English_for_Lawyers_2011

Unit 1. Constitutional Law. Section 2. Constitution of Ukraine

Unit 1. Constitutional Law

Section 2. Constitution of Ukraine

I. LEAD-IN

1.Read the sentences. Three of these sentences are wrong. Find them and say why you have chosen them.

1.Ukraine has no written constitution.

2.The Constitution of Ukraine was adopted in 1996.

3.The form of state government is a presidential republic.

4.The power in Ukraine belongs to people.

5.The Constitution was confirmed by the Verkhovna Rada of Ukraine.

6.The Constitution can be interpreted only by the Constitutional Court.

7.Laws and other normative legal acts must conform to the Constitution of Ukraine.

8.The right to amend the Constitution is vested with the Cabinet of Ministers.

Read the text and work over the terms italicized in the text:

Vocabulary Notes:

To promulgate – проголошувати, оприлюднювати

TEXT 2

HISTORY OF CONSTITUTION OF UKRAINE

The Constitution of Ukraine is the main formal document of our country. The adoption of a new constitution of Ukraine at the 5th session of the Verkhovna Rada of Ukraine on June 28, 1996 became an important event in the life of the people of Ukraine. The constitution is the fundamental law of the land: laws and other normative legal acts must conform to it. The right to amend the Constitution through a special legislative procedure is vested exclusively with the parliament. The only body that may determine whether legislation conforms to it is the Constitutional Court of Ukraine.

The first Constitution of Ukraine was written by hetman Philip Orlyk in 1710. Being the first constitution in Europe it was notable for its profound

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democracy. The experience of Ukrainian people’s republic (1918) played a significant role in the constitutional process. Until June 8, 1995, Ukraine’s supreme law was the Constitution of the Ukrainian SSR (adopted in 1978, with numerous later amendments). Present Constitution was adopted at a dramatic overnight parliamentary session of June 27-28, 1996. The Law No. 254/96-ВР ratifying the Constitution was ceremonially signed and promulgated in mid-July 1996. However, according to a ruling of the Constitutional Court, current Constitution took force at the moment when the results of the parliamentary vote were announced, i.e., June 28, 1996.

On December 8, 2004, the parliament passed the Law No. 2222-IV amending the Constitution. The law was approved with a 90 percent majority (402 ayes, 21 nays and 19 abstentions while for passing it required 300 ayes) simultaneously with other legislative measures aimed at resolving the presidential election crisis.

Principles of democracy common to all mankind are embodied in the Constitution which guarantees the basic economic, social, cultural, public and political rights to the citizens of Ukraine. According to the Constitution Ukraine is a sovereign, democratic, social and juridical state. The form of state government is a republic. The head of the state is the President. The power belonging to the people of Ukraine is exercised through democratic elections by state government bodies and self-government institutions. All citizens have equal rights. People are proclaimed the greatest social value in Ukraine. These and other regulations are developed in the chapters of the Constitution.

The best national traditions are embodied in the fundamental law of Ukraine. The Constitution creates the legal bases of regulation of social relations.

II.DEVELOPMENT

1.Read the dates and make your comments referring to the text:

1996

1710

2004

1978

1918

Which date is concerning the topic «History of Amendments of the Constitution»?

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Unit 1. Constitutional Law. Section 2. Constitution of Ukraine

2. Give the Ukrainian equivalents to the basic terms:

The main formal document, the fundamental law of the land, special legislative procedure, regulation of social relations, majority

Reconstruct the sentences with these word combinations.

3. Suggest the meaning of the following verbs:

Adopt, amend, promulgate, proclaim, exercise, vest, approve, develop, embody, announce.

Using the Passive Voice constructions make up sentences of your own with the given verbs.

4.Complete the sentences and let your fellow student translate them into Ukrainian:

1.The Constitution establishes…

2.According to the Constitution, all mineral and natural resources in our country belong to…

3.The Constitution guarantees…

4.The Constitution specifies the powers of…

5.The highest body of legislative power is…

6.The Constitution was adopted…

7.Justice in Ukraine is exercised and administered by…

8.According to the Constitution, church and religious organizations are…

5. Match the words used while voting:

Work in a group: Reconstruct the situation of the meeting of the Cabinet of Ministers (let the «secretary» announce the results of approving or rejecting the point).

6. Supply the necessary words.

The main points of the Constitution:

(Державна мова) of Ukraine is Ukrainian.

(Державні символи) are the State flag, the State Emblem and the State Anthem.

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Every person has the right to free development of his/her personality as long as there are no (порушень прав та свобод інших громадян).

(Усі громадяни) have equal Constitutional rights and are equal before the law.

(Захист Батьківщини, її незaлежність та територіальна цілісність, а також повага до державних символів) are the duty of Ukrainian citizens.

Citizens who have reached the age of 18 (мають право голосувати) and are guaranteed free expression of their vote.

The President of Ukraine is (голова держави) and speaks on behalf on it. The Constitution of Ukraine (складається з 15 глав та 161 статті). (День її прийняття) is a state holiday – the day of the Constitution

of Ukraine.

III. WRITING

Work in pairs. Write notes in the chart and be ready to discuss the results in the group:

The System of Judicial Power in Ukraine

The Constitutional Court

The Supreme Court

Court of appeal

Local Court

IV. PRACTICE AND EXPERIENCE

1.Study the contents of the Constitution of the Russian Federation and the Constitution of Ukraine. Compare the structures and make notes paying special attention to similarities and differences of the layout of these documents.

The Constitution of the Russian Federation

First Section

Chapter 1

The Fundamentals of the Constitutional System (Art. 1–16)

Chapter 2

Rights and Freedoms of Man and Citizen (Art. 17–64)

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Unit 1. Constitutional Law. Section 2. Constitution of Ukraine

Chapter 3

The Federal Structure (Art. 65–79)

Chapter 4

The President of the Russian Federation (Art. 80–93)

Chapter 5

The Federal Assembly (Art. 94–109)

Chapter 6

The Government of the Russian Federation (Art. 110–117)

Chapter 7

Judicial Power (Art. 118–129)

Chapter 8

Local Self-Government (Art. 130–133)

Chapter 9

Constitutional Amendments and Review of the Constitution (Art. 134–137)

Second section

Concluding and Transitional Provisions

The Constitution of Ukraine

Preamble

Chapter I

General Principles

Chapter II

Rights, Freedoms and Duties of Individuals and Citizens

Chapter III

Elections; Referendum

Chapter IV

The Verkhovna Rada of Ukraine

Chapter V

The President of Ukraine

Chapter VI

The Cabinet of Ministers of Ukraine; Other Organs of Executive

Authority

Chapter VII

Prosecutor’s Office

Chapter VIII

The System of Justice

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Chapter IX

Territorial Structure of Ukraine

Chapter X

The Autonomous Republic of Crimea

Chapter XI

Local Self-government

Chapter XII

The Constitutional Court of Ukraine

Chapter XIII

Amending the Constitution of Ukraine

Chapter XIV

Final Provisions

Chapter XV

Transitional Provisions

V. OVER TO YOU

1. The suggested topic for further discussion:

The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minority.

2.Find out from your partner Student A:

–how the Constitution can be amended;

–what principles are embodied in the Constitution;

–how the power is exercised

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Unit 2. States, Statutes and Constitutions. Section 1. Constitutional Law in the UK and USA

Unit 2. States, Statutes

and Constitutions

Section 1. Constitutional Law

in the UK and USA

I. WARMING-UP

Decide where I is for [ai] and which of the following words contain [i]:

Britain, outline, rights, theorist, constitutional, written, write, sign, signature, united, unit, legislate, political, derive, exist, provide, majority, important, ideology.

Sort out the words into the columns «The UK», «The USA»

You teacher will consult you about meanings of the unknown words.

Queen/King, Congress, Parliament, the Great Charter, Bill of Rights, the PM, the Senate, MPs, House of Lords, House of Representatives, LordChancellor, the Supreme Court, Federal Court of Appeal, the President, Home Secretary, Secretary of State, Royal assent.

TEXT 1

CONSTITUTIONAL LAW IN THE UK AND THE USA

Being the supreme law, the constitution helps the state function on the basis of outlined rules and generally accepted principles. If we try to compare the main characteristics of the constitutions of the United States and Great Britain, we will see that the first one is presented in the written form while the second one is considered to be unwritten. However, we should keep in mind that many parts of the British constitution exist in written form too. One of the most important enactments of the British constitution was the Great Charter (1215) when king John had to sign the document where the rights of the Englishmen were written down. Among other leading enactments, we should mention the Bill of Rights (1689), the Act of Settlement (1700-1701) and the Parliament Act of 1911.

The sources of English constitutional law are statutes, precedents, textbooks, the writings of historians and political theorists and other documents of importance. As there is no codified document then there is no special safeguard

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for constitutional rules. Constitutional law can be changed or amended. The Parliament is authorized to legislate in any field. There are no fundamental ideologies and no procedures to interfere with constitutional change.

In the USA there exists a written constitution adopted in 1788. It starts with the words: «We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America».

While American constitutional law derives many of its forms from the common law, it is important to note that the constitutional order of the United States was very different from that of the United Kingdom. The Constitution’s written nature and formal enumeration of the power of government are the main factors determining this difference. Constitutional law of the USA deals with interpretation and implementation of the United States Constitution, the fundamental law of the country. Constitutional law also deals with relationships within society, including the relations among the states, the states and the federal government, the three branches (the executive, legislature and judiciary) of the federal government, and the rights of the individuals on the federal and state level. The logic of separation of powers is as follows: the principle of separation of powers requires that the legislature not act beyond its constitutional authority; it establishes the courts as the final legal arbiter of that principle; an official who acts beyond one’s legal authority acts unlawfully and is subject to legal liability accordingly. The Supreme Court has played the crucial role in interpreting the main constitutional provisions. Consequently, study of constitutional law focuses mainly on Supreme Court rulings.

The Supreme Court’s interpretations of the Constitution are binding on the legislative and executive branches of the federal government, on the lower courts in the federal system and on all state courts. That is why they say that the US has a rigid constitution because proposals to amend the main constitutional document can only be added through a complex procedure of majority vote in each house of Congress.

II.COMPREHENSION

1.Answer the following questions:

1.Does the British constitution have systematic statement of law?

2.What are the main sources of constitutional law in the UK and the US?

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Unit 2. States, Statutes and Constitutions. Section 1. Constitutional Law in the UK and USA

3.What notions are stressed in the Preamble (передмові) to the Constitution of the US?

4.What judicial body in the US is given power to interpret the Constitution?

5.Can you name the leading enactments of the British constitution?

2.Why is the division of power important? What are drawbacks (недоліки) and advantages of one-house legislature?

3.Compare the system of government of the United States, the United Kingdom and of Ukraine? How is power separated among different branches?

4.Explain the meaning of the following words in English:

Executive, judicial, legislature, interpreting the Constitution.

Referring to the text make up a dialogue on the topic «Separation of powers».

III.VOCABULARY STUDY

1.Restore the word order:

a.A/ of government/ the United States/ structure/ has/ federal.

b.On/ the Constitution/ state/ autonomy/ imposes/ limitations.

c.Are/ by/ constituted/ rules/ legal/ the/ and/ the/ courts/ legislature.

d.Called/ the/ rules/ are/ creating/ of government/ agencies/ rules/ constitutive.

e.by/ Congress/ legislative/ the/ power/ exercised/ is.

f.Have/ the/ law/ the/ courts/ authority/ has/ to determine/ conferred.

g.Imposes/ the U.S. Constitution/ obligations/ on/ the/ legal/ states/ with/ each/ in/ their/ other/ relationships.

h.Defined/ the/ the U.S. Constitution/ of/ the/ powers/ government/ federal.

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2.Match the suitable translation to the following combinations with the word «power»

Powers expressly assigned

Separation of powers

The Great Powers

The power of attorney

Power to contract

Power structure

The power of attorney and substitution

Power politics

Великі держави Політика з позиції сили

Право на укладання договорів Розподіл владних повноважень Безпосередньо надані повноваження Доручення Доручення з правом передоручення

Структура розподілу влади The Great Charter (Magna Carta)

3. Read the text and fill in the blanks with verbs in necessary forms:

The idea that government (to be, not) powerful (to appear) with King John’s signing the Magna Carta in 1215 under the threat of civil war. The document (to establish) the principle of limited government refusing the absolute role of the monarch. The Great Charter (to provide) for protection against unjust punishment and the loss of life, liberty and property except according to law. It (to stipulate) that no citizen (can, to punish) without a fair trial. Under this prominent document the king (can, not, to collect) taxes without consulting his advisors.

Though the Magna Carta (to intend) as the document protecting the aristocracy in time it (to come) one of the cornerstones of British liberties. It (to be) still (to regard) one of the oldest written constitutional papers.

4.Read and comment upon the definition of the constitutional rights given below:

Constitutional rights are given or reserved to the people by the U.S. Constitution, and in particular, the Bill of Rights (first ten amendments). These

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