The Bodies of Government in the United Kingdom.

Great Britain is a monarchy, but the Queen of Great Britain is not absolute, but constitutional. Her powers are limited by Parlia­ment. But the power is hereditary, and not elective.

The power of the monopolists over the Parliamentary govern­ment in Britain is achieved in three main ways: 1) by direct repre­sentation in Parliament, by business men and by politicians support­ing businessmen; 2) by direct influence over the Cabinet, the su­preme organ of the British Government which controls Parliament; and 3) by initiation, control and amendment of legislation in which they are interested.

The bodies of government in the United Kingdom are: those of the legislature, which consists of the Queen in Parliament and is the supreme authority of the country; those of the executive and those of the judiciary.

The executive bodies consist of 1) the Cabinet and other minis­ters of the Crown who are responsible for directing national policy; 2) government departments, who are responsible for administration at the national level; 3) local authorities who administer and con­trol many services at the local level; and 4) statutory boards, who are responsible for the operation of particular nationalized indus­tries or public services. The highest judicial body in the English ju­dicial system is the House of Lords.

The Prime Minister is usually the leader of the party that has a majority in the House of Commons. The Prime Minister usually takes policy decisions with the agreement of his Cabinet (a committee of leading Ministers). Each new Prime Minister may make changes in the size of his Cabinet and may create new ministries or make other changes. The Prime Minister holds Cabinet meetings at his (her) house at number 10 Downing Street, which is very near the Houses of Parliament in Westminster.

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Active vocabulary:

Monarchy, hereditary, elective, to achieve, support, influence, supreme organ, legislature, authority, executive, judiciary, to be responsible, to administer, statutory, board, particular, majority, change, create, to hold a meeting.

Questions:

1. What is the state system in Great Britain ?

2. Is the power of the Queen elective ?

3. Does the Prime Minister change the Cabinet ?

4. In what way do monopolists achieve their power over the government ?

5. Where does the Prime Minister hold Cabinet meetings ?

"Outlines of Constitutional Law" (after Chalmers and Asquith's)

To understand English constitutional law it is necessary to study numerous documents, including constitutional treaties like the Bill of Rights, various statutes and judicial decisions and others. But the whole of the Constitution of Britain will not be found in many of these documents. The English constitution, though partly written, is yet to be regarded as "unwritten" from the standpoint of constitu­tional lawyers, as it is not codified as a whole in any particular docu­ment or documents. The English Constitution is considered to be flexible because Parliament can "make or unmake" any law by the

same procedure and with the same ease.

The Constitution is not the source of the law, but the law gives birth to the Constitution.

Though the King (Queen) is the nominal Sovereign, any par­ticular Parliament during the period of its existence is legally su­preme.

In England the rights of the subject are mostly deduced from actual decisions in which remedies have been afforded for their inva­sion. Thus it is sometimes said that under the English Constitution the remedy precedes the right.

In administering justice the judges enjoy little arbitrary power. The law which they administer is defined by statutes and other docu­ments having statutory validity, and by judicial precedents.

Theory and practice concerning English constitutional law are divergent, as it is seen from the following illustrations:

1. In theory the Sovereign is to be an active party to the mak­ing of laws, but in practice he has a shadowy veto.

2. In theory every Lord of Parliament is a Judge of the House of Lords, entitled to take part in appeals from the lower Courts; in prac­tice he always absents himself unless qualified by statute to sit~there as one of the quorum

3. In theory certain persons (e.g Lord Mayor) are invested with judicial powers at trials in the Central Criminal Court, but in prac­tice they don't take part in judicial work there.

4. In theory certain public departments are supposed to be con­trolled by boards consisting of various high officials (e.g. the Board of Trade), but the real head is a single Minister of the Crown (e.g. the President of the Board of Trade).

5. Finally, Legislature and Executive are joined together by a connecting chain - the Cabinet.

Certain important Conventions control the entire working of the Constitution. These Conventions relate to the duties of the King as a person, the duties of the Ministers of the Crown and so on.

Differences between the English and American Constitutions.

1. In America the President is in practice more of a ruler than the English King but his legal powers are more restricted.

2. The President can veto ]egislation, and the English King has legally an absolute but in practice a very shadowy power of veto which has not been exercised since long times.

3. The English Constitution is flexible, the American - rigid, i.e., in England all laws can be altered with ease, and in America complicated machinery is necessary for the alteration of the Constitu­tion.

4. The American Constitution is written; the English Constitution is unwritten.

5. The English Crown is inherited; the American President is elected for a term.

6. The American President is not dependent on the vote of the Congress; in England the Cabinet is dependent on the vote of the House of Commons. In America, therefore, the Executive is not re­sponsible to the Legislature.

England is the only country possessing hereditary legislators.

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Active vocabulary:

Necessary, treaty, statute, from the standpoint, to be codified, flexible, procedure, to be legally supreme, to be deduced, actual decision, remedy, to afford, invasion, to precede, arbitrary power, to define, statutory validity, precedent, divergent, veto, to be entitled, appeal, trial, etire, to restrict, to exercise, rigid, to alter, compelicated machinery, inherited.

Пояснения к тексту:

1. can "make or unmake" any law - может составить или аннулировать любой закон

2. having statutory validity - имеющие силу закона

3. he always absents himself unless qualified by statute to sit therу as one of the quorum - он всегда уклоняется, кроме тех случаев, когда закон уполномочивает его заседать для обеспечения кворума.

Questions:

1. What is it necessary to do in order to understand English Con­stitutional law?

2. Why is the English Constitution to be regarded as "unwritten" from the standpoint of constitutional lawyers?

3. Is the English Constitution rigid or flexible?

4. The Constitution is the source of the law, isn't it?

5. What power do the judges enjoy in administering justice?

6. What law do the judges administer?

7. What can you say about theory and practice concerning En­glish constitutional law?

8. In what way are the Legislature and Executive joined together?

9. What are the main differences between the English and Ameri­can Constitutions?

10. Can all laws in the USA be altered with ease?

11. The Executive in America is responsible to the Legislature, isn't it?

12. What is the country possessing hereditary legislators?

13. Why is the English Constitution to be regerded as “unwritten” from the standpoint of

constitutional law ?

12. Who is more of a ruler in practice: the President in America or the English king ?

13. In which document can you find the whole of the Constitution of Britain ?

14. Why is the English Constitution considered to be flexible ?