:

1. Administrative tribunals must act within the scope of the powers delegated to them by their enabling legislation. 2. Their action may be reversed by the courts. 3. Members of a tribunal empowered to grant liquor licenses to

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