Билет 3.

The law and its importance.

Law is a dynamic system of different rules which regulate relations among people. Human beings have always lived together under rules of the kind or another. It does not matter where in the world; it doesn`t matter in what age, whether the society in which they lived was a simple or a complex one by our present-day standards- humans have always as a matter of necessity lived by rules. The laws that apply to everyone, wherever we may be, are called the laws of the land. The laws that only apply locally, in the areas in which we live, are called by- laws. Whether laws are laws of the land of by-laws, they are mostly inspired by the desire to improve our lives and protect us from harm. They give each of us rights, which should be respected by others. We also have duties to obey them, whether we like them or not. There is no perfect law, there are always drawbacks. Laws do not only deal with very obvious things, such as stealing or driving too fast; they affect us in very many ways. The laws that make up our constitution guard our basic freedoms and guard us against the tyranny of a dictator.

Билет 4.

Common law.

In very early times there was no system of justice that applied to the whole of the country. It was not ruled by a single monarch. There were no law books. Many local customary laws were replaced by new national laws. As these national laws would apply to everyone, they would be «common to all». These laws therefore became known as the common law. the system which developed, of judges sitting in London and also travelling the country, became known as the «Assize system». It survived in that form for 800 years – until 1971. Although the present «circuit system» may have a different name, to this day High Court judges still in London for part of the year and then travel the country to hear cases in much the same way as they have done for centuries. The common law, originally based upon the common customs of town and country and gradually developed over the centuries, has become one of the most prized features of our national way of life. Many of our laws have been based upon what the courts would expect the «reasonable» man to do and think in certain situations. The common law is still very important part of our law. It is applied in courts throughout the country. In many instances, when developing the law and deciding cases, in particular in the civil law, judges have tested the behavior of the people whose cases they were trying against the standards of what might be expected of an «ordinary, reasonable» person faced with similar circumstances(аналогичных обстоятельствах).

Билет 5.

The British Constitution.

The way in which a country is governed, and the power is organized and distributed, is called its constitution (it`s the basic law). In many countries the constitution is written down. They therefore have what is known as written constitution. British constitution consists of two parts: written and unwritten. British unwritten constitution has been developing for over the 700 years, and it continues to do so. It is in part founded upon statue and case law, but mainly upon custom and convention- the widely accept view of proper behavior, which has become hardened into accepted rules of law. British constitution is based upon the idea that no one person should be given so much power that he or she can become a dictator or tyrant, whether that person be the sovereign, a politician, an army general, or anyone else. Power is separated and distributed in such a way that this cannot happen. This principle is called the separation of powers. Its written part includes written documents, statutes and court decisions. The British constitution is therefore unwritten and flexible. It is open to change by Act of Parliament to meet the gradually changing needs of the USA, which, being written, is more rigid, and can only be changed by special procedures.

Билет 6.

The branches of power.

The monarch/crown

The Queen

Legislature Executive

Judiciary

Parliament Government Judges

(members of parliament (Prime minister and

in HoC and peers in HoL) other ministers of State

in Cabinet (in political party

with majority of MPs)

THE LEGISLATURE

The legislature means English law makers. In this country our chief law maker is «The Queen in Parliament». All those responsible for making laws in Parliament, whether they are Members of Parliament in the House of Commons or Peers in the House of Lords swear on oath of allegiance to the Queen on taking office, and all Act of Parliament must receive the Royal Accent – the Queen`s agreement and her signature, before they can become law.

THE EXECUTIVE

Local Authority

The executive in the Local Authority is formed by the political party which wins the local elections, and has greatest number of councilors on each country or borough council. The local executive is therefore voted in (and can be voted out) by the people.

National government

The national executive is always known as the Government. It is formed from the winning political party at the nationwide General Election. This is the party which has the most members in the House of Commons. These are Members of Parliament. The national executive is therefore also voted in (or out) by people. The leader of that winning party becomes Prime minister. The Government makes the day-to-day decisions about the public life of the country.

THE JUDICIARY

The judiciary has vital role in British constitution. Firstly, where there is any dispute about constitutional law, the judges must decide what the law is. Their the most important role, however, is to act as an independent check on the powers of the executive. Only the courts have the authority to stop any individual or body of persons from exceeding their powers, or making improper use of their powers. This is known as preventing an abuse of power. In more recent years the courts have developed a special procedure to enable individuals to challenge decisions by the executive. They can ask the courts to review these decisions, and this procedure of judicial review is the special responsibility of the Administrative court.

Билет 7.

THE MONARCH/CROWN

We may think of the Queen as being very important, but we do not think of her as being very powerful. We tend to see her as the figurehead of power, and a natural focus of loyalty.

Legislature. The Queen is the part of the legislature – here she is known as «the Queen in Parliament». Laws passed by Parliament can become laws of the land only when she signs her assent to them.

Executive. The Queen is the head of the executive. Government operates in her name. it is the Queen who invites a new Prime Minister to form a Government. The Government Ministers are chosen by the Prime Minister, but they are formally granted their «seals of office» by the Queen, and are called «Ministers of the Crown».

Judiciary. It is in the «name of the Queen» that our system of justice is administered. The sovereign is the «fountain of justice and mercy». All criminal prosecutions are brought in the name of the Queen.

Therefore, although the Queen`s position in the constitution may be a largely ceremonial one, its great importance is that she is uniquely placed to bind together the most powerful bodies in a country under the vow(клятва) of loyalty to her. They must work together in the Crown`s best interests. These are always considered to be the best interests of a nation as a whole, rather than of the Queen as an individual.