V. Rights of citizens unit 10. Fundamental rights of citizens

1. Answer before reading:

a) What are the fundamental rights of citizens in your country?

b) What is the role of the Constitution in observation of fundamental rights of citizens in a state?

2. Read the text. Compare countries with different legal systems. What is the legal system in your country based on?

As well as defining the powers of the government, most Constitutions describe the fundamental rights of citizens. These usually include general declarations about freedom and equality, but also some specific provisions - for instance, the Fifth: Amendment of the American Constitution, which exempts a witness from answering a question in court if he states his answer, might reveal his own criminal guilt.

Britain is unusual because its Constitution is not found in a formal written document. Instead the constitutional rights of citizens and the powers of government are found in various case-law rulings, statutes, and even in traditions. For example, the important constitutional principle that the King or Queen must approve any legislation passed by Parliament is simply an unwritten tradition that has gradually developed over the last three hundred years. There is a debate in Britain about whether citizens' rights would be better guaranteed by a written Constitution, or at least a Bill of rights. Some people argue that the government has too much freedom and that it is too easy to change the Constitution since all that is needed is a new statute or even a change in traditional procedure. They complain that recent | governments have overused libel laws and the Official Secret Act (to censor information in the interests of national security), and feel that citizens' rights have fallen behind those in neighboring European countries with Bills of rights. Others argue that the flexibility of an unwritten Constitution is a good thing, that the lack of a written Constitution has not stood in the way of a long tradition of individual liberty in Britain, and that many countries with Constitutions which look liberal on the surface suffer from oppressive governments which simply find ways to ignore constitutional rights.

It can be difficult to compare the legal freedoms of countries with different cultures and economic levels. But some comparison is possible since many countries have similar constitutional provisions and claim similar aims. We can, for example, consider how effective the provision of separation of powers is. Ferdinand Marcos provides a typical case of overcentralised power; he came to power with wide popular support and many reforming ideas but steadily reduces the rights of Filipino citizens and his family took over most of the executive, legislative and judicial functions of the state.

We can also consider the right of citizens to write and say what they want and take part in public meetings and demonstrations. In Britain the 1986 Public Order Act requires advance notice of peaceful protests, even if they do not obstruct other people in any way. In addition, the police may order the protesters to move or break up if they anticipate serious disruption of community life. These laws are more restrictive than those in most European countries, and they are stricter than the pre-1986 laws.

Another area to consider is the ease with which an individual may obtain restitution for a wrong a public body has committed against him. In English law the principle of the judicial review enables a court to overturn a decision made by a government ministry that acted illegally or irrationally or beyond its authorised powers. In the 1976 case of Congrieve vs. Home Office, the British Home Secretary cancelled the television licenses of people who had bought them early to avoid a price increase. Congrieve successfully argued that although the minister had very wide powers to cancel the licenses, it was an abuse of his power to do this when nothing illegal had been done.

One important area to consider is the treatment of citizens suspected of crimes. Is innocence presumed unless guilt has been proven? (Yes in Japan and Philippines but sometimes no in Taiwan and Malaysia.) How long can the police hold a suspect before they must bring him before a court of law? (24 hours in Norway, three days and sometimes longer in Finland.) Is a suspect entitled to free legal aid and choice of lawyer if he has no money? (Both in New Zealand, only the first in Austria.) Can the police search a private house without first obtaining a court warrant? (Illegal in Argentina, Peru and Paraguay but occasionally done in the first two, and very regularly done in the third.) Are trials open to the public? (Yes in Tanzania and Botswana, often not in Nigeria and Zaire.) Many of these freedoms are so important that they may also be considered in the category of human rights.

3. Translate and transcribe the following words using a dictionary:

anticipate

disruption

provision

approve

exempt

reduce

cancel

flexibility

restitution

claim

guarantee

restrictive

debate

obstruct

search

4. Paraphrase or translate the following phrases:

1 general declarations about freedom and equality;

2 to exempt a witness from answering a question in court;

3 to censor information in the interests of national security;

4 a typical case of overcentralised power;

5 to reveal one's criminal guilt;

6 constitutional principle;

7 to overturn a decision made by a government;

8 to anticipate serious disruption of community life;

9 to obtain restitution for a wrong;

10 recent governments have overused libel laws;

11 to approve any legislation passed by Parliament;

12 to act illegally or irrationally, or beyond one's authorised powers;

13 to be entitled to free legal aid and choice of lawyer;

14 innocence is presumed unless guilt can be proven.

5. Make as many derivatives of the following words as possibh using various prefixes or suffixes. Use them in the sentences oj your own.

claim; power; crime; decide; legal; free; compare.

6. Express your opinion using conditional sentences. What do you think would happen it

1 there were no laws in our society only moral principles;

2 defendants had no right to legal aid;

3 criminals were not imprisoned;

4 we had no right to free secondary education;

5 people were not allowed to own cars in the areas of ecological disaster;

6 there were corporal punishment at schools;

7 international human rights protecting bodies did not exist

7. Write out all legal terms from the text «Fundamental Rights...», Define or explain them.

8. Find equivalents in the text to the following:

1 a written legal permit to do something;

2 to prevent being seen or to cut out parts which are not considered suitable,

3 a person who is present when something happens;

4 an official paper, card, etc., showing that permission has been given to do something, usually in return for a fixed payment;

5 an act of Parliament;

6 the power of the High Court to make sure that the acts and decisions of inferior courts, tribunals and administrative bodies are legal and valid;

7 the body of law contained in previous judicial decisions as opposed to statute law.

9. a) Look at the list of terms below. Translate and transcribe them.

to provide

Statute

abolish

interpretation

binding

Bill

legislative

assent

General Election.

b) Insert the words from the list above into the following sentences using them in the correct grammatical form.

1) The Chancellor of the Exchequer asked Parliament to __ the existing tax on alcoholic drinks and replaces it with a tax on all drinks except water.

2) Parliament is a __ body.

3) The Minister presented the new Housing __ to the House of Commons for reading and debate.

4) The Road Traffic Act 1972 __ that it is illegal to drive under the influence of drugs.

5) The Government lost the confidence of the House of Commons, Parliament was dissolved and a __ was called.

6) The exact effect of legislation is influenced by judicial __.

7) In general a Bill becomes an Act of Parliament when it has received the __ of both Houses of Parliament and the Sovereign.

8) __, codes and delegated legislation are all sources of written law.

9) A court must follow __ rules of precedent.

10. Prepare paragraph 2 of the text «Fundamental Rights...» for control reading. Put 3 alternative and 3 tag-questions to it.

11. Read the following text. Rearrange the paragraphs in consecutive order to make a story. Render it.

1) The court ordered Mr. Tyrer to be medically examined in the morning of the same day and had before the punishment a doctor's report that he was fit to receive it.

2) Mr. Tyrer was sentenced on the same day to three strokes of the birch in accordance with the relevant legislation.

3) Mr. Tyrer's father lost his self-control and after the third stroke "went for" one of the policemen and had to be restrained.

4) After waiting in a police station for a considerable time for a doctor to arrive, Mr. Tyrer was birched late in the afternoon of the same day. His father and a doctor were present.

5) Mr. Anthony M. Tyrer, a citizen of the United Kingdom born on 21 September 1956, is resident in Castletown, Isle of Man.

6) Mr. Tyrer was made to take down his trousers and underpants and bent over a table; he was held by two policemen whilst a third administered the punishment, pieces of the birch breaking at the first stroke.

7) He appealed against sentence to the Staff of Government Division of the High Court of Justice of the Isle of Man.

8) The birching raised, but did not cut, Mr. Tyrer's skin and he was sore for about a week and a half afterwards.

9) On 7 March 1972, being then aged of 15 and of previous good character, he pleaded guilty before the local juvenile court to unlawful assault occasioning actual bodily harm to a senior pupil at his school.

10) The appeal was heard and dismissed on the afternoon of 28 April 1972; the court considered that an unprovoked assault occasioning actual bodily harm was always very serious and that there were no reasons for interfering with the sentence.

11) The assault, committed by Mr. Tyrer in company with three other boys, was apparently motivated by the fact that the victim had reported the boys for taking beer into the school, as a result of which they had been caned.

12. Discussion.

The right to free medical help.

13. Memorise the following legal terms:

statute; statutory

statute in force/ effective statute

statute of no effect

compiled statute

statute-allowed

statute-banned

statute-established

statute-restricted

abuse of power

abuse of office

abuse of right

legal freedoms

fundamental freedoms

individual freedom

freedom of discussion/ of speech

freedom of conscience

freedom of worship/ of faith

freedom of the press

suspect (v); suspect (n); suspective

to suspect of (in) a crime

to hold a suspect

witness

credible witness

ear, eye witness

witness for the defence

witness for the prosecution

14. Are you good at translating English proverbs into Ukrainian? Prove it. Make explanatory notes of each proverb in writing.

No wrong without a remedy.

A penny-weight of love is worth a pound of law.

Law cannot persuade where of cannot punish.

Much law, but little justice.

The law is not the same at morning and at night.

Every law has a loophole.

A coach and four may be driven through any Act of Parliament.

Law catch flies but let hornets go free.

Ignorance of the law excuses no man.

If you steal for others, you shall be hanged yourself.