Английский язык | студенческий
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Constitutional and administrative law
The French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional value
Constitutional and administrative law govern the affairs of the state.
Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state.
Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights.
A few, like the United Kingdom, have no such document.
A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention.
A case named Entick v Carrington illustrates a constitutional principle deriving from the common law.
MrEntick's house was searched and ransacked by Sheriff Carrington.
When MrEntick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority.
However, there was no written statutory provision or court authority.
The leading judge, Lord Camden, stated that,
The great end, for which men entered into society, was to secure their property.
That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole .
If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.
The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law.
Administrative law is the chief method for people to hold state bodies to account.
People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law.
The first specialist administrative court was the Conseild'État set up in 1799, as Napoleon assumed power in France.
Insert the appropriate word into the sentence :1?
Insert the appropriate word into the sentence :
1.
In the eleventh century lay courts and church courts were separated
and each had its own …
1) statute,
2) rules,
3) jurisdiction.
2. ….
Is built up by the judges since the Norman Conquest.
1) law of equity,
2) substantive law,
3) case law.
3. In civil law a private citizen begins …to establish rights against another
Citizen or a group of citizens.
1) a legal action,
2) a trial,
3) a court.
4. …was applied in medieval times in courts in coastal towns and in
market towns.
1) Maritime law,
2) Law merchant,
3) Сanon law.
5. Is common law …?
1) a written law,
2) a half written law ;
3) an unwritten law.
6. This body is … the work of the courts.
1) to administer justice,
2) to supervise,
3) to enact,
4) to draft.
7. The courts of different instances… in the Russian Federation.
1) pay attention,
2) supervise,
3) enjoy,
4) administer justice.
8. Criminal offences are the offences against the State and … by the
State.
1) available,
2) possible,
3) punishable .
9. …lays down the rules governing the manner in which a right is
enforced
under the civil law in court or a crime prosecuted in the trial.
1) Constitutional Law,
2) Substantive Law,
3) Procedural Law.
21
10.
… may be defined as a rule of human conduct imposed upon
And enforced among the members of a given state.
1) Statute,
2) Jurisdiction,
3) Law.
11. The chief characteristic of law is that is… by the State.
1) broken,
2) made,
3) enforced.
12. The United Kingdom is … ….
1) a republic, with a written constitution ;
2) a monarchy with a written constitution ;
3) a constitutional monarchy without a written constitution.
13. The Queen … an important formal role within ….
1) doesn’t keep, Parliament ;
2) doesn’t retain, the Government ;
3) retains, the Parliament.
14. The House of Commons consists of… … for 5 years by …
1) members of the local government, appointed , the Queen’s order ;
2) members of Parliament , appointed, the Prime Minister’s order ;
3) members of Parliament, elected, universal suffrage.
15. … legislation comprises the bulk of European Union law.
1) Primary ;
2) Non - significant ;
3) Secondary.
16. There is some debate as to … in relation to later statutes … by the Parliament of the United Kingdom.
1) the statutes of European Union law, passed ;
2) the statutes of European Union law, enacted ;
3) the statutes of European Union law, enforced.
17. The Maastricht Treaty … the previous Treaties of the European
Community and … the European Union.
1) passed, made ;
2) amended, created ;
3) broke, rejected.
18. They do not depend … the freedoms and status accorded … citizens
in particular societies.
1) of, to ;
2) on, to.
3) of, with.
Переведите текст пожалуйста In civil law systems, there is a fundamental distinction drawn between private law public law which is much more firmly rooted, and more sharply drawn, than in common law a?
Переведите текст пожалуйста In civil law systems, there is a fundamental distinction drawn between private law public law which is much more firmly rooted, and more sharply drawn, than in common law and civil law systems recognise that private law governs relations between private citizens and corporations, and public law concert a dispute in which the State is a party.
However, the distinction in civil law systems has far greater practical implications since there are two different hierarchies of courts dealing with each of these types of law.
The main categories of English civil law are : Contracts : binding agreements between people ( or companies).
Torts : wrongs committed by one individual against another individual's person, property or reputation.
Trusts : arrangements whereby a person administers property for another person's benefit rather than his own.
Probate : arrangements for dealing with property after the owner's death.
Land law : the legal rules governing land use and protection.
Areas of public law are constitutional law, administrative law and criminal law.
Constitutional law deals with the relationship between the state and individual and the relationship between different branches of the state, such as the executive the legislative and specified within a written constitutional document.
However in the United Kingdom of Great Britain and Northern Ireland, due to bistorical and political reasons there does not exist one supreme written document.
The UK has an onwritten constitutional - the constitutional of this state is usually found in statutes such as the Magna Carta, the Petition of Rights, the Bill of Rights, the Act of Secelement 1700 and the Parliament Act 1911 and Parliament Act 1949.
Administrative law refers to the body of law which regulatest managerial procedures and defenes the power of administrative agencies.
These laws are anforced by the executive branch of a government rather than the judicial or legislative branches ( it they are different in that particular jurisdiction).
This body of law regulates international trade, manufacturers, pollution, taxation and the like.
This is sometimes seen as a subcategory of civil law and sometimes seen as public law as it deals with regulation and public institutions.
Criminal law involves the state imposing sanctions for crimes committed by individuals so that society can achieve justice and a peaceable social order.
This differs from civil law in that civil actions are disputed between two parties that are not of significant public concern.
Пересказ плиз прошу срочна Two large islands and a lot of small ones are situated to the northwest of Europe?
Пересказ плиз прошу срочна Two large islands and a lot of small ones are situated to the northwest of Europe.
They are known as the British Isles.
The largest island is called Great Britiain.
The other large islands is called Ireland.
In the British Isles there are two states : the Republic of Ireland and the United Kingdom of Great Britian and Northern Ireland.
Great Britian, or Britian, is the name for the largest island in the eight largest island in the world.
The United Kingdom of Great Britian and Northen Ireland is the political name for the country, which is made up of England, Scotland, Wales and or the UK.
People often name the United Kingdom as Great Britian or Britian, which is not correct.
The capital of the UK is London.
The population of the UK is about 60million people.
It should be remembered that not only the English live in the UK.
The Scots, Welsh and Irish are British too.
The British are also people of other ethnic groups whose parents came to live in the UK in the 1850s and 1860s from India, Pakistan, Hong Kong and other places .
Most British people speak English, but such languages as Welsh, Gaelic and others are also spoken and taught at scools in the UK.
Проверьте пожалуйста правильность предложений, заранее спасибо?
Проверьте пожалуйста правильность предложений, заранее спасибо.
Before the beginning of the lesson, I came to the classroom and put textbooks out of the bag.
After that she sat and prepared for the lesson, and talked with her friends.
After the second call teacher began a lesson.
At the lesson of the English language we translated the texts, and learned new words.
Then we had a lesson and we went to the Russian language where the dictation was written.
Then, according to the schedule, we had the algebra on which we solved examples and equations.
In each lesson I was distracted and I was wondering what the weather was like on the street.
Finally, the lessons were over.
And I had to go to practice.
Finally, the training ended and I went home with a smile.
Преобразовать предложения1 It is said that the book is not popular with both old and young?
Преобразовать предложения
1 It is said that the book is not popular with both old and young.
2 People believe that the English talk about the weather all the time.
3 People consider that the climate is very healthful for them.
4 Some people think that the Russians love animals very much.
5 It is supposed that the old people are very conservative.
6 People think that the British have a good sense of humor.
7 It is said that the Internet is popular with both old and young.
8 Some people think that the Chinese work hard every day.
9 It is supposed that the men have “a sweet tooth”.
10 It is thought that the Chinese are very reserved and unemotional.
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Перепишите предложения.
Поставьте глаголы в скобках в нужную грамматическую форму.
1. Damages (to be) the part of civil law.
2. Constitutional law (to regulate) the relations between citizens and government.
3. He (to be afraid of) the police since childhood.
4. She (to be) always a law - abiding citizen.
THE COURT SYSTEM OF ENGLAND AND WALESRead the text and examine the chart?
THE COURT SYSTEM OF ENGLAND AND WALES
Read the text and examine the chart.
The most common type of law court in England and Wales is the magistrates' court.
There are 700 magistrates' courts and about 30, 000 magistrates.
More serious criminal cases then go to the Crown Court, which has 90 branches in different towns and cities.
Civil cases (for example, divorce or bankruptcy cases) are dealt with in County courts.
Appeals are heard by higher courts.
For example, appeals from magistrates' courts are heard in the Crown Court, unless they are appeals on points of law.
The highest court of appeal in England and Wales is the House of Lords.
(Scotland has its own High Court in Edinburgh, which hears all appeals from Scottish courts.
) Certain cases may be referred to the European Court of Justice in Luxembourg.
In addition, individuals have made the British Government change its practices in a number of areas as a result of petitions to the European Court of Human Rights.
The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners' courts (which investigate violent, sudden or unnatural deaths).
There are administrative tribunals which make quick, cheap and fair decisions with much less formality.
Tribunals deal with professional standards, disputes between individuals, and disputes between individuals and government departments (for example, over taxation).
1. Find in the text the English equivalents for the words below.
1. Найдите в тексте английские эквиваленты для слов ниже.
- общее право ; - решение суда ; - уголовный кодекс ; - гражданский кодекс ; - мировой судья ; - Суд Короны ; - гражданское дело ; - суды графств ; - Европейский суд по правам человека ; - правовая система ; - суд по делам Несовершеннолетних ; - правонарушитель ; - насильственная смерть ; - уголовное дело.
Use the words from the box and complete the sentences the maps on pages 66 and 67 can help you?
Use the words from the box and complete the sentences the maps on pages 66 and 67 can help you.
The Bill of Rights (1689) is one of the basic instruments of the British constitution, the result of the long 17th - century struggle between the Stuart kings and the English people and Parliament?
The Bill of Rights (1689) is one of the basic instruments of the British constitution, the result of the long 17th - century struggle between the Stuart kings and the English people and Parliament.
The Bill of Rights provided the foundation on which the government rested after the revolution of 1688.
The Revolution settlement made monarchy clearly conditional on the will of the Parliament and provided a freedom from government of which most Englishmen were notably proud during the 18th century.
The main purpose of the act was unequivocally to declare illegal various practices of James II.
Among such practices proscribed were the royal prerogative of dispensing with the law in certain cases, the complete suspension of laws without the consent of Parliament, and the levying of taxes and the maintenance of a standing army in peacetime without specific parliamentary authorization.
A number of clauses sought to eliminate royal interference in parliamentary matters, stressing that elections must be free and that members of Parliament must have complete freedom of speech.
Certain forms of interference in the course of justice were also proscribed.
The act also dealt with the proximate succession to the throne, provided the heirs were Protestants.
It is the constitutional paper of great importance, which prevented the sovereign from abusing his authority.
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The UK is a parliamentary monarchy.
This means that is has a monarch (a king or a queen) as Head of State.
The UK is a monarchy in from, but a parliamentary democracy in substance.
The powers of the monarch are not defined precisely.
The sovereign is head of state, and as such is of the legislature, the executive, and temporal head of the established Church of England.
The Queen of the UK is also the Head of the Commonwealth, and so the Queen of Canada, Australia, New Zealand, and other countries, included into the Commonwealth, an association of former members of the British Empire and Britain.
In practice, however, gradually evolving restrictions have transformed the sovereign's legal powers into instruments for effecting the popular will as expressed through Parliament.
In the British formulation, the sovereign reigns, but does not rule, for the sovereign is under the law and not above it, ruling only by approval of Parliament and acting only on the advice of her ministers.
But everything today is done in the Queen's name.
It is her government, her armed forces, her law courts, and so on.
Formally, a king or a queen has the right to dissolve Parliament and appoint a Prime Minister.
(Incidentally, they have never once exercised that prerogative.
) It goes without saying that real power is exercised by the Parliament and the government.
But it would be a mistake to dismiss the real life impacts exerted by the Crown on society's political and moral climate.
Possessing untold wealth, and maintaining extensive links and relations in the country's highest strata of society, and disposing of endless information (Buckingham Palace regularly receives top - secret government documents), the Queen and the members of the Royal family exert a tangible (though imperceptible) influence on the shaping and formulating of both foreign and formulating of both foreign and home policy.
The Queen is very rich, as are other members of the Royal family.
In addition, the government pays for her expenses as Head of State, for a royal yacht, train and aircraft, as well as for the upkeep of several palaces.
The Queen's image appears on stamps, notes, coins.
Queen Elizabeth II is the fourth sovereign of the House of Windsor.
She was born in London 21 April 1926 and was crowned at Westminster 2 June 1953, after her father's (King George VI) death in 1952.
In 1947, as the Princess Elizabeth she married Philip Mountbatten, who was created Prince Philip, Duke of Edinburgh.
They have four children : Charles (Prince of Wales), Princess Anne (the Princess Royal ), Andrew ( Duke of york) and Prince Edward.
Her Majesty is the sixth sovereign queen of Britain.
In 2002 she celebrated her Gold Jubilee.
Since the Norman Conquest only 14 sovereigns have reigned for more than 25 years.
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Конституционное и административное право
Французская декларация прав человека и гражданина, принципы которой по - прежнему имеют конституционную ценность
Конституционное и административное право регулируют дела государства.
Конституционное право касается как отношений между исполнительной, законодательной и судебной властью, так и прав человека или гражданских свобод отдельных лиц против государства.
Большинство юрисдикций, таких как Соединенные Штаты и Франция, имеют единую кодифицированную конституцию с биллью прав.
Некоторые, как и Соединенное Королевство, не имеют такого документа.
«Конституция» - это просто те законы, которые составляют политический орган, от статута, прецедентного права и конвенции.
Случай с именем Энтик против Каррингтона иллюстрирует конституционный принцип, вытекающий из общего права.
Дом г - на Энттика был обыскан и разграблен шерифом Каррингтоном.
Когда г - н Энтик жаловался в суде, шериф Каррингтон утверждал, что ордер министра правительства Графа Галифакса был действительным авторитетом.
Однако не было письменного законодательного положения или судебного органа.
Ведущий судья, лорд Камден, заявил, что,
Великий конец, к которому люди вступали в общество, заключался в обеспечении их собственности.
Это право сохраняется священным и неразрешимым во всех случаях, когда оно не было отменено или сокращено каким - либо публичным законом на благо всего .
Если оправдание не может быть найдено или произведено, тишина книг является авторитетом против обвиняемого, и истец должен судить.
Основополагающий конституционный принцип, вдохновленный Джоном Локком, гласит, что человек может делать все, кроме того, что запрещено законом, и государство не может делать ничего, кроме того, что санкционировано законом.
Административное право является основным методом для привлечения государственных органов к ответственности.
Люди могут подать заявку на судебный контроль за действиями или решениями местных советов, общественных служб или государственных министерств, чтобы они соблюдали закон.
Первым специализированным административным судом был Консильд - Эат, созданный в 1799 году, когда Наполеон принял власть во Франции.