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Text 5. The english and american constitutions

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.

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.

  • Answer the following questions.

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

2. Does the English King (Queen) have a power of veto?

3. Can the English laws be altered with ease?

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

5. Is the English King (Queen) elected ?

6. Who is dependent on the vote of the Congress?

7. What is the only country possessing hereditary legislators?

Text 6. English criminal law

Criminal Law is that part of the law of the land which is concerned with crimes.

The English criminal law has never been reduced to a single code but many particular topics have been codified by separate statutes, for example, the Larceny Act (1916), which deals with various forms of theft and related offences such as fraudulent conversion and the offences against the Person Act (1861), which covers many forms of assault and personal violence. Criminal statutes call for judicial interpretation, just as a comprehensive criminal code would do, and authoritative rulings by the courts on the meaning of statutes are as much part of the criminal law as are the statutes themselves.

A crime, according to the doctrine of the Common Law, is made up of an outward act and the state of mind of the criminal. He must have a guilty mind or *mens rea, in addition to committing the physical act which is forbidden. This doctrine of mens rea is still of importance, particularly in some Common Law crimes, but in many statutory crimes it has ceased to be of much significance. Every crime, it may be said, has its own kind of guilty mind. This clearly exists if the intention is to commit the criminal act, knowing it to be such, but every person is taken to intend the probable consequences of his act and so a person who treats another so violently that he jumps out of a window to escape and is killed by the fall is guilty of murder. Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter by neglect. Then the mental state must be proved to exist, as in the crime of burglary. In the case of murder the necessary mens rea is expressed by the phrase “malice aforethought”. This phrase does not imply that murder can be committed only if it is premeditated. Nor need malice in the ordinary sense of spite or ill-will be present in the mind of the murderer. An act is said in the criminal law to be done maliciously if it is done intentionally without a just cause for excuse.

*mensrea– лат. виновная воля, вина

  • Find the words in the text below that mean:

……………………..

- to bring down or lower

……………………..

- a logical result or effect

……………………..

- a violent attack

……………………..

- a plan, idea, or purpose

……………………..

- the crime of stealing

……………………..

- carelessness

……………………..

- towards the outside

……………………..

- the desire to do harm or cause mischief to others

……………………..

- acting with intent to deceive

……………………..

- something done unintentionally

……………………..

- to bring or come to an end

……………………..

- not deliberately planned killing

……………………..

- ill-will

……………………..

- premeditated

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