What does the Constitution of the Russian Federation define and establish?
What provisions does the Constitution contain regarding the federative structure?
What are the bodies of federal power?
Who does the full authority in the Russian Federation belong to under the current Constitution?
5. What provisions concerning the legislature are provided by the Constitution?
What is the executive branch of power in the Russian Federation?
How is judicial power implemented in the Russian Federation?
What principles of judicial power does the Constitution establish?
What does the system of courts consist of?
Does the Constitution regulate the activities of local self-government?
II. The British Constitution
Give English equivalents to the following phrases. Find them in the text «The British Constitution»
наносить поражение; распустить парламент; значительное большинство; формировать правительство; принять закон; контроль над правительственной властью; ограничить власть монархии; источники конституции; отдавать распоряжения; отказаться / уходить в отставку; доктрина парламентского суверенитета; защита прав граждан; разделение властей; суды, независимые от парламента и исполнительной власти; в соответствии с …; верховный орган правительства; норма права; две основные характеристики Британской конституции.
Cross out the verb, that doesn’t match the word constitution.
constitution + to adopt, establish, ratify, draw up, frame, write, safeguard, abrogate, amend, to violate, serve.
3. Read the text "The British constitution" and divide it into some paragraphs. Mark them with the letters А , В , С , D ... Read the text and decide which paragraph:
1) gives the information about the definition and purpose of the British constitution;
2) contains the information about the characteristics of the British constitution;
3) explains the nature of the constitution;
4) gives information about the sources of the constitution;
5) explains the doctrine of parliamentary sovereignty;
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6) gives information about «The Queen of Parliament»;
7) contains the information about the separation of powers;
8) gives information about a Bill of Rights.
The British constitution
A constitution is a set of rules which define the relationship between the various organs of government and between the government and citizens of a country. Its purpose is to set the parameters of governmental power and the right 154 and duties of the citizens. Therefore, the constitution of any individual country will determine the system of government in that country. Before we go on to examine the nature of the British constitution it is important that you have a clear understanding of what is meant by the «organs» or «institutions» of government. In this context we mean the executive, the legislature and the judiciary, in addition, in the United Kingdom, the monarch has an important constitutional role as head of state.
The British constitution is just as important to English citizens as the U.S. Constitution is to the Americans. Nevertheless, it is not «written», that is to say, it has never been wholly reduced to writing. Further, since Parliament is «sovereign» it can, without any special procedure, and by simple Act, alter any law at any time, however fundamental it may seem to be. Although, therefore, our courts have always been statute to safeguard the rights of the subject and although legal remedies; such as habeas corpus, are designed to protect him, yet, under our constitution, there are ... no guaranteed rights similar to the fundamental liberties safeguarded by the U.S. Constitution.
The statement that the British constitution is not 'written' does not mean that the British citizens possess no important constitutional documents; it merely means that the constitution is not embodied in any single document, or series of documents, containing our essential constitutionals laws. Thus the British citizens have many enactments which either have been or still are, of great importance. One need only cite as examples Magna Carta (1215), the Bill of Rights (1688) – which sets out the principal rights gained by Parliament and the nation as the result of the seventeenth century constitutional struggles – the Act of Settlement (1700), and the Parliament Acts 1911 and 1949.
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Having established that the constitution of the UK is not contained in any one single document we now need to look at the sources of the constitution. These can be found in custom, case law books of authority. European Community law (since 1972) \ European Union law (at present) and, most important, constitutional conventions. These are in formal or «moral» rules – a code of practice for government which has evolved over the years. They are primarily concerned with the relationship between the Crown (or monarch) and the executive and the legislature. Many constitutional rules, such for example as the provisions of the Act of Settlement.... are laws' in the ordinary sense, that is to say, they will be recognized and enforced by the courts.
The doctrine of parliamentary sovereignty governs the relationship between the legislature and the judiciary. There are two aspects to the doctrine of parliamentary sovereignty: a) Parliament may enact any law it wishes and, b) no authority, including the courts, has the power to question the validity of the legislation. The originals of the doctrine are historical arising from the political changes of 1688 which sought to limit the power of the monarchy. There is no law which states that Parliament is supreme but the doctrine is accepted and recognized by the courts. The only test for the validity of an Act Parliament is that it has passed the necessary legislative procedures, that is it has been approved by a majority of both Houses of Parliament and received the Royal Assent.
The procedure is known as «The Queen in Parliament». It is the duty of the British judiciary to enforce the will of Parliament as expressed through its legislation.
Another feature of the British Constitution that is relevant to the constitutional role of the judiciary is the theory of the separation of powers. Because there is no written constitution in the UK, the limitations on government power are largely self-imposed, relying on unenforceable conventions and a political culture based on the rule of law.
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An additional feature of the doctrine of parliamentary sovereignty is that each new Parliament is supreme. The traditional view is that no Parliament can limit the actions of a future Parliament. Much of the debate in this area centers of the issue of a Bill of Rights. Under the traditional view of parliamentary sovereignty of a Bill of Rights enacted by one Parliament could be replaced by its successor.
Confidence in these traditional restraints has recently diminished and this has been reflected in an increasing demand for a more formal protection of human rights. The process of judicial review is a practical application of the rule of law. It forms the basic of a growing body of administrative law which regulates the relationship between the courts, public administrative bodies (including the executive and individual citizens). The judicial review does not enable the courts to question the merits of administrative action or the validity of an Act of Parliament. Amongst other, Lord Scarman, an eminent member of the House of Lords, has argued in favor of the enactment of a Bill of Rights:
This would contain fundamental rights such as freedom of speech and assembly. It would be entrenched, i.e. it could not be repealed or altered without a special parliamentary majority... The arguments against a Bill were well put by Lord Me Cluskey. When giving the 1987 Reith lectures. Firstly, «it would draw judges into the political arena in a way alien to the best traditions of the judiciary»...
It is clear that a Bill of Rights of itself cannot guarantee right. It must be supported by the spirit of the people and the judiciary. The question is whether a Bill makes rights more or less secure.
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