Outlines of Constitutional LawTo 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 any 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. There are some 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 legislation, 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.
Notes: 1. from the standpoint – с точки зрения 2. flexible, adj - гибкий 3. can “make or unmake” any law – может составить или аннулировать любой закон 4. source of the law – источник права 5. gives birth – дает начало 6. ruler, n - правитель, глава государства 7. restrict, v - ограничивать 8. veto legislation – налагать вето на закон 9. shadowy powers – теневые полномочия 10. rigid, adj. – жесткий 11. alter, v - изменять 12. is inherited – передается по наследству 13. Crown, n – (зд.) королевская власть
Ex. 17. Find six features of the American Constitution which you consider to be the most important and compare them with the constitution of Great Britain. Feel in the table below.
Ex. 18. Find the answers to the questions in the text above and read them: 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 are the main differences between the English and American Constitutions? 6. Can all laws in the USA be altered with ease? 7. The Executive in America is responsible to the Legislature, isn’t it? 8. What country possesses hereditary legislators? 9. Who is more of a ruler in practice: the President in America or the English King? 10. Why is the English Constitution considered to be flexible? Ex. 19. Read the text 4 “US Government”. Be ready to give the summary of the text in English. Text 4.
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