MODULE 2

THE RULE OF LAW

LESSON 1. THE SUPREME LAW

OF THE LAND

PART 1. ALL MEN ARE EQUAL,

BUT SOME OF THEM OUTGROW IT

1.Work in pairs. Make a list of things you can expect in a constitution. Listen to other students’ ideas and add them to your list.

2.Work in pairs. In the text below find the synonyms and antonyms of the words in the box.

highest, country, explain, phrase, ratify, parliament, superiority, place control with, main, make changes, prepare, use, power, give, communal, administrator, hired, agree with, appropriate to, take part in, work, put through, analysis, dismiss, exclusion, judge, debt, manipulation, usually, preference, election, condition, job, radical, bad behavior, accusation, public, guilty verdict, serious, lesser offense

The U.S. Constitution calls itself the "supreme law of the land." Courts have interpreted this clause to mean that when state constitutions or laws passed by state legislatures or by the national Congress are in conflict with the federal Constitution, these laws have no force. Decisions made by the Supreme Court over 200 years have strengthened this doctrine of constitutional supremacy. Final authority is vested in the American people, who can change the fundamental law, if they wish, by amending the Constitution or drafting a new one. The people do not exercise their authority directly, however. They delegate the government to public officials, both elected and appointed. The power of public officials is limited under the Constitution. Their public actions must conform to the Constitution and to the laws made in accordance with the Constitution. Elected officials must stand for reelection at periodic intervals, when their records are subject to intensive public scrutiny. Appointed officials may be removed at any time. The exception to this is the lifetime appointment by the president of justices of the Supreme Court and other federal judges, so that they may be free of political obligations or influence. Commonly, the American people express their will through the ballot box. The Constitution, however, makes provision for the removal of a public official from office, in cases of extreme misconduct, by the process of impeachment. Article II, Section 4 reads: 'The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, …high crimes and misdemeanors."

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3.For questions 1-24, read the text below and then decide which word best fits each space. The exercise begins with an example (0).

4.Listen to the text on the constitutional principles of the US government and fill in the gaps. You will hear the text twice.

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THE PRICIPLES

OF GOVERNMENT

5. Fill in the gaps in the sentences below using a, the or (-). Explain your choice.

______(25) national convention to discuss and draft ______(26) amendments. In either case,

______(27) amendments must have ______(28) approval of three-fourths of ______(29) states before they enter into ______(30) force.

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6.Work in pairs. Fill in the table below on the basis of exercises 1-5. Then use the table to tell your partner everything you know about the US Constitution.

U.S. CONSTITUTION

The doctrine of constitutional supremacy means

How do the people exercise their authority

How is the power of public officials limited

Why are Supreme Court justices appointed for life

How can people remove public official from office

US COURTS

The functions of the Supreme Court

The functions of other US courts

PRICIPLES OF GOVERNMENT

Constitution on the branches of power

Constitution on the equality of people

PROVISIONS FOR THE CONSTITUTIONAL AMENDMENTS

How can amendments enter into legal force

7.Finish sentences 1-10 paying attention to the asking for/giving reason elements. Read the text on constitutional interpretation first. See the example (0).

Asking for/ giving reason

Connectives for reason giving: because, as, since, owing to, because of, on account of. Linking adverbials of cause and reason: So, accordingly, hence, consequently, therefore, thus.

Now that... Seeing that...

0.Constitutional interpretation takes various forms because it depends on the clarity of the Constitution’s text.

1.Hence the amount of the attention to the Constitution’s wording also depends on

_______________________________________________________________________.

2.However the understanding of a "clear" text is not easy owing to

_______________________________________________________________________.

3.The different approaches of the Supreme Court’s constitutional interpretation are similar since ____________________________________________________________.

4.Consequently constitutional law cannot _________________________________________.

5.Therefore we may say that defective laws violate not the Constitution itself, but

_______________________________________________________________________.

6.Accordingly the judges have a lot of chances to________________________________

in determining what principles underlie the Constitution.

7.Commentators often criticize the Supreme Court as ______________________________.

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8.First, the judges’ constitutional activism may be necessary because of_______________.

9.Second, the judges’ constitutional activism may be necessary on account of _________.

10.So the task of constitutional interpretation has fallen to the courts because

_______________________________________________________________________.

CONSTITUTIONAL INTERPRETATION

Constitutional interpretation takes various forms. In part, the type of analysis depends on

the clarity of the Constitution's text — the clearer the text, the greater the attention to its wording. But different members of the Supreme Court

have different views as to what constitutes a "clear" text.

Whatever approaches might be used in the Supreme Court's

constitutional interpretation, a characteristic of most of them is that they

are very flexible. As a result, much of the body of constitutional law cannot be traced to the text of the Constitution by any traditional means used in

interpreting other forms of enacted law.

In many cases, it is more accurate to say, not that a particular statute violates the Constitution, but that it violates a principle that courts say the Constitution represents. In the process of a court determining what principles underlie the Constitution, there is plenty of opportunity for judges to inject all manner of political, economic or social theory into their constitutional decision-making. This often leads commentators to criticize the Supreme Court in particular, for engaging in "political activism" rather than applying the law.

But at least two characteristics of the Constitution invite such judicial activism. First, much of the Constitution's text is very general. And many of the general terms require one or another political vision or tradition. Second, the Constitution is 200 years old. Issues, which were important 200 years ago, have become non-issues today and new important problems have arisen. Amendment is not a realistic option for changing basic constitutional values, because changing the Constitution is an extremely difficult process. So the task of "updating" the Constitution has fallen to the courts.

8. Translate into English

Ʉɨɧɫɬɢɬɭɰɿɹ ɋɒȺ ɽ «ɧɚɣɜɢɳɢɦ ɡɚɤɨɧɨɦ ɤɪɚʀɧɢ», ɳɨ ɫɭɞɢ ɬɥɭɦɚɱɚɬɶ ɹɤ ʀʀ ɜɟɪɯɨɜɟɧɫɬɜɨ ɩɨ ɜɿɞɧɨɲɟɧɧɸ ɞɨ ɤɨɧɫɬɢɬɭɰɿɣ ɲɬɚɬɿɜ ɚɛɨ ɛɭɞɶ-ɹɤɢɯ ɡɚɤɨɧɿɜ, ɭɯɜɚɥɟɧɢɯ ɡɚɤɨɧɨɞɚɜɱɢɦɢ ɨɪɝɚɧɚɦɢ ɲɬɚɬɿɜ ɚɛɨ Ʉɨɧɝɪɟɫɨɦ ɋɒȺ. ȼ ɭɫɿɯ ɜɢɩɚɞɤɚɯ, ɤɨɥɢ ɜɨɧɢ ɫɭɩɟɪɟɱɚɬɶ ɮɟɞɟɪɚɥɶɧɿɣ ɤɨɧɫɬɢɬɭɰɿʀ, ɜɨɧɢ ɧɟ ɦɚɸɬɶ ɸɪɢɞɢɱɧɨʀ ɫɢɥɢ. Ʌɢɲɟ ɚɦɟɪɢɤɚɧɫɶɤɢɣ ɧɚɪɨɞ, ɹɤɢɣ ɦɚɽ ɧɚɣɜɢɳɿ ɩɨɜɧɨɜɚɠɟɧɧɹ ɿ ɹɤɢɣ ɞɟɥɟɝɭɽ ɭɪɹɞɨɜɟ ɭɩɪɚɜɥɿɧɧɹ ɞɟɪɠɚɜɧɢɦ ɫɥɭɠɛɨɜɰɹɦ, ɦɨɠɟ ɡɦɿɧɢɬɢ ɨɫɧɨɜɧɢɣ ɡɚɤɨɧ ɚɛɨ ɫɤɥɚɫɬɢ ɧɨɜɭ ɤɨɧɫɬɢɬɭɰɿɸ. Ⱦɿɹɥɶɧɿɫɬɶ ɞɟɪɠɚɜɧɢɯ ɫɥɭɠɛɨɜɰɿɜ, ɧɟɡɚɥɟɠɧɨ ɜɿɞ ɬɨɝɨ, ɨɛɢɪɚɸɬɶɫɹ ɜɨɧɢ ɱɢ ɩɪɢɡɧɚɱɚɸɬɶɫɹ, ɦɚɽ ɜɿɞɩɨɜɿɞɚɬɢ ɡɚɤɨɧɚɦ, ɿɧɚɤɲɟ ɜɨɧɢ ɭɫɭɜɚɸɬɶɫɹ ɡ ɩɨɫɚɞɢ. Ʉɨɧɫɬɢɬɭɰɿɹ ɩɟɪɟɞɛɚɱɚɽ, ɳɨ ɜɫɿ ɭɪɹɞɨɜɰɿ ɋɒȺ ɦɨɠɭɬɶ ɛɭɬɢ ɭɫɭɧɟɧɿ ɡ ɩɨɫɚɞɢ ɲɥɹɯɨɦ ɿɦɩɿɱɦɟɧɬɭ, ɹɤɳɨ ɜɨɧɢ ɜɢɡɧɚɧɿ ɜɢɧɧɢɦɢ ɭ ɜɱɢɧɟɧɧɿ ɬɹɠɤɢɯ ɡɥɨɱɢɧɿɜ ɚɛɨ ɩɪɚɜɨɩɨɪɭɲɟɧɶ. Ⱥɦɟɪɢɤɚɧɫɶɤɿ ɝɪɨɦɚɞɹɧɢ ɜɢɹɜɥɹɸɬɶ ɫɜɨɸ ɜɨɥɸ ɧɚ ɜɢɛɨɪɚɯ, ɹɤɿ ɦɚɸɬɶ ɩɟɪɿɨɞɢɱɧɨ ɩɪɨɯɨɞɢɬɢ ɜɫɿ ɜɢɛɨɪɧɿ ɭɪɹɞɨɜɰɿ, ɡɚ ɜɢɧɹɬɤɨɦ ɮɟɞɟɪɚɥɶɧɢɯ ɫɭɞɞɿɜ, ɹɤɿ ɩɪɢɡɧɚɱɚɸɬɶɫɹ ɞɨɜɿɱɧɨ, ɚɛɢ ɛɭɬɢ ɜɿɥɶɧɢɦɢ ɜɿɞ ɩɨɥɿɬɢɱɧɢɯ ɡɨɛɨɜ’ɹɡɚɧɶ ɬɚ ɜɩɥɢɜɿɜ.

Ⱦɨ ɨɛɨɜ’ɹɡɤɿɜ ȼɟɪɯɨɜɧɨɝɨ ɋɭɞɭ ɋɒȺ ɜɯɨɞɢɬɶ ɬɥɭɦɚɱɟɧɧɹ ɡɚɤɨɧɿɜ ɬɚ ɤɨɧɫɬɢɬɭɰɿʀ. ȱɫɧɭɸɬɶ ɪɿɡɧɿ ɦɟɬɨɞɢ ɤɨɧɫɬɢɬɭɰɿɣɧɨʀ ɿɧɬɟɪɩɪɟɬɚɰɿʀ, ɜɢɛɿɪ ɹɤɢɯ ɡɚɥɟɠɢɬɶ ɜɿɞ ɱɿɬɤɨɫɬɿ ɬɟɤɫɬɭ ɤɨɧɫɬɢɬɭɰɿʀ. Ɂɚɝɚɥɶɧɨɸɪɢɫɨɸɜɫɿɯɦɟɬɨɞɿɜɤɨɧɫɬɢɬɭɰɿɣɧɨʀɿɧɬɟɪɩɪɟɬɚɰɿʀɽʀɯɝɧɭɱɤɿɫɬɶ, ɚɬɨɦɭ ɪɨɡɝɥɹɞ ɛɿɥɶɲɨɫɬɿ ɫɩɪɚɜ ɿɡ ɡɚɫɬɨɫɭɜɚɧɧɹɦ ɤɨɧɫɬɢɬɭɰɿɣɧɨɝɨ ɩɪɚɜɚ ɧɟ ɦɨɠɟ ɨɛɦɟɠɭɜɚɬɢɫɹ ɬɪɚɞɢɰɿɣɧɢɦ ɫɩɨɫɨɛɨɦ ɿɧɬɟɪɩɪɟɬɚɰɿʀ ɬɟɤɫɬɭ ɤɨɧɫɬɢɬɭɰɿʀ. ɍ ɛɿɥɶɲɨɫɬɿ ɜɢɩɚɞɤɿɜ ɧɨɪɦɚɬɢɜɧɢɣ ɚɤɬ ɩɨɪɭɲɭɽ ɧɟ ɤɨɧɫɬɢɬɭɰɿɸ, ɚ ɩɪɢɧɰɢɩ, ɹɤɢɣ, ɧɚ ɞɭɦɤɭ ɫɭɞɭ, ɡɚɤɥɚɞɟɧɨ ɜ ɤɨɧɫɬɢɬɭɰɿʀ. ɉɿɞ ɱɚɫ ɫɭɞɨɜɨɝɨ ɭɡɝɨɞɠɟɧɧɹ ɫɭɞɞɿ ɡɚɫɬɨɫɨɜɭɸɬɶ ɩɨɥɿɬɢɱɧɭ, ɟɤɨɧɨɦɿɱɧɭ ɬɚ ɫɨɰɿɚɥɶɧɭ ɬɟɨɪɿʀ ɜ ɩɪɨɰɟɫɿ ɩɪɢɣɧɹɬɬɹ ɤɨɧɫɬɢɬɭɰɿɣɧɢɯ ɪɿɲɟɧɶ. ɑɟɪɟɡ ɰɟ ɤɨɧɫɬɢɬɭɰɿɣɧɚ ɿɧɬɟɪɩɪɟɬɚɰɿɹ ɛɿɥɶɲ ɩɨɞɿɛɧɚɞɨɡɜɢɱɚɣɧɨɝɨɡɚɤɨɧɨɬɜɨɪɟɧɧɹ, ɧɿɠɞɨɿɧɬɟɪɩɪɟɬɚɰɿʀɧɨɪɦɚɬɢɜɧɢɯɚɤɬɿɜ.

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PART 2. THE KINGDOM OF PRECEDENTS

1.Work in pairs. Make a list of things you can expect in a constitution. Listen to other students’ ideas and add them to your list.

2.Work in pairs. In the text below find the synonyms of the words in the box.

The United Kingdom's constitution may be described as uncodified, flexible, unitary, institutional and practical. It is derived from a number of unwritten and written sources: parliamentary acts, conventions, European Union law, common law etc. Its principal source is statute law, which determines the powers and scope of government, and the conduct of elections. A unique feature of the constitution is the absence of a formal doctrine of the separation of powers. Control depends on political and democratic principles rather than a rigid system.

Conventions have grown from custom and usage. Although not supported by law, these constitutional unwritten rules are sanctioned by common practice and political convenience and are considered to be binding. They are essential to the cooperation of the Crown, the House of Lords and the House of Commons, in whom the legislative, executive and judicial powers are vested.

Adjudications also provide rules of law which have constitutional significance. The doctrine of precedent dictates that such decisions are binding on lower courts. This judge-made law can derive from two sources: common law and interpretation of statutes.

There is no modern document that codifies the rights of citizens, because of the doctrine of negative rights, under which Britons have enjoyed the right to do anything that is not prohibited. The UK was one of the first countries to ratify the European Convention on Human Rights (ECHR). In 2000 the Convention became directly enforceable in the courts under the 1998 Human Rights Act. Nevertheless the courts may not invalidate statutes; they can only issue a “declaration of incompatibility” with the ECHR provisions.

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3.For questions 1-23, read the text below and then decide which word best fits each space. The exercise begins with an example (0).

REIGNS, BUT DOES NOT RULE

___________ (0) __________(1) is a key principle of the __________(2). The Royal ___________(3) is the ________(4) name for powers belonging to the Sovereign which have been _________(5) formally. The Royal prerogative is not _________(6). No new prerogative can be _________(7) and ________(8) can abolish _________(9) prerogatives. __________(10) the prerogatives are used on the advice of his/her _________(11). There are three constitutionally important powers: to _________(12) Parliament and

precipitate a general _________(13), to choose the Prime Minister in the case of there being no

_________ (14) candidate and ________(15) to legislation. _________(16), an extension of the royal prerogative to Parliament allows the ________(17) to _______(18) a wide variety of actions in the name of the _________(19), in particular, on ________(20) of national security, granting of royal ________(21), public and political appointments, the honors’ system, and accountability of Ministers. Regulation of these powers is political rather than formal or

_________(22), and reform has proceeded piecemeal _________(23) case law, and amendments to the Ministerial Code.

4.Listen to the text on the constitutional principles and fill in the gaps. You will hear the text twice.

THE PRINCIPLES OF THE CONSTITUTION

The essentials of the United Kingdom's __________ (1) are the sovereignty of ___________ (2) and the rule of ___________ (3). The latter means that everyone is ___________ (4) before the

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law. The ___________ (5) of law means preventing "arbitrary ___________ (6) making" and it rests on the wisdom of ___________ (7) and relies on good sense and judgment. The principle of Parliamentary ___________ (8) means that Parliament is the supreme law-___________ (9) body: its Acts are the highest source of British ___________ (10). It follows that ___________

(11) can alter the ___________ (12) simply by passing new Acts of Parliament. Another consequence of the ___________ (13) is that there is no hierarchy among ___________ (14) of Parliament: all parliamentary ___________ (15) is, in principle, of equal validity and effectiveness. However it is possible to indicate a special class of ‘constitutional ___________

(16)’ such as Magna Carta and the 1998 Human ___________ (17) Act. With Britain's membership of the European ___________ (18), both these traditional aspects of ___________

(19)law have recently come under debate and scrutiny as part of the process of ___________

(20)reform. Under the 1972___________ (21) Communities Act, the United Kingdom applies all European Union ___________ (22) that it passes in common with other member

___________ (23).

5. Fill in the gaps in the sentences below using a, the or (-). Explain your choice.

DEVOLUTION

Another important principle is that ____ (1) UK is ____ (2) unitary

state. ____ (3) authority of ____ (4) local and devolved bodies are

dependent on ____(5) Acts of ____(6) Parliament, and they can

in ____ (7) principle be abolished at ____ (8) will of ____ (9) UK

Parliament in ____(10) London, though in ___ (11) practice it is

extremely unlikely that such ____ (12) step would be taken. Since

1998 each country comprising ____(13) UK has had its own government, and although they exercise ____ (14) authority delegated from ____ (15) Parliament at ____ (16) Westminster, they all differ in form and

power. Constitutionally, ____ (17) result of this is that ____(18) Members of ____ (19) national Parliament have now lost their right to play any part in ____ (20) legislation for ____ (21) domestic affairs of ____ (22) Scotland and ____ (23) Northern Ireland, and their right to draw up

____ (24) secondary legislation for ____ (25) domestic affairs of ____ (26) Wales. They retain these rights only for ____ (27) England, in ____ (28) addition to which, ____ (29) members sitting for ____ (30) constituencies in ____ (31) Scotland, ____(32) Wales and ____(33) Northern Ireland have been deprived of most of their constituency duties. _____ (35) process of

____ (36) devolution has transformed ____ (37) Parliament in ____(38) Westminster into ____

(39) quasi-federal institution: ____ (40) Parliament for ____ (41) England, ____ (42) federal Parliament for ____ (43) Northern Ireland and ____ (44) Scotland, and ____ (45) Parliament for

____ (46) primary legislation for ____ (47) Wales.

6.Work in pairs. Fill in the table below on the basis of exercises 1-5. Then use the table to tell your partner everything you know about the US Constitution.

U.K. CONSTITUTION

The sources of the UK Constitution

The uniqueness of the UK Constitution

Sources and role of Conventions

UK Constitution and the European Law

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THE ROYAL PREROGATIVE

Meaning and types of Royal Prerogatives

Royal Prerogatives extended to Parliament

PRINCIPLES OF THE CONSTITUTION

The rule of law means

The Parliamentary sovereignty means

UK Constitution and the European Law

DEVOLUTION

The meaning of devolution

The effect of devolution on national MPs

The effect of devolution on MPs from Scottish,

Welsh and Northern Ireland constituencies

The effect of devolution on Westminster

Parliament in general

7.At home write an essay on the UK Constitutional Process in the Light of Uniformity within the European Union. Discuss the advantages and disadvantages of the present constitution and give your views on the UK Constitution possible arrangement. You may use the stating and justifying opinions elements and the text on constitutional reform below. See also: ‘For and Against’ Essays in the Recommendations on Creative Writing Work.

Stating and justifying opinions

Connectives for reason giving: because, so that, as, since, etc.

I/we need/want … . It would be better/more reasonable etc. to … . But first, shouldn’t we …? Even so, … I’m not sure I agree with you. I mean … I’m not sure you are right. You see …I see what you mean, but … . Look at this way. That’s all right for you, but …. Yes, but on the other hand, …I’m not sure at all that … . My concern is … .

WHAT IT IS FINE IN PRINCIPLE, IS HARD TO DO IN PRACTICE

There is an increasing tendency towards uniformity within the European Union that may challenge the essence of the United Kingdom's system of law, government and administration if not directly then indirectly. The main features of the United Kingdom's Constitutional arrangements that require careful consideration in the light of the proposed European constitution are:

the primacy of the House of Commons in its political and legislative roles;

the importance of a civil service that is permanent, neutral and appointed on merit; the dualism approach of the United Kingdom to international law and obligations

requiring domestic United Kingdom legislation to give effect to international obligations; the absence of a tradition involving a codified or written constitution;

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the absence of entrenched law and the lack of any technical classification distinguishing constitutional law from ordinary law;

a tradition of relatively few restraints on the House of Commons to enact legislation on the basis of the political sovereignty of the electorate;

the principles of ɋabinet and ministerial responsibility to the House of Commons and the functions of the various select committees of Parliament to take evidence and hold government to account.

As a process, the constitution addresses a wide variety of issues ranging from how policy is to be developed to the relationship between the Union and Member States. Two approaches may be taken: a narrow approach that is focused on the European Communities Act 1972 as the main basis for the Treaties and therefore the Constitution itself; a broader approach that considers the Constitution to be given primacy under European Union law that initiates a process that may affect the main institutions of government and more deeply the legal culture and traditions of the United Kingdom.

8. Translate into English

Ⱥ. Ʉɨɧɫɬɢɬɭɰɿɹ ɋɩɨɥɭɱɟɧɨɝɨ Ʉɨɪɨɥɿɜɫɬɜɚ ɫɤɥɚɞɚɽɬɶɫɹ ɿɡ ɞɜɨɯ ɱɚɫɬɢɧ – ɩɢɫɚɧɨʀ ɬɚ ɧɟɩɢɫɚɧɨʀ. ȼɨɧɚ ʉɪɭɧɬɭɽɬɶɫɹ ɧɚ ɡɦɿɫɬɿ ɚɤɬɿɜ ɩɚɪɥɚɦɟɧɬɭ, ɤɨɧɫɬɢɬɭɰɿɣɧɢɯ ɭɝɨɞ, ɡɚɤɨɧɨɞɚɜɫɬɜɿ ȯɜɪɨɩɟɣɫɶɤɨɝɨ ɋɨɸɡɭ, ɡɚɝɚɥɶɧɨɦɭ ɩɪɚɜɿ ɬɚ ɩɪɚɰɿ ɜɱɟɧɢɯ ɭ ɝɚɥɭɡɿ ɸɪɢɫɩɪɭɞɟɧɰɿʀ. Ƚɨɥɨɜɧɢɦ ʀʀ ɞɠɟɪɟɥɨɦ ɽ ɫɬɚɬɭɬɧɟ ɩɪɚɜɨ, ɳɨ ɜɢɡɧɚɱɚɽ ɩɨɜɧɨɜɚɠɟɧɧɹ ɣ ɨɛɦɟɠɭɽ ɜɥɚɞɭ ɭɪɹɞɭ, ɚ ɬɚɤɨɠ ɪɟɝɭɥɸɽ ɩɪɨɜɟɞɟɧɧɹ ɜɢɛɨɪɿɜ. Ȼɪɢɬɚɧɫɶɤɚ ɤɨɧɫɬɢɬɭɰɿɹ ɽ ɭɧɿɤɚɥɶɧɨɸ, ɨɫɤɿɥɶɤɢ ɧɟ ɦɿɫɬɢɬɶ ɨɮɿɰɿɣɧɨ ɡɚɤɪɿɩɥɟɧɨɝɨ ɩɪɢɧɰɢɩɭ ɪɨɡɩɨɞɿɥɭ ɜɥɚɞɢ. Ʉɨɧɫɬɢɬɭɰɿɣɧɿ ɭɝɨɞɢ ʉɪɭɧɬɭɸɬɶɫɹ ɧɚ ɬɪɚɞɢɰɿɹɯ ɬɚ ɡɜɢɱɚɹɯ, ɹɤɿ, ɯɨɱ ɿ ɧɟ ɡɚɮɿɤɫɨɜɚɧɿ ɸɪɢɞɢɱɧɨ, ɚɥɟ ɡɚɤɪɿɩɥɟɧɿ ɡɚɝɚɥɶɧɨɩɪɢɣɧɹɬɨɸ ɩɪɚɤɬɢɤɨɸ ɬɚ ɩɨɥɿɬɢɱɧɨɸ ɞɨɰɿɥɶɧɿɫɬɸ. ȼɨɧɢ ɽ ɨɛɨɜ’ɹɡɤɨɜɢɦɢ ɞɨ ɜɢɤɨɧɚɧɧɹ, ɚ ɬɚɤɨɠ ɩɿɞʉɪɭɧɬɹɦ ɞɥɹ ɜɡɚɽɦɨɞɿʀ ɝɥɚɜɢ ɞɟɪɠɚɜɢ, ɩɚɥɚɬɢ ɥɨɪɞɿɜ ɿ ɩɚɥɚɬɢ ɝɪɨɦɚɞ. Ɋɿɲɟɧɧɹ ɫɭɞɿɜ ɽ ɳɟ ɨɞɧɢɦ ɞɠɟɪɟɥɨɦ ɧɨɪɦ ɤɨɧɫɬɢɬɭɰɿɣɧɨɝɨ ɩɪɚɜɚ. Ɂɚ ɩɪɟɰɟɞɟɧɬɧɢɦ ɩɪɢɧɰɢɩɨɦ, ɜɨɧɢ ɦɚɸɬɶ ɨɛɨɜ’ɹɡɤɨɜɢɣ ɯɚɪɚɤɬɟɪ ɞɥɹ ɧɢɠɱɢɯ ɫɭɞɿɜ. ȼɿɞɫɭɬɧɿɫɬɶ ɞɨɤɭɦɟɧɬɚ, ɹɤɢɣ ɫɢɫɬɟɦɚɬɢɡɭɜɚɜ ɛɢ ɩɪɚɜɚ ɝɪɨɦɚɞɹɧ, ɩɨɹɫɧɸɽɬɶɫɹ ɳɟ ɣ ɬɢɦ, ɳɨ ɞɨɫɿ ɞɿɽ ɩɪɢɧɰɢɩ ɧɟɝɚɬɢɜɧɨɝɨ ɩɪɚɜɚ, ɜɿɞɩɨɜɿɞɧɨ ɞɨ ɹɤɨɝɨ «ɞɨɡɜɨɥɟɧɨ ɭɫɟ, ɳɨ ɧɟ ɡɚɛɨɪɨɧɟɧɨ ɡɚɤɨɧɨɦ». ȯɜɪɨɩɟɣɫɶɤɚ ɤɨɧɜɟɧɰɿɹ ɩɪɚɜ ɥɸɞɢɧɢ ɛɭɥɚ ɪɚɬɢɮɿɤɨɜɚɧɚ ɭ

1951 ɪɨɰɿ. ɏɨɱɚ ɡ 2000 ɪɨɤɭ ɛɪɢɬɚɧɫɶɤɿ ɫɭɞɢ ɡɨɛɨɜ’ɹɡɚɧɿ ɞɨɬɪɢɦɭɜɚɬɢɫɹ ɩɨɥɨɠɟɧɶ Ʉɨɧɜɟɧɰɿʀ ɩɪɨ ɩɪɚɜɚ ɥɸɞɢɧɢ (1998), ɨɞɧɚɤ ɜɨɧɢ ɧɟ ɦɨɠɭɬɶ ɫɤɚɫɨɜɭɜɚɬɢ ɩɨɩɟɪɟɞɧɿ

ɡɚɤɨɧɨɞɚɜɱɿ ɚɤɬɢ ɩɚɪɥɚɦɟɧɬɭ. ȼɨɧɢ ɥɢɲɟ ɦɨɠɭɬɶ ɤɨɧɫɬɚɬɭɜɚɬɢ ʀɯ ɧɟɫɭɦɿɫɧɿɫɬɶ ɡ ɩɨɥɨɠɟɧɧɹɦɢ Ʉɨɧɜɟɧɰɿʀ.

Ȼ. Ʉɨɪɨɥɿɜɫɶɤɚ ɩɪɟɪɨɝɚɬɢɜɚ – ɰɟ ɡɚɝɚɥɶɧɢɣ ɬɟɪɦɿɧ ɞɥɹ ɩɨɡɧɚɱɟɧɧɹ ɩɨɜɧɨɜɚɠɟɧɶ, ɹɤɿ ɧɚɥɟɠɚɬɶ ɦɨɧɚɪɯɭ ɹɤ ɝɥɚɜɿ ɞɟɪɠɚɜɢ ɿ ɹɤɿ, ɩɪɨɬɟ, ɧɿɤɨɥɢ ɧɟ ɛɭɥɢ ɨɮɿɰɿɣɧɨ ɜɢɡɧɚɱɟɧɿ. Ɂɝɚɞɚɧɿ ɩɨɜɧɨɜɚɠɟɧɧɹ ɽ ɧɟɡɦɿɧɧɢɦɢ, ɬɨɛɬɨ ɧɟ ɞɨɩɭɫɤɚɸɬɶ ʀɯ ɪɨɡɲɢɪɟɧɧɹ. ɉɚɪɥɚɦɟɧɬ ɦɚɽ ɩɪɚɜɨ ɫɤɚɫɨɜɭɜɚɬɢ ɨɤɪɟɦɿ ɜɢɤɥɸɱɧɿ ɩɪɚɜɚ. Ɍɟɩɟɪ, ɤɨɥɢ ɛɿɥɶɲɚ ɱɚɫɬɢɧɚ Ʉɨɪɨɥɿɜɫɶɤɨʀ ɩɪɟɪɨɝɚɬɢɜɢ ɩɟɪɟɣɲɥɚ ɞɨ ɩɚɪɥɚɦɟɧɬɭ, ɭɪɹɞ ɦɚɽ ɦɨɠɥɢɜɿɫɬɶ ɡɞɿɣɫɧɸɜɚɬɢ ɪɿɡɧɨɦɚɧɿɬɧɿ ɡɚɯɨɞɢ ɜɿɞ ɿɦɟɧɿ ɤɨɪɨɥɿɜɫɶɤɨʀ ɜɥɚɞɢ. ɇɟɜɿɞ’ɽɦɧɢɦɢ ɫɤɥɚɞɨɜɢɦɢ ɤɨɧɫɬɢɬɭɰɿʀ ɽ ɩɪɢɧɰɢɩɢ ɜɟɪɯɨɜɟɧɫɬɜɚ ɩɚɪɥɚɦɟɧɬɭ ɣ ɜɟɪɯɨɜɟɧɫɬɜɚ ɩɪɚɜɚ. ɇɟ ɿɫɧɭɽ ɠɨɞɧɨʀ ɿɽɪɚɪɯɿʀ ɚɤɬɿɜ ɩɚɪɥɚɦɟɧɬɭ. ɋɩɨɥɭɱɟɧɟ Ʉɨɪɨɥɿɜɫɬɜɨ ɽ ɭɧɿɬɚɪɧɨɸ ɞɟɪɠɚɜɨɸ. Ɉɪɝɚɧɢ ɦɿɫɰɟɜɨɝɨ ɫɚɦɨɜɪɹɞɭɜɚɧɧɹ, ɹɤɢɦ ɛɭɥɢ ɞɟɥɟɝɨɜɚɧɿ ɩɟɜɧɿ ɩɨɜɧɨɜɚɠɟɧɧɹ ɰɟɧɬɪɚɥɶɧɨʀ ɜɥɚɞɢ, ɮɭɧɤɰɿɨɧɭɸɬɶ ɡɝɿɞɧɨ ɿɡ ɡɚɤɨɧɨɞɚɜɱɢɦɢ ɚɤɬɚɦɢ ɩɚɪɥɚɦɟɧɬɭ. ɇɚ ɫɭɱɚɫɧɨɦɭ ɟɬɚɩɿ ɪɟɮɨɪɦɭɜɚɧɧɹ ɿɫɧɭɽ ɡɪɨɫɬɚɸɱɚ ɬɟɧɞɟɧɰɿɹ ɞɨ ɭɧɿɮɿɤɚɰɿʀ ɤɨɧɫɬɢɬɭɰɿʀ ɜ ɪɚɦɤɚɯ ɡɚɤɨɧɨɞɚɜɫɬɜɚ ȯɜɪɨɩɟɣɫɶɤɨɝɨ ɋɨɸɡɭ, ɳɨ ɦɨɠɟ ɫɭɬɬɽɜɨ ɡɦɿɧɢɬɢ ɫɢɫɬɟɦɭ ɩɪɚɜɚ, ɜɥɚɞɢ ɢ ɭɩɪɚɜɥɿɧɧɹ.

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PART 3. THE MIDNIGHT CONSTITUTION

1.Work in pairs. Make a list of things you can expect in a constitution. Listen to other students’ ideas and add them to your list.

2.Work in pairs. In the text below find the synonyms of the words in the box.

Ⱥ curious fact about the Constitution of Ukraine is that due to a complicated political situation it was adopted after midnight. It happened at the Verkhovna Rada on June 28, 1996. The Constitution is codified, that is, it is the single source of constitutional law in the state. In a unitary republic of Ukraine, the fundamental law vests the ultimate authority in one central administration, legislature and judiciary, though there is a delegation of power to municipal authorities. The ‘rule of law’ implies that law should function as the general measure of freedom, equality and justice. The people are the bearers of sovereignty and the only source of power in Ukraine. The people exercise the power directly, as well as through the bodies of state power and local self-government. Human rights, freedoms and their guarantees form the basis of the public policy. The constitution consists of 161 articles, which are divided into Preamble and 15 Chapters: General Principles; Human and Citizens' Rights, Freedoms and Duties; Elections, Referendum; the Verkhovna Rada of Ukraine; President of Ukraine; Cabinet of Ministers of Ukraine and Other Bodies of Executive Power; Justice; Prosecutor’s Office; Territorial Structure of Ukraine; Autonomous Republic of Crimea; Local Self-Government; Constitutional Court of Ukraine; Amendments to the Constitution of Ukraine; Final Provisions; Transitional Provisions. The Constitutional Court of Ukraine considers issues relating to the conformity of laws and other legal acts to the Constitution and has the exclusive right to interpret the Constitution. The Verkhovna Rada may amend the constitution through a special legislative procedure that involves obtaining the two-third majority. The constitution in force was positively assessed by European bodies influential in the area of constitutional legislation.

3.For questions 1-24, read the text below and then decide which word best fits each space. The exercise begins with an example (0).

_____ (0) Ukraine has the _______(1) constitution, it ______(2) that the constitution has supremacy _____(3) ordinary _______(4) law. The right to _______(5) the issues of the

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constitutional _____ (6) in Ukraine belongs ________(7) to the people. The ____ (8) of law is recognised and ______(9). Laws and other _______(10) legal acts are adopted on the ____(11) of the Constitution of Ukraine and must conform ___ (12) it. The Constitutional Court determines the ______(13) of laws and other legal acts to the Constitution and ______(14) the Constitution and laws of Ukraine. A draft law _____(15) introducing amendments is______(16) to the Verkhovna Rada by the President, or by no _____(17) People’s Deputies of Ukraine than two-third of the constitutional _______(18) on the condition that it is adopted by no less than two-thirds of the constitutional composition of the parliament, and is _____(19) by an AllUkrainian ______(20) designated by the President. The Constitution is not amended, if the amendments ______(21) the abolition or restriction of human and citizens' rights and freedoms, or if they are oriented toward the liquidation of the independence or violation of the territorial

_________(22) of Ukraine. The Constitution in _____(23) was amended on December 8, 2004. The amendments ______(24) into force on January 1, 2006 and modified the powers of the President, Verkhovna Rada, and Cabinet of Ministers.

4.Listen to the text on the human rights section of the Constitution of Ukraine and fill in the gaps. You will hear the text twice.

Generally the Venice Commission’s gives positive ________ (1) of the human rights section of the ________ (2) of the Constitution. The ________ (3) of rights protected shows _______ (4) to protect the full _____ (5) of rights _______ (6) by the European _______ (7) on Human Rights. According to the Constitution the “_______ (8) and scope” of the ________ (9) rights and freedoms must not be __________ (10). All people are free and equal in their _______ (11) and rights. Being not ________ (12) human rights and freedoms are _______(13) and

______(14). Under Article 3, a human being, his or her _____ (15) and health, _______ (16) and dignity, inviolability and ________ (17) are recognized as the highest social _____ (18). Citizens have _____ (19) constitutional rights and _______ (20) and are equal ________ (21).

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There are no ________ (22) or ________ (23) base on race, ________ (24), political, ______

(25) and other ______ (26), sex, ______ (27) and social ______ (28), property _____ (29), place of _______ (30), _______ (31) or other characteristics. Human and civil rights and freedoms are _______ (32) by the _____ (33). Each person is guaranteed the right to _______

(34) in court the _______ (35), actions or ______ (36) of government bodies, bodies of local

________ (37), officials and public _______ (38). Appeals to the court _________ (39) of the constitutional rights and freedoms of the individual and citizen are guaranteed directly

_________ (40) of the Constitution. The ________ (41) Human Rights _________ (42) of the Verkhovna Rada (Ombudsman) ________ (43) parliamentary control over the ________ (44) of constitutional human and citizens' rights and freedoms.

5. Fill in the gaps with suitable prepositions.

NEW PROCEDURE TO AMEND CONSTITUTION

__ (1) April, 2008, the Constitutional Court of Ukraine ruled that the

nation's Constitution can be amended ____ (2) the results __ (3)a national referendum. This ruling was issued __ (4) response __ (5)

the request submitted __ (6) the Court __ (7) the President ___ (8) a

ruling __ (9) the possibility __ (10) changing the basis __ (11) the country's constitutional system ____ (12) the involvement __ (13) the legislature. The Court stated that a decision passed __ (14) referendum

will be final and does not need – (15) parliamentary approval. ____ (16) the Court's decision, an amendment can be passed only ____ (17) the procedure prescribed __ (18) legislation and the Constitution. __ (19) present no Ukrainian law provides ___ (20) the possibility __ (21) amending __ 22) the Constitution other than __ (23) the legislature, and so it appears that the passage __ (24) an implementing __ (25) amendment __ (26) the legislature may be needed __ (27) order ___ (28) the President to achieve ___ (29) his aim.

6.Work in pairs. Fill in the table below on the basis of exercises 1-5. Then use the table to tell your partner everything you know about the US Constitution.

CONSTITUTION OF UKRAINE

The Constitution vests the ultimate authority in

The ‘rule of law’ means

How do the people exercise their authority

The basis of the public policy is formed by

The structure of the Constitution

The functions of the Constitutional Court

THE HUMAN RIGHTS SECTION OF THE CONSTITUTION OF UKRAINE

The scope of guaranteed rights as compared to European Convention on Human Rights

The role of courts

in protecting Constitutional rights

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The role of Verkhovna Rada in protecting Constitutional rights

PROCEDURE TO AMEND THE CONSTITUTION

The way to amend the Constitution according to the Constitutional Court

The contradiction between the existing laws and the Constitutional Court’s ruling

7.At home compare and contrast the Constitution of Ukraine and those of the USA and Britain. In which ways are they similar and in which different? Don’t give separate descriptions of each Constitution. You may use the clues in the boxes below. There is a possible beginning of your essay below the boxes. See also: Opinion Essays in the Recommendations on Creative Writing Work.

Stating and justifying opinions

Example

In my opinion, to a certain extent, the Constitutions of Ukraine resembles the Constitution of the USA. Both constitutions are codified, unitary and proclaim the guarantees of human rights and freedoms. On the other hand, …

8. Translate into English

Ɂɚ ɤɨɧɫɬɢɬɭɰɿɽɸ, ɩɪɢɣɧɹɬɨɸ ȼɟɪɯɨɜɧɨɸ Ɋɚɞɨɸ 1996 ɪɨɤɭ, ɍɤɪɚʀɧɚ ɜɢɡɧɚɱɚɽɬɶɫɹ ɹɤ ɫɭɜɟɪɟɧɧɚ, ɧɟɡɚɥɟɠɧɚ, ɞɟɦɨɤɪɚɬɢɱɧɚ, ɫɨɰɿɚɥɶɧɚ ɣ ɩɪɚɜɨɜɚ ɞɟɪɠɚɜɚ. Ⱦɟɪɠɚɜɧɚ ɜɥɚɞɚ ɜ ɍɤɪɚʀɧɿ ɡɞɿɣɫɧɸɽɬɶɫɹ ɧɚ ɡɚɫɚɞɚɯ ʀʀ ɩɨɞɿɥɭ ɧɚ ɡɚɤɨɧɨɞɚɜɱɭ, ɜɢɤɨɧɚɜɱɭ ɬɚ ɫɭɞɨɜɭ. ɉɪɚɜɚ ɣ ɫɜɨɛɨɞɢ ɥɸɞɢɧɢ ɬɚ ʀɯ ɝɚɪɚɧɬɿʀ ɜɢɡɧɚɱɚɸɬɶ ɡɦɿɫɬ ɿ ɫɩɪɹɦɨɜɚɧɿɫɬɶ ɞɿɹɥɶɧɨɫɬɿ ɞɟɪɠɚɜɢ. ɇɨɫɿɽɦ ɫɭɜɟɪɟɧɿɬɟɬɭ ɿ ɽɞɢɧɢɦ ɞɠɟɪɟɥɨɦ ɜɥɚɞɢ ɜ ɍɤɪɚʀɧɿ ɽ ɧɚɪɨɞ, ɹɤɢɣ ɡɞɿɣɫɧɸɽ ʀʀ «ɛɟɡɩɨɫɟɪɟɞɧɶɨ, ɚ ɬɚɤɨɠ ɱɟɪɟɡ ɨɪɝɚɧɢ ɞɟɪɠɚɜɧɨʀ ɜɥɚɞɢ ɬɚ ɨɪɝɚɧɢ ɦɿɫɰɟɜɨɝɨ ɫɚɦɨɜɪɹɞɭɜɚɧɧɹ». ɉɪɢɧɰɢɩ ɜɟɪɯɨɜɟɧɫɬɜɚ ɩɪɚɜɚ ɩɿɞɤɪɟɫɥɸɽ, ɳɨ ɜ ɍɤɪɚʀɧɿ ɦɚɽ ɩɚɧɭɜɚɬɢ ɩɪɚɜɨ ɹɤ ɡɚɝɚɥɶɧɚ ɨɰɿɧɤɚ ɫɬɭɩɟɧɹ ɫɜɨɛɨɞɢ, ɪɿɜɧɨɫɬɿ ɿ ɫɩɪɚɜɟɞɥɢɜɨɫɬɿ. ɉɪɚɜɚ ɬɚ ɫɜɨɛɨɞɢ ɥɸɞɢɧɢ ɿ ʀɯ ɝɚɪɚɧɬɿʀ ɜɢɡɧɚɱɚɸɬɶ ɡɦɿɫɬ ɿ ɫɩɪɹɦɨɜɚɧɿɫɬɶ ɞɿɹɥɶɧɨɫɬɿ ɞɟɪɠɚɜɢ. Ʉɨɧɫɬɢɬɭɰɿɹ ɫɤɥɚɞɚɽɬɶɫɹ ɿɡ 161 ɫɬɚɬɬɿ, ɜɤɥɸɱɚɸɱɢ ɩɪɟɚɦɛɭɥɭ ɬɚ 15 ɪɨɡɞɿɥɿɜ. ɑɢɧɧɚ Ʉɨɧɫɬɢɬɭɰɿɹ ɍɤɪɚʀɧɢ ɛɭɥɚ ɩɨɡɢɬɢɜɧɨ ɨɰɿɧɟɧɚ ɧɚɣɚɜɬɨɪɢɬɟɬɧɿɲɨɸ ɜ ɝɚɥɭɡɿ ɤɨɧɫɬɢɬɭɰɿɣɧɨɝɨ ɡɚɤɨɧɨɞɚɜɫɬɜɚ ȯɜɪɨɩɟɣɫɶɤɨɸ ɤɨɦɿɫɿɽɸ Ɋɚɞɢ ȯɜɪɨɩɢ.

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Ʉɨɧɫɬɢɬɭɰɿɹ ɍɤɪɚʀɧɢ ɦɚɽ ɧɚɣɜɢɳɭ ɸɪɢɞɢɱɧɭ ɫɢɥɭ. Ɂɚɤɨɧɢ ɬɚ ɿɧɲɿ ɧɨɪɦɚɬɢɜɧɨɩɪɚɜɨɜɿ ɚɤɬɢ ɩɪɢɣɦɚɸɬɶɫɹ ɧɚ ɨɫɧɨɜɿ Ʉɨɧɫɬɢɬɭɰɿʀ ɣ ɩɨɜɢɧɧɿ ɜɿɞɩɨɜɿɞɚɬɢ ʀɣ. ɇɨɪɦɢ Ʉɨɧɫɬɢɬɭɰɿʀ ɽ ɧɨɪɦɚɦɢ ɩɪɹɦɨʀ ɞɿʀ. Ɂɜɟɪɧɟɧɧɹ ɞɨ ɫɭɞɭ ɞɥɹ ɡɚɯɢɫɬɭ ɤɨɧɫɬɢɬɭɰɿɣɧɢɯ ɩɪɚɜ ɿ ɫɜɨɛɨɞ ɥɸɞɢɧɢ ɬɚ ɝɪɨɦɚɞɹɧɢɧɚ ɝɚɪɚɧɬɭɽɬɶɫɹ ɛɟɡɩɨɫɟɪɟɞɧɶɨ ɧɚ ɩɿɞɫɬɚɜɿ Ʉɨɧɫɬɢɬɭɰɿʀ ɍɤɪɚʀɧɢ. Ɂɝɿɞɧɨ ɡɿ ɫɬɚɬɬɟɸ 3, ɥɸɞɢɧɚ, ʀʀ ɠɢɬɬɹ ɿ ɡɞɨɪɨɜ’ɹ, ɱɟɫɬɶ ɿ ɝɿɞɧɿɫɬɶ, ɧɟɞɨɬɨɪɤɚɧɧɿɫɬɶ ɿ ɛɟɡɩɟɤɚ ɜɢɡɧɚɸɬɶɫɹ ɜ ɍɤɪɚʀɧɿ ɧɚɣɜɢɳɨɸ ɫɨɰɿɚɥɶɧɨɸ ɰɿɧɧɿɫɬɸ. ɍɫɿ ɥɸɞɢ ɽ ɜɿɥɶɧɢɦɢ ɬɚ ɪɿɜɧɢɦɢ ɭ ɫɜɨʀɣ ɝɿɞɧɨɫɬɿ ɬɚ ɩɪɚɜɚɯ. ɉɪɚɜɚ ɿ ɫɜɨɛɨɞɢ ɥɸɞɢɧɢ ɽ ɧɟɜɿɞɱɭɠɭɜɚɧɢɦɢ ɣ ɧɟɩɨɪɭɲɧɢɦɢ. ȼɨɧɢ ɧɟ ɽ ɜɢɱɟɪɩɧɢɦɢ. Ʉɨɧɫɬɢɬɭɰɿɣɧɿ ɩɪɚɜɚ ɣ ɫɜɨɛɨɞɢ ɝɚɪɚɧɬɭɸɬɶɫɹ ɿ ɧɟ ɦɨɠɭɬɶ ɛɭɬɢ ɫɤɚɫɨɜɚɧɿ. Ƚɪɨɦɚɞɹɧɢ ɦɚɸɬɶ ɪɿɜɧɿ ɤɨɧɫɬɢɬɭɰɿɣɧɿ ɩɪɚɜɚ ɣ ɫɜɨɛɨɞɢ ɿ ɽ ɪɿɜɧɢɦɢ ɩɟɪɟɞ ɡɚɤɨɧɨɦ. ɇɟ ɦɨɠɟ ɛɭɬɢ ɠɨɞɧɢɯ ɩɪɢɜɿɥɟʀɜ ɱɢ ɨɛɦɟɠɟɧɶ ɡɚ ɨɡɧɚɤɚɦɢ ɪɚɫɢ, ɤɨɥɶɨɪɭ ɲɤɿɪɢ, ɩɨɥɿɬɢɱɧɢɯ, ɪɟɥɿɝɿɣɧɢɯ ɬɚ ɿɧɲɢɯ ɩɟɪɟɤɨɧɚɧɶ, ɫɬɚɬɿ, ɟɬɧɿɱɧɨɝɨ ɣ ɫɨɰɿɚɥɶɧɨɝɨ ɩɨɯɨɞɠɟɧɧɹ, ɦɚɣɧɨɜɨɝɨ ɫɬɚɧɭ, ɦɿɫɰɹ ɩɪɨɠɢɜɚɧɧɹ, ɡɚ ɦɨɜɧɢɦɢ ɱɢ ɿɧɲɢɦɢ ɨɡɧɚɤɚɦɢ. ɉɪɚɜɚ ɣ ɫɜɨɛɨɞɢ ɥɸɞɢɧɢ ɿ ɝɪɨɦɚɞɹɧɢɧɚ ɡɚɯɢɳɚɸɬɶɫɹ ɫɭɞɨɦ. Ʉɨɠɧɨɦɭ ɝɚɪɚɧɬɭɽɬɶɫɹ ɩɪɚɜɨ ɧɚ ɨɫɤɚɪɠɟɧɧɹ ɜ ɫɭɞɿ ɪɿɲɟɧɶ, ɞɿɣ ɱɢ ɛɟɡɞɿɹɥɶɧɨɫɬɿ ɨɪɝɚɧɿɜ ɞɟɪɠɚɜɧɨʀ ɜɥɚɞɢ, ɨɪɝɚɧɿɜ ɦɿɫɰɟɜɨɝɨ ɫɚɦɨɜɪɹɞɭɜɚɧɧɹ, ɩɨɫɚɞɨɜɢɯ ɿ ɫɥɭɠɛɨɜɢɯ ɨɫɿɛ. Ʉɨɠɟɧ ɦɚɽ ɩɪɚɜɨ ɡɜɟɪɬɚɬɢɫɹ ɡɚ ɡɚɯɢɫɬɨɦ ɫɜɨʀɯ ɩɪɚɜ ɞɨ ɍɩɨɜɧɨɜɚɠɟɧɨɝɨ ȼɟɪɯɨɜɧɨʀ Ɋɚɞɢ ɍɤɪɚʀɧɢ ɡ ɩɪɚɜ ɥɸɞɢɧɢ.

ɋ. Ɂɚɤɨɧɨɩɪɨɟɤɬ ɩɪɨ ɜɧɟɫɟɧɧɹ ɡɦɿɧ ɞɨ Ʉɨɧɫɬɢɬɭɰɿʀ ɍɤɪɚʀɧɢ ɦɨɠɟ ɛɭɬɢ ɩɨɞɚɧɢɣ ɞɨ ȼɟɪɯɨɜɧɨʀ Ɋɚɞɢ ɩɪɟɡɢɞɟɧɬɨɦ ɚɛɨ ɧɟ ɦɟɧɲ ɹɤ ɬɪɟɬɢɧɨɸ ɧɚɪɨɞɧɢɯ ɞɟɩɭɬɚɬɿɜ ɜɿɞ ɤɨɧɫɬɢɬɭɰɿɣɧɨɝɨ ɫɤɥɚɞɭ ȼɟɪɯɨɜɧɨʀ Ɋɚɞɢ. Ɂɚɤɨɧɨɩɪɨɟɤɬ ɩɪɨ ɜɧɟɫɟɧɧɹ ɡɦɿɧ ɞɨ ɪɨɡɞɿɥɭ I «Ɂɚɝɚɥɶɧɿ ɡɚɫɚɞɢ», ɪɨɡɞɿɥɭ III «ȼɢɛɨɪɢ. Ɋɟɮɟɪɟɧɞɭɦ» ɿ ɪɨɡɞɿɥɭ XIII «ȼɧɟɫɟɧɧɹ ɡɦɿɧ ɞɨ Ʉɨɧɫɬɢɬɭɰɿʀ ɍɤɪɚʀɧɢ» ɩɨɞɚɽɬɶɫɹ ɞɨ ȼɟɪɯɨɜɧɨʀ Ɋɚɞɢ ɩɪɟɡɢɞɟɧɬɨɦ ɚɛɨ ɧɟ ɦɟɧɲ ɹɤ ɞɜɨɦɚ ɬɪɟɬɢɧɚɦɢ ɜɿɞ ɤɨɧɫɬɢɬɭɰɿɣɧɨɝɨ ɫɤɥɚɞɭ ȼɟɪɯɨɜɧɨʀ Ɋɚɞɢ ɿ ɡɚ ɭɦɨɜɢ ɣɨɝɨ ɩɪɢɣɧɹɬɬɹ ɧɟ ɦɟɧɲ ɹɤ ɞɜɨɦɚ ɬɪɟɬɢɧɚɦɢ ɜɿɞ ɤɨɧɫɬɢɬɭɰɿɣɧɨɝɨ ɫɤɥɚɞɭ ȼɟɪɯɨɜɧɨʀ Ɋɚɞɢ ɡɚɬɜɟɪɞɠɭɽɬɶɫɹ ɜɫɟɭɤɪɚʀɧɫɶɤɢɦ ɪɟɮɟɪɟɧɞɭɦɨɦ, ɹɤɢɣ ɩɪɢɡɧɚɱɚɽɬɶɫɹ ɩɪɟɡɢɞɟɧɬɨɦ. Ɂɚɤɨɧɨɩɪɨɟɤɬ ɩɪɨ ɜɧɟɫɟɧɧɹ ɡɦɿɧ ɞɨ Ʉɨɧɫɬɢɬɭɰɿʀ ɪɨɡɝɥɹɞɚɽɬɶɫɹ ȼɟɪɯɨɜɧɨɸ Ɋɚɞɨɸ ɡɚ ɧɚɹɜɧɨɫɬɿ ɜɢɫɧɨɜɤɭ Ʉɨɧɫɬɢɬɭɰɿɣɧɨɝɨ ɫɭɞɭ ɳɨɞɨ ɜɿɞɩɨɜɿɞɧɨɫɬɿ ɡɚɤɨɧɨɩɪɨɟɤɬɭ ɜɢɦɨɝɚɦ ɫɬɚɬɟɣ 157 ɿ 158 ɰɿɽʀ ɤɨɧɫɬɢɬɭɰɿʀ.

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LESSON 2. DON’T JUMP TO JUDGMENT UNTIL JUDGMENT DAY

PART 1. A COURT IS NOT THE BEST PLACE

TO COURT

1.Work in pairs. Make a list of the types of courts you can expect in the US court system. Listen to other students’ ideas and add them to your list.

2.Work in pairs. In the text below find the synonyms and antonyms of the words in the box.

One of three branches of federal government, the judiciary, consists of a system of courts spread throughout the country and headed by the Supreme Court of the United States. A system of state courts had existed before the Constitution was drafted. There was considerable controversy among the delegates to the Constitutional Convention as to whether a federal court system was needed and whether it should supplant the state courts. As in other matters under debate, the delegates reached a compromise in which the state courts continued their jurisdiction while the Constitution mandated a federal judiciary with limited power. Article III of the Constitution states the basis for the federal court system: “The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as Congress may from time to time ordain and establish.”

The Federal Court System. With this guide, the first Congress divided the nation into districts and created federal courts for each district. From that beginning the present structure has evolved: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress today retains the power to create and abolish federal courts, as well as to determine the number of judges in federal judiciary system. Congress cannot, however, abolish the Supreme Court. The judicial power extends to cases arising under the Constitution, an act of Congress, or a treaty of the United States, cases affecting ambassadors, ministers and consuls of the foreign countries in the United States, controversies in which the U.S. government is a party, controversies between the states (or their citizens) and foreign nations (or their citizens or subjects), and bankruptcy cases.

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3.For questions 1-18, read the text below and then decide which word best fits each space. The exercise begins with an example (0).

The __________(0) of the federal courts __________ (1) both to civil actions for damages and other redress, and to criminal cases arising under _________ (2) law. Article III __________ (3) a complex set of relationships between state and federal courts. Ordinarily, federal courts do not hear cases arising under the laws of individual states. The __________ (4) safeguards

__________ (5) independence by providing that judges hold office “during good behaviour” – in practice, until they die, retire, or __________ (6). Although a __________ (7) who commits an offence while in office may be impeached in the same way as president or other officials of the federal __________ (8). U.S. judges are __________ (9) by the president and confirmed by the Senate. Congress also __________ (10) the pay scale of judges. The 11th Amendment

__________ (11) from federal __________ (12) cases in which __________ (13) of one state are plaintiffs and the government or another state is the defendant. It did not disturb federal jurisdiction in __________ (14) in which the state government is a plaintiff, and a citizen of another ________ (15) is the defendant. However, some cases over which federal ________ (16) have jurisdiction may also be heard and _______ (17) by state courts. Both court ________ (18) thus have exclusive jurisdiction in some areas and concurrent jurisdiction in others.

4.Listen to the text on the US Supreme Court of and fill in the gaps in the text below. You will hear the text twice.

THE SUPREME COURT

The Supreme Court is the ________ (1) court of the United States, and the only one ________ (2)

__________ (3) by the Constitution. A decision of the Supreme Court cannot be __________ (4) to any other court. Congress has __________ (5) to fix the number of __________ (6) sitting on the Court and, within limits, __________ (7) what kind of cases it may __________ (8), but it cannot change the powers ________ (9) the Supreme Court by the Constitution itself. The Constitution is ________ (10) on the qualification for judges. There is no requirement that judges be __________ (11), although, in fact, all federal judges and Supreme Court _______ (12) have been members of the ________ (13). The Supreme Court __________ (14) a chief justice and eight __________ (15) justices. The

__________ (16) justice is the __________ (17) officer of the Court but, in __________ (18)

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cases, has only one __________ (19), as do the associate justices. The Supreme Court has

__________ (20) jurisdiction in only two kinds of cases: those involving __________ (21) dignitaries and those in which a state is a __________ (22). All other cases __________ (23) the Court on appeal from __________ (24) courts.

Of the several thousand cases __________ (25) annually, the Court usually hears only about 150. Most of the cases __________ (26) interpretation of the law or of the intent of Congress in

__________ (27) a piece of legislation. A __________ (28) amount of work of the Supreme Court, however, consists of ________ (29) whether legislation or executive acts _________ (30) to the Constitution. Decisions of the Court need not be __________ (31); a simple majority prevails, provided at least six justices – the __________ (32) quorum – participate in decision. In split decisions, the Court usually – __________ (33) a majority and a __________ (34) – or dissenting – opinion both of which may form the basis for future decisions by the Court. Often justices will __________ (35) separate concurring __________ (36) when they agree with decision, but for __________ (37) other than those __________ (38) by the majority.

5.Use pronouns instead of nouns in italics in the text below wherever possible. There is an example at the beginning (0).

0. Let Jack translate these articles.

Let him translate them.

Dred Scott v. Sandford (1857)

Dred Scott was a slave. John Emerson was Scott`s owner. J.Emerson took D.Scott from Missouri, a state that allowed slavery, to Illinois, where slavery was prohibited. Several years later Scott

returned to Missouri with Emerson. Scott believed that because Scott lived in a free state, Scott should no longer be considered a

slave.

Emerson died in 1843, and three years later Scott sued Emerson`s widow for Scott`s freedom. Scott won his case in a Missoury court in 1850, but in 1852 the state supreme court reversed the lower court`s decision. Meanwhile, Mrs.Emerson remarried, and Scott became the legal property of Mrs.Emerson`s brother, John Sanford (misspelled as Sandford in courts records). Scott sued

Sandford for Scott`s freedom in a federal court, and the court ruled against Scott in 1854.

When the case went to the Supreme Court, the justices ruled that Scott did not become a free man by virtue of having lived in a free state and that, as a black man, Scott was not a citizen and therefore was not entitled to bring suit in a court of law. The decision was widely criticized, and it contributed to the election of Abraham Lincoln, who opposed slavery, as president in 1860 and hastened the start of the Civil War in 1861.Dred Scott v. Sandford was overturned by the Thirteenth Amendment to the Constitution, which abolished slavery in 1865, and the Fourteenth Amendment, which granted citizenship to former slaves in 1868.

6.Work in pairs. Choose the correct pronoun form in the following sentences.

1.I forgot to call at the court though I had reminded me / myself about it all day long.

2.Take care of the pence, and the pounds will take care of themselves / them.

3.I lost control over me / myself and started laughing.

4.Has she accepted him / his proposal?

5.I was never less alone than when by itself / myself.

6.Don`t make you yourselves / yourself a mouse or the cat will eat you.

7.Roll my log, and I will roll yourself / yours.

8.The court prides itself / himself on fair trial.

9.More help is needed for people like ourselves / us.

10.Scott sued Emerson`s widow himself / him.

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7.Work in pairs. Fill in the table below on the basis of exercises 1-5. Then use the table to tell your partner everything you know about the US Court System.

SYSTEM OF US COURTS

The state courts/federal courts controversy

The basis for the federal court system

FEDERAL COURT SYSTEM

Amount of Supreme Courts

Amount of courts of appeals

Amount of district courts

Amount of courts of special jurisdiction

Congress can

Congress cannot

Cases the judicial power extends to

FEDERAL COURT SYSTEM VS STATE COURT SYSTEM

Which cases do the federal courts hear?

Which cases the federal courts do not hear?

How long do federal judges hold office?

What happens if a judge commits an offence?

Who appoints federal judges?

Who confirms federal judges’ appointments?

Who determines the federal judges’ pay scale?

What is the 11th Amendment about?

Can state courts hear federal cases?

US SUPREME COURT

Congress’ powers as to the Supreme Court

Congress can not

Requirements for federal and Supreme Court judges

Number of Supreme Court Judges

Types of cases the Supreme Court hears

How are decisions at the Supreme Court made?

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8.At home compare and contrast the US state and federal court systems. In which ways are they similar and in which different? Don’t give separate descriptions of each Constitution. You may use the clues in the boxes below as well as the text on the US district courts and courts of appeals. See also: Opinion Essays in the Recommendations on Creative Writing Work.

Stating and justifying opinions

I think that... In my opinion ... To my mind, ... I believe that... Personally, I feel that...

I can't be certain, but I think ... I could be wrong, but I think ... I personally think ...

If you want to know what I think, ... This is what I think ... In my personal opinion ..

Not everybody will agree with me, but... I'm not sure, but I think that...

Comparing and contrasting

COURTS OF APPEALS AND DISTRICT COURTS

The second highest level of federal judiciary is made up of the courts of appeals,

created in 1891 to facilitate the disposition of cases and ease the burden on the Supreme Court. Congress has established 12 regional circuit courts of appeals

and the U.S. Court of Appeals for the Federal Circuit. The number of judges sitting on each of these courts varies considerably (from 6 to 28), but most circuits have between 10 and 15 judges. The courts of appeals review decisions of district

courts (trial courts with federal jurisdiction) within their areas. They also are empowered to review orders of the independent regulatory agencies in cases where

the internal review mechanisms have been exhausted and there still exists substantial disagreement over legal points. In addition, the Court of Appeals for Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and laws decided by courts of special jurisdiction, the Court of International Trade and the Court of Federal Claims. Below the courts of appeals

are district courts. The 50 states and U.S. territories are involved into 94 districts so that litigants may have a trial within easy reach. Each district court has at least two judges, many have several judges, and the most populous districts have more than two dozen.

Depending on case load, a judge from one district may temporarily sit in another district. Congress fixes the boundaries of the districts according to population, size, and volume of work. Some of smaller states constitute a district by themselves, while the larger states, such as New York, California, and Texas have four districts each. Except in the District of Columbia, judges must be residents of the district in which they permanently serve. District courts hold their sessions at periodic intervals in different cities of the district. Most cases and controversies heard by these courts involve federal offences such as misuse of the mails, theft of federal property, and violations

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of pure-food, banking, and counterfeiting laws. These are the only federal courts where “grand” juries indict those accused of crimes and “petit” juries decide the cases. Each judicial district also includes a U.S. bankruptcy court, because Congress has determined that bankruptcy matters should be addressed in federal courts rather than state courts. Through the bankruptcy process, individuals or businesses that no longer pay their creditors either may seek a court-supervised liquidation of their assets or may reorganize their financial affairs and work out a plan to pay off their debts.

9. Translate into English

Ɍɪɟɬɹ ɝɿɥɤɚ ɮɟɞɟɪɚɥɶɧɨɝɨ ɭɪɹɞɭ – ɫɭɞɨɜɚ – ɫɤɥɚɞɚɽɬɶɫɹ ɡ ɦɟɪɟɠɿ ɫɭɞɿɜ, ɪɨɡɦɿɳɟɧɢɯ ɩɨ ɜɫɿɣ ɤɪɚʀɧɿ, ɧɚ ɱɨɥɿ ɡ ȼɟɪɯɨɜɧɢɦ ɫɭɞɨɦ ɋɒȺ. ɋɢɫɬɟɦɚ ɫɭɞɿɜ ɿɫɧɭɜɚɥɚ ɜ ɨɤɪɟɦɢɯ ɲɬɚɬɚɯ ɳɟ ɞɨ ɩɪɢɣɧɹɬɬɹ ɤɨɧɫɬɢɬɭɰɿʀ. ɋɟɪɟɞ ɞɟɥɟɝɚɬɿɜ Ʉɨɧɫɬɢɬɭɰɿɣɧɢɯ ɡɛɨɪɿɜ ɜɢɧɢɤɥɢ ɪɨɡɛɿɠɧɨɫɬɿ ɡ ɩɪɢɜɨɞɭ ɬɨɝɨ, ɱɢ ɩɨɬɪɿɛɧɚ ɮɟɞɟɪɚɥɶɧɚ ɫɢɫɬɟɦɚ ɫɭɞɿɜ ɿ ɱɢ ɦɚɽ ɜɨɧɚ ɜɢɬɿɫɧɢɬɢ ɫɭɞɢ ɲɬɚɬɿɜ. əɤ ɿ ɜ ɿɧɲɢɯ ɞɢɫɤɭɫɿɣɧɢɯ ɜɢɩɚɞɤɚɯ, ɞɟɥɟɝɚɬɢ ɞɨɫɹɝɥɢ ɤɨɦɩɪɨɦɿɫɭ, ɡɝɿɞɧɨ ɡ ɹɤɢɦ ɫɭɞɢ ɲɬɚɬɿɜ ɩɪɨɞɨɜɠɭɜɚɥɢ ɿɫɧɭɜɚɬɢ ɿ ɞɚɥɿ, ɬɨɞɿ ɹɤ ɮɟɞɟɪɚɥɶɧɨɦɭ ɩɪɚɜɨɫɭɞɞɸ ɤɨɧɫɬɢɬɭɰɿɹ ɧɚɞɚɥɚ ɨɛɦɟɠɟɧɿ ɩɨɜɧɨɜɚɠɟɧɧɹ. ɋɬɚɬɬɹ ȱȱȱ ɤɨɧɫɬɢɬɭɰɿʀ ɜɢɡɧɚɱɚɽ ɨɫɧɨɜɭ ɮɟɞɟɪɚɥɶɧɨʀ ɫɭɞɨɜɨʀ ɫɢɫɬɟɦɢ ɬɚɤ: «ɋɭɞɨɜɚ ɜɥɚɞɚ ɜ ɋɒȺ ɧɚɞɚɽɬɶɫɹ ɽɞɢɧɨɦɭ ȼɟɪɯɨɜɧɨɦɭ ɫɭɞɭ ɣ ɬɢɦ ɫɭɞɚɦ ɧɢɠɱɨʀ ɥɚɧɤɢ, ɹɤɿ ɦɨɠɟ ɩɪɢɡɧɚɱɚɬɢ ɤɨɧɝɪɟɫ». ɇɚ ɩɿɞɫɬɚɜɿ ɰɶɨɝɨ Ʉɨɧɝɪɟɫ ɩɟɪɲɨɝɨ ɫɤɥɢɤɚɧɧɹ ɩɨɞɿɥɢɜ ɤɪɚʀɧɭ ɧɚ ɨɤɪɭɝɢ ɣ ɞɥɹ ɤɨɠɧɨɝɨ ɡ ɧɢɯ ɡɚɩɪɨɜɚɞɢɜ ɨɤɪɭɠɧɿ ɫɭɞɢ. Ɂɜɿɞɫɢ ɿ ɩɨɯɨɞɢɬɶ ɫɭɱɚɫɧɚ ɫɬɪɭɤɬɭɪɚ: ȼɟɪɯɨɜɧɢɣ ɫɭɞ, 13 ɚɩɟɥɹɰɿɣɧɢɯ ɫɭɞɿɜ, 94 ɨɤɪɭɠɧɢɯ ɫɭɞɢ ɬɚ ɞɜɚ ɫɭɞɢ ɨɫɨɛɥɢɜɨʀ ɸɪɢɫɞɢɤɰɿʀ. ɇɚ ɫɶɨɝɨɞɧɿ Ʉɨɧɝɪɟɫ ɭɩɨɜɧɨɜɚɠɟɧɢɣ ɫɬɜɨɪɸɜɚɬɢ ɣ ɥɿɤɜɿɞɨɜɭɜɚɬɢ ɮɟɞɟɪɚɥɶɧɿ ɫɭɞɢ, ɚ ɬɚɤɨɠ ɜɢɡɧɚɱɚɬɢ ɱɢɫɥɨ ɫɭɞɞɿɜ ɭ ɮɟɞɟɪɚɥɶɧɿɣ ɫɭɞɨɜɿɣ ɫɢɫɬɟɦɿ. Ɉɞɧɚɤ ɜɿɧ ɧɟ ɦɨɠɟ ɪɨɡɩɭɫɬɢɬɢ ȼɟɪɯɨɜɧɢɣ ɫɭɞ. Ɏɟɞɟɪɚɥɶɧɚ ɫɭɞɨɜɚ ɜɥɚɞɚ ɩɨɲɢɪɸɽɬɶɫɹ ɧɚ ɫɩɪɚɜɢ, ɳɨ ɩɿɞɩɚɞɚɸɬɶ ɩɿɞ ɞɿɸ ɤɨɧɫɬɢɬɭɰɿʀ, ɪɿɲɟɧɶ Ʉɨɧɝɪɟɫɭ ɬɚ ɦɿɠɧɚɪɨɞɧɢɯ ɭɝɨɞ ɋɒȺ; ɧɚ ɫɩɪɚɜɢ, ɳɨ ɫɬɨɫɭɸɬɶɫɹ ɩɨɫɥɿɜ, ɦɿɧɿɫɬɪɿɜ ɿ ɤɨɧɫɭɥɿɜ ɿɧɨɡɟɦɧɢɯ ɞɟɪɠɚɜ ɭ ɋɒȺ; ɧɚ ɦɿɠɧɚɪɨɞɧɿ ɫɩɨɪɢ, ɜ ɹɤɢɯ ɭɪɹɞ ɋɒȺ ɜɢɫɬɭɩɚɽ ɫɬɨɪɨɧɨɸ; ɧɚ ɫɩɨɪɢ ɦɿɠ ɲɬɚɬɚɦɢ (ɱɢ ʀɯɧɿɦɢ ɝɪɨɦɚɞɹɧɚɦɢ) ɣ ɿɧɨɡɟɦɧɢɦɢ ɞɟɪɠɚɜɚɦɢ (ɚɛɨ ʀɯɧɿɦɢ ɝɪɨɦɚɞɹɧɚɦɢ ɱɢ ɩɿɞɞɚɧɢɦɢ); ɧɚ ɫɩɪɚɜɢ ɛɚɧɤɪɭɬɫɬɜɚ.

ȼɟɪɯɨɜɧɢɣ ɫɭɞ ɽ ɧɚɣɜɢɳɢɦ ɫɭɞɨɦ ɭ ɋɒȺ, ɜɿɧ ɽ ɽɞɢɧɢɦ, ɫɩɟɰɿɚɥɶɧɨ ɫɬɜɨɪɟɧɢɦ ɤɨɧɫɬɢɬɭɰɿɽɸ. Ɋɿɲɟɧɧɹ ȼɟɪɯɨɜɧɨɝɨ ɫɭɞɭ ɧɟ ɦɨɠɟ ɛɭɬɢ ɨɫɤɚɪɠɟɧɨ ɜ ɠɨɞɧɨɦɭ ɫɭɞɿ. Ʉɨɧɝɪɟɫ ɭɩɨɜɧɨɜɚɠɟɧɢɣ ɜɢɡɧɚɱɚɬɢ ɱɢɫɥɨ ɫɭɞɞɿɜ, ɳɨ ɡɚɫɿɞɚɸɬɶ ɭ ȼɟɪɯɨɜɧɨɦɭ ɫɭɞɿ, ɬɚ ɜɢɪɿɲɭɜɚɬɢ, ɹɤɿ ɫɚɦɟ ɫɩɪɚɜɢ ɜɿɧ ɦɚɽ ɩɪɚɜɨ ɡɚɫɥɭɯɨɜɭɜɚɬɢ, ɚɥɟ ɧɟ ɦɨɠɟ ɡɦɿɧɢɬɢ ɩɨɜɧɨɜɚɠɟɧɧɹ, ɧɚɞɚɧɿ ȼɟɪɯɨɜɧɨɦɭ ɫɭɞɭ ɤɨɧɫɬɢɬɭɰɿɽɸ. ɍ ɤɨɧɫɬɢɬɭɰɿʀ ɧɿɱɨɝɨ ɧɟ ɝɨɜɨɪɢɬɶɫɹ ɩɪɨ ɤɜɚɥɿɮɿɤɚɰɿɸ ɫɭɞɞɿɜ. ȼɨɧɚ ɧɟ ɜɢɦɚɝɚɽ, ɚɛɢ ɜɨɧɢ ɛɭɥɢ ɩɪɚɜɧɢɤɚɦɢ, ɯɨɱɚ ɮɚɤɬɢɱɧɨ ɜɫɿ ɮɟɞɟɪɚɥɶɧɿ ɫɭɞɞɿ ɬɚ ɫɭɞɞɿ ȼɟɪɯɨɜɧɨɝɨ ɫɭɞɭ ɛɭɥɢ ɫɜɨɝɨ ɱɚɫɭ ɱɥɟɧɚɦɢ ɫɭɞɿɜ ɚɛɨ ɚɞɜɨɤɚɬɭɪɢ. ȼɟɪɯɨɜɧɢɣ ɫɭɞ ɡɛɟɪɿɝ ɩɟɪɜɿɫɧɭ ɸɪɢɫɞɢɤɰɿɸ ɥɢɲɟ ɭ ɞɜɨɯ ɬɢɩɚɯ ɫɩɪɚɜ: ɤɨɥɢ ɰɟ ɩɨɜ’ɹɡɚɧɨ ɡ ɜɢɫɨɤɨɩɨɜɚɠɧɢɦɢ ɿɧɨɡɟɦɧɢɦɢ ɨɫɨɛɚɦɢ ɬɚ ɤɨɥɢ ɫɬɨɪɨɧɨɸ ɜɢɫɬɭɩɚɽ ɲɬɚɬ. ɍɫɿ ɿɧɲɿ ɫɩɪɚɜɢ ɧɚɞɯɨɞɹɬɶ ɞɨ ȼɟɪɯɨɜɧɨɝɨ ɫɭɞɭ ɬɿɥɶɤɢ ɡɚ ɚɩɟɥɹɰɿɽɸ ɧɚ ɪɿɲɟɧɧɹ ɫɭɞɿɜ ɧɢɠɱɨʀ ɥɚɧɤɢ.

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PART 2. HER MAJESTY`S COURTS

1.Work in pairs. Make a list of the types of courts you can expect in Britain. Listen to other students’ ideas and add them to your list.

2.Work in pairs. In the text below find the synonyms and antonyms of the words in the box.

Her Majesty’s Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom. Both criminal and civil courts primarily hear evidence and aim to determine what exactly happened in a case. Broadly speaking, the lower courts decide matters of fact and the upper courts normally deal with points of law.

The United Kingdom does not have a single unified judicial system – England and Wales have one system, Scotland – another one, and the Northern Ireland – still another one. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal’s jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of Employment Tribunals for England, Scotland and Wales (but not the Northern Ireland).

The Court of Appeals, the High Court, the Crown Court, the Magistrates’ Courts, and the County Courts are administered by Her Majesty’s Court Service, an executive agency of the Ministry of Justice.

The House of Lords is the highest appeal court in almost all cases in England and Wales. The judicial functions of the House of Lords are entirely separate from its legislative role with only the Law Lords hearing the appeals from the Court of Appeal and the High Court. Its decisions are binding on all lower courts. The Constitutional Reform Act 2005 transferred these functions to the Supreme Court of the United Kingdom. The House is also the court of trial in impeachment cases, although impeachment in England is now archaic.

The Privy Council is the highest court of appeal for the UK in a number of areas of law, particularly devolution matters. In addition, it is the highest court of appeal for a decreasing number of Commonwealth countries, the Channel Islands and the Isle of Man. The judges who sit on the Privy Council are for the most part also members of the Appellate Committee of the House of Lords.

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3.For questions 1-22, read the text below and then decide which word best fits each space. The exercise begins with an example (0).

The Supreme Court is the most important __________ (0) court of England and Wales. It

__________(1) of Court of Appeal, High Court of Justice and Crown Court. When all the

__________ (2) of the 2005 Constitutional Reform Act __________ (3), the __________ (4) comprised in the Supreme Court of England and Wales became known as the Senior Courts of England and Wales. This change was made __________ (5) to the establishment of the Supreme Court of the United Kingdom by that Act. The Court of Appeal __________ (6) only with appeals from other courts. The Court of Appeal consists of two __________ (7): the Civil Division __________ (8) appeals from the High Court, __________ (9) courts, certain

__________ (10) courts and certain tribunals, while the Criminal Division may only hear appeal from the Crown Court _________ (11) a trial on indictment. The High Court of Justice functions both as a civil trial court and a criminal appellate court for cases from _______ (12) courts. It consists of three divisions: the Queen`s Bench, the Chancery and Family divisions. Divisional courts of each division, consisting of two or more __________ (13), have __________ (14) appellate jurisdiction in certain cases. The main civil jurisdiction is exercised by a single judge hearing cases of the kind __________ (15) to the divisions to which the judges __________ (16). The criminal jurisdiction of the High Court is exercised exclusively by the Queen`s Bench Division. A divisional court of two or three judges deals with appeals from a Crown Court and magistrates` courts, and also exercises the __________ (17) jurisdiction of the court. The Crown Court is a criminal court of both __________ (18) and appellate jurisdiction which in addition handles a limited amount of civil business both at first instance and on appeal. It comprises judges of the __________ (19) Bench Division of the High Court, circuit judges and Recorders (part-time judges). The Crown Court is the only court in England and Wales that has jurisdiction to try cases on indictment and when exercising such role it is superior court. Such judgments cannot be __________ (20) by the Administrative Court of the Queen`s Bench Division of the High Court. The Crown Court is an inferior court __________ (21) the other work it undertakes, including appeals from the Magistrates` court and other tribunals.

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4.Listen to the text on the inferior courts in England and Wales and fill in the gaps. You will hear the text twice.

addition some Magistrates' Courts are also Family’s Proceedings Courts and hear Family law cases including __________ (11) and they have the power to make adoption orders. Family Proceedings Courts __________ (12). Youth courts are not open to the public, only the parties

__________ (13) in a case being admitted. County Courts are statutory courts with a purely

__________ (14). They are presided over by a District or Circuit Judge and the judge sits alone as __________ (15) without assistance from a jury. County courts have divorce jurisdiction and undertake private family cases, care proceedings and adoptions. County Courts are local courts in the sense that each one has an area over which certain kinds of jurisdiction – such as actions

__________ (16) land or cases concerning children who reside in the area – are exercised. For example, proceedings for __________ (17) must be started in the county court in whose district the property lies. The Court Service administers the tribunals that __________ (18) of the Lord Chancellor.

5.Work in pairs. Fill in the table below on the basis of exercises 2-4. Then use the table to tell your partner everything you know about the UK Court System.

SYSTEM OF UK COURTS

Functions of lower courts

Types of law which go beyond England and

Wales

Courts administered by Her Majesty’s Court

Service

Functions of the House of Lords as a court before the 2005 Constitutional Reform

Who took over the functions of the House of

Lords as a court after the 2005 Constitutional

Reform

Impeachment cases in England

Functions of the Privy Council as a court

TYPES OF UK COURTS

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Comparing and contrasting

7. Translate into English

ɇɟɡɜɚɠɚɸɱɢ ɧɚ ɱɢɫɥɟɧɧɿ ɫɭɞɨɜɿ ɪɟɮɨɪɦɢ, ɧɚ ɫɭɱɚɫɧɨɦɭ ɟɬɚɩɿ ɛɪɢɬɚɧɫɶɤɚ ɫɭɞɨɜɚ ɫɢɫɬɟɦɚ ɣ ɞɨɫɿ ɡɚɥɢɲɚɽɬɶɫɹ ɫɤɥɚɞɧɨɸ ɬɚ ɞɟɰɟɧɬɪɚɥɿɡɨɜɚɧɨɸ. ɍ ɡɜ’ɹɡɤɭ ɡ ɬɢɦ, ɳɨ ɩɪɟɰɟɞɟɧɬɧɟ ɩɪɚɜɨ ɽ ɫɭɬɬɽɜɨɸ ɫɤɥɚɞɨɜɨɸ ɱɚɫɬɢɧɨɸ ɤɨɧɫɬɢɬɭɰɿʀ, ɫɢɫɬɟɦɚ ɜɢɳɢɯ ɫɭɞɿɜ ɞɭɠɟ ɪɨɡɝɚɥɭɠɟɧɚ. ȼɢɳɨɸ ɫɭɞɨɜɨɸ ɿɧɫɬɚɧɰɿɽɸ ɭ ɋɩɨɥɭɱɟɧɨɦɭ Ʉɨɪɨɥɿɜɫɬɜɿ ɽ ɩɚɥɚɬɚ ɥɨɪɞɿɜ, ɹɤɚ ɪɨɡɝɥɹɞɚɽ ɚɩɟɥɹɰɿʀ ɚɩɟɥɹɰɿɣɧɢɯ ɿɧɫɬɚɧɰɿɣ Ⱥɧɝɥɿʀ ɬɚ ɍɟɥɶɫɭ, ɚ ɬɚɤɨɠ ɒɨɬɥɚɧɞɿʀ (ɬɿɥɶɤɢ ɡ ɰɢɜɿɥɶɧɢɯ ɫɩɪɚɜ). ȼɢɫɧɨɜɨɤ ɩɚɥɚɬɢ ɥɨɪɞɿɜ ɩɟɪɟɞɚɽɬɶɫɹ ɞɨ ɜɿɞɩɨɜɿɞɧɨʀ ɚɩɟɥɹɰɿɣɧɨʀ ɿɧɫɬɚɧɰɿʀ, ɹɤɚ ɮɨɪɦɭɥɸɽ ɩɨɫɬɚɧɨɜɭ ɜɿɞɩɨɜɿɞɧɨ ɞɨ ɰɶɨɝɨ ɜɢɫɧɨɜɤɭ.

ȼɟɪɯɨɜɧɢɣ ɫɭɞ Ⱥɧɝɥɿʀ ɬɚ ɍɟɥɶɫɭ ɨɱɨɥɸɽɬɶɫɹ ɥɨɪɞɨɦ-ɤɚɧɰɥɟɪɨɦ ɬɚ ɫɤɥɚɞɚɽɬɶɫɹ ɡ ɬɪɶɨɯ ɫɚɦɨɫɬɿɣɧɢɯ ɫɭɞɨɜɢɯ ɭɫɬɚɧɨɜ – Ⱥɩɟɥɹɰɿɣɧɨɝɨ ɫɭɞɭ, ȼɢɫɨɤɨɝɨ ɫɭɞɭ ɬɚ ɋɭɞɭ Ʉɨɪɨɧɢ. ɋɭɞɞɿ ȼɟɪɯɨɜɧɨɝɨ ɫɭɞɭ ɩɪɢɡɧɚɱɚɸɬɶɫɹ ɤɨɪɨɥɟɜɨɸ ɞɨɜɿɱɧɨ ɡɚ ɪɟɤɨɦɟɧɞɚɰɿɽɸ ɥɨɪɞɚ-ɤɚɧɰɥɟɪɚ ɡ ɱɢɫɥɚ ɛɚɪɢɫɬɟɪɿɜ (ɸɪɢɫɬɿɜ, ɳɨ ɜɢɫɬɭɩɚɸɬɶ ɜɢɤɥɸɱɧɨ ɭ ɜɢɳɢɯ ɫɭɞɨɜɢɯ ɿɧɫɬɚɧɰɿɹɯ).

Ⱥɩɟɥɹɰɿɣɧɢɣ ɫɭɞ ɫɤɥɚɞɚɽɬɶɫɹ ɡ ɰɢɜɿɥɶɧɨɝɨ ɬɚ ɤɪɢɦɿɧɚɥɶɧɨɝɨ ɜɿɞɞɿɥɟɧɶ ɿ ɤɨɥɟɝɿɚɥɶɧɨ ɪɨɡɝɥɹɞɚɽ ɚɩɟɥɹɰɿʀ ɧɚ ɩɨɫɬɚɧɨɜɢ ɧɢɠɱɢɯ ɫɭɞɞɿɜ. ȼɢɫɨɤɢɣ ɫɭɞ ɦɚɽ ɬɪɢ ɜɿɞɞɿɥɟɧɧɹ – ɋɭɞ ɤɨɪɨɥɿɜɫɶɤɨʀ ɥɚɜɢ, ɋɭɞ ɥɨɪɞɚ-ɤɚɧɰɥɟɪɚ ɬɚ ɫɿɦɟɣɧɟ ɜɿɞɞɿɥɟɧɧɹ. ɋɭɞ ɤɨɪɨɥɿɜɫɶɤɨʀ ɥɚɜɢ ɭ ɩɟɪɲɿɣ ɿɧɫɬɚɧɰɿʀ ɪɨɡɝɥɹɞɚɽ ɧɚɣɛɿɥɶɲ ɫɤɥɚɞɧɿ ɰɢɜɿɥɶɧɿ ɫɩɪɚɜɢ ɬɚ ɚɩɟɥɹɰɿʀ ɧɚ ɜɢɪɨɤɢ ɦɚɝɿɫɬɪɚɬɫɶɤɢɯ ɫɭɞɿɜ. ɋɭɞ ɥɨɪɞɚ-ɤɚɧɰɥɟɪɚ ɭ ɩɟɪɲɿɣ ɿɧɫɬɚɧɰɿʀ ɡɚɫɥɭɯɨɜɭɽ ɰɢɜɿɥɶɧɿ ɫɩɪɚɜɢ, ɹɤɿ ɩɨɜ’ɹɡɚɧɿ ɡ ɜɥɚɫɧɿɫɬɸ, ɛɚɧɤɪɭɬɫɬɜɨɦ ɬɨɳɨ. ɋɿɦɟɣɧɟ ɜɿɞɞɿɥɟɧɧɹ ɪɨɡɝɥɹɞɚɽ ɫɤɚɪɝɢ ɧɚ ɪɿɲɟɧɧɹ ɦɚɝɿɫɬɪɚɬɫɶɤɢɯ ɫɭɞɿɜ ɡ ɛɭɞɶ-ɹɤɢɯ ɫɭɩɟɪɟɱɨɤ, ɳɨ ɫɬɨɫɭɸɬɶɫɹ ɫɿɦɟɣɧɢɯ ɜɿɞɧɨɫɢɧ.

ɍ ɡɜ’ɹɡɤɭ ɿɡ ɫɭɞɨɜɨɸ ɪɟɮɨɪɦɨɸ 1971 ɪɨɤɭ ɛɭɜ ɭɬɜɨɪɟɧɢɣ ɋɭɞ Ʉɨɪɨɧɢ, ɹɤɢɣ ɭ ɩɟɪɲɿɣ ɿɧɫɬɚɧɰɿʀ ɡɚ ɭɱɚɫɬɸ ɩɪɢɫɹɠɧɢɯ (ɜ ɿɧɲɢɯ ɛɪɢɬɚɧɫɶɤɢɯ ɤɪɢɦɿɧɚɥɶɧɢɯ ɫɭɞɚɯ ɩɪɢɫɹɠɧɢɯ ɧɟɦɚɽ) ɪɨɡɝɥɹɞɚɽ ɧɚɣɛɿɥɶɲ ɫɟɪɣɨɡɧɿ ɤɪɢɦɿɧɚɥɶɧɿ ɫɩɪɚɜɢ, ɚ ɬɚɤɨɠ ɚɩɟɥɹɰɿʀ ɧɚ ɜɢɪɨɤɢ ɬɚ ɪɿɲɟɧɧɹ ɦɚɝɿɫɬɪɚɬɫɶɤɢɯ ɫɭɞɿɜ. Ⱦɨ ɤɚɬɟɝɨɪɿʀ ɧɢɠɱɢɯ ɫɭɞɿɜ ɛɪɢɬɚɧɫɶɤɨʀ ɫɭɞɨɜɨʀ ɫɢɫɬɟɦɢ ɧɚɥɟɠɚɬɶ ɫɭɞɢ ɝɪɚɮɫɬɜ ɿ ɦɚɝɿɫɬɪɚɬɫɶɤɿ ɫɭɞɢ. ɋɭɞɢ ɝɪɚɮɫɬɜ (ʀɯ ɧɚɪɚɯɨɜɭɽɬɶɫɹ ɛɥɢɡɶɤɨ 350) ɽ ɨɫɧɨɜɧɢɦɢ ɨɪɝɚɧɚɦɢ ɰɢɜɿɥɶɧɨɝɨ ɩɪɚɜɨɫɭɞɞɹ, ɹɤɿ ɭ ɩɟɪɲɿɣ ɿɧɫɬɚɧɰɿʀ ɪɨɡɝɥɹɞɚɸɬɶ ɛɥɢɡɶɤɨ 90 % ɭɫɿɯ ɤɪɢɦɿɧɚɥɶɧɢɯ ɫɩɪɚɜ. Ɇɚɝɿɫɬɪɚɬɫɶɤɿ ɫɭɞɢ ɜɢɪɿɲɭɸɬɶ ɛɥɢɡɶɤɨ 98 % ɤɪɢɦɿɧɚɥɶɧɢɯ ɫɩɪɚɜ, ɚɥɟ, ɹɤɳɨ ɡɥɨɱɢɧ ɨɫɨɛɥɢɜɨ ɫɟɪɣɨɡɧɢɣ, ɬɨ ɫɩɪɚɜɚ ɩɟɪɟɞɚɽɬɶɫɹ ɞɨ ɋɭɞɭ Ʉɨɪɨɧɢ. ɉɨɪɹɞ ɿɡ ɫɭɞɚɦɢ ɡɚɝɚɥɶɧɨʀ ɸɪɢɫɞɢɤɰɿʀ ɜ Ⱥɧɝɥɿʀ ɬɚ ɍɟɥɶɫɿ ɮɭɧɤɰɿɨɧɭɸɬɶ ɫɩɟɰɿɚɥɿɡɨɜɚɧɿ ɫɭɞɢ (ɬɪɢɛɭɧɚɥɢ), ɹɤɿ ɭɬɜɨɪɸɸɬɶɫɹ ɡɚ ɝɚɥɭɡɟɜɢɦ ɩɪɢɧɰɢɩɨɦ. ɇɚɩɪɢɤɥɚɞ, ɋɭɞ ɡ ɪɨɡɝɥɹɞɭ ɫɤɚɪɝ ɧɚ ɨɛɦɟɠɟɧɧɹ ɫɜɨɛɨɞɢ ɩɿɞɩɪɢɽɦɰɿɜ, ɩɪɨɦɢɫɥɨɜɿ ɬɪɢɛɭɧɚɥɢ ɬɨɳɨ.

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