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The Separation of Powers Checks and Balances




 

 

 

 


Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its turn, can override a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the President. The President can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges; they, too, must be approved by the Senate. The courts have the power to determine the constitutionality of all acts of Congress and of presidential actions, and to strike down those they find unconstitutional.

The system of checks and balances makes compromise and consensus necessary. Compromise is also a vital aspect of other levels of government in the United States. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish. In the US, therefore, when people think of "the government", they usually mean the entire system, that is, the Executive Branch and the President, Congress, and the courts. In fact and in practice, therefore, the President (i.e. "the Administration") is not as powerful as many people outside the US seem to think he is. In comparison with other leaders in systems where the majority party forms "the government", he is much less so.

2. Explain the meanings of the following words and expressions.

a) constitutionality;

b) to strike down an act of Congress;

c) consensus;

d) the Administration.

 

3. Find in the text the English equivalents for the expressions below.

- ;

- ;

- ;

- ;

- ;

- ;

- ;

- .

 

4. Answer the questions.

1. How are the powers of

a) the President;

b) Congress;

c) the Supreme Court limited by the system of checks and balances?

2. What is the role of compromise in the American system of running the country?

3. Why do people abroad tend to exaggerate the power of the US President?

 

5. There are 15 words connected with politics in the box. Use them to complete the sentences, in some cases you will need to make them plural. The first one has been done for you as an example.

 

abstention budget consensus constitution devolution house leader leak legislation membership policy poll recess spokesman veto  

 

1. Germany has a federal constitution.

2. A government________________revealed that discussions had been concluded on the treaty.

3. According to the latest opinion________________the Prime Minister is more unpopular than ever.

4. Austria's application for________________of the EU was successful.

5. Many Scots would like to see more________________of power from Westminster.

6. Parliament has introduced________________to control the sale of drugs.

7. The bill was passed by both________________and sent to the President for signature.

8. The crisis happened during the summer________________and Parliament had to be recalled.

9. The government is investigating the latest________________of documents relating to the spy trial.

10. The government is running a tight monetary________________to try to control inflation.

11. The________________of the opposition criticised the Prime Minister for his failure to act.

12. The motion was carried by 200 votes to 150; there were 60________________.

13. The President has the power of________________over bills passed by Congress.

14. There is a________________between all the major parties about what we should do now.

15. The minister has put forward a________________aimed at slowing down the economy.

 

Extension 1. All the words in the box are nouns. Some of them have verb forms. What are they? The first one has been done for you as an example.

1. an abstention to abstain 5. a leak  
2. a budget   6. legislation  
3. a devolution   7. a poll  
4. a leader   8. a veto  

 

GREAT BRITAIN

THE SYSTEM OF GOVERNMENT

 

What is the Government? The Government is the management of the country. The Government makes the important decisions, e. g. about foreign policy, education, or health, but all these decisions have to be approved by Parliament. If Parliament thinks that a particular Government policy is against the public interest, then it can force the Government to change its mind.

State Organs of the United Kingdom include the monarchy, the legislative, executive and judicial organs of Government.

* The monarchy is the most ancient institution in the United Kingdom, with a continuous history stretching back over a thousand years. The monarchy is hereditary. Queen Elizabeth II, who succeeded to the throne in 1952, is the head of the judiciary, the commander-in-chief of the armed forces of the Crown and the temporal head of the established Church in England. Her Majesty's Government governs in the name of the Queen who must act on the advice of her ministers

* Parliament is the legislative organ of the United Kingdom. What do we mean by Parliament? The Parliament of the United Kingdom consists of the Queen (hereditary monarch), the House of Lords (almost 1300 unelected members or peers) and the House of Commons (659 elected Members of Parliament). All three combine to carry out the work of Parliament.

The House of Lords is still a hereditary body. It consists of the Lords Temporal and the Lords Spiritual. The House of Lords is presided over by the Lord Chancellor who is the chairman of the House.

The House of Commons is an elected and representative body. Members are paid a salary and an allowance. The Speaker of the House of Commons is elected by the members of the House immediately after each new Parliament is formed.

The Government consists of approximately 100 members of the political party which has the majority of seats in the House of Commons.

What does Parliament do? Making laws (legislations).

The Queen, Lords and Commons all have to agree to any new law which is passed.

Examining the work of Government. Both the Lords and the Commons examine the work of the Government on behalf of the public. They do this by asking the Government questions, by debate and through committees of inquiry.

Controlling finance. Only the House of Commons can give permission for the Government to collect taxes. The House of Commons decides what taxes shall be collected and how the money shall be spent.

Protecting the individual. Members of Parliament (Members of the House of Commons) protect the rights of the individual. Each Member of Parliament represents the people of a certain area. Britain is divided into 659 of these areas, known as constituencies.

Hearing appeals. The House of Lords is a Court of Justice, the highest Court of Appeal in Britain.

* Executive. The Government consists of the ministers appointed by the Crown on the recommendation of the Prime Minister. The Prime minister is appointed directly by the Crown and is the leader of the political party which has a majority of seats in the House of Commons. The Prime Minister is the head of the Government, he is always a Member of the House of Commons. He consults and advises the Monarch on government business, supervises and coordinates the work of the various ministers and departments in the House of Commons. He also makes recommendations to the Monarch on many important public appointments.

The most senior members of the Government are known as the Cabinet. The Cabinet is the nucleus of the Government. All major decisions of the Government are made by the Cabinet, and therefore it is the Cabinet which forms Government policy.

Who chooses the Cabinet? Members of the Cabinet are chosen by the Prime Minister. The majority of the members of the Cabinet are drawn from the House of Commons. Nevertheless there are always a few members from the House of Lords. He selected a team of Ministers to serve in his Government. A Cabinet must be large enough to include senior ministers. There is no limit on the size of the Cabinet but the number of salaried Secretaries of state is limited to 21. Cabinet meetings are usually held on a Thursday morning in the Cabinet room at 10 Downing Street.

What happens when there is a change in Government?

On each of these occasions the ministers in each Department changed. Ministers of the winning party took over from those of the loosing party. The main parties have very different ideas - for example, about education, housing and industry.

Departments and ministers are run by civil servants, who are permanent officials. Even if the Government changes after an election, the same civil servants are employed.

The United Kingdom has no Ministry of Justice. Responsibility for the administration of the judicial system in England and Wales is divided between the courts themselves, the Lord Chancellor, and the Home Secretary. The Lord Chancellor is responsible for the composition of the courts, civil law, parts of criminal procedure and law reform in general; the Home Secretary is responsible for the prevention of criminal offences, trial and treatment of offenders and for the prison service.

Words and phrases

Government ()

Parliament

legislative - ()

executive - ()

judicial - ()

hereditary - ()

to succeed - ()

to preside ()

Lord Chancellor - - ( 볿, 1)

the House of Commons - ()

the House of Lords - ( )

P- ,

legislation ()

tax ()

to protect ()

right -

constituency - ( )

appeal - ( )

the Labour Party - ( )

general election- ( )

civil servant - ( )

court -

civil law - ( )

Home Secretary ( )

prevention-, (, )

criminal offences - ( )

trial - , ( )

treatment - (i ) ( )

offender ()

Treasury -

Foreign office - ̳ ( )

Home office - ̳ ( )

spiritual -

bishop -

temporal - ( )

Exercises

l. Fill in the blanks:

1. All the heads of ministries (departments) are included into..

2. The Cabinet is headed by the .....

3. The Prime Minister chooses the ....

4. Mr .. is the... of the United Kingdom.

5. The majority of the members of Mr ..'s Cabinet are members of the ...

6. Mr . Cabinet belongs to the .. Party.

7. The Cabinet meets at 10 ... Street.

8. During the last 27 years there have been eight general..

9. Ministers rely on ... servants for advice and information.

10. The Parliament of the United Kingdom consists of the.. (hereditary monarch), the House of.. and the House of....

11. Only the House of Commons can give permission for the Government to collect ..

12. Members of Parliament protect the ... of the individual.

13. The House of. is a Court of Justice.

 

2. Read the following sentences and decide if they are true or false:

1. The Government is the body which decides the laws of the country and decides about the way the country should be governed.

2. The Government is the Ministers chosen from the Party (or parties) which has the largest number of MPs in the House of Commons after a general election.

3. The Prime Minister is the leader of the governing party.

4. The Queen chooses the Cabinet.

5. The Cabinet are the senior members of the Government chosen by the Prime Minister.

6. The House of Lords is the elected Chamber in Parliament.

7. The House of Commons is the unelected Chamber in Parliament.

8. Mr Blair's Cabinet belongs to the Conservative Party.

9. Britain is divided into 659 areas, called constituencies, and one MP is elected to represent each constituency.

10. The House of Lords is the highest Court of Appeal in Britain.

 

3. Find words and expressions in the text which mean:

1. body of persons governing a State;

2. choosing or selection (of candidates for an office, etc.) by vote;

3. the inhabitants of an electoral district;

4. laws enacted by lawmaking body;

5. a person with the right to sit in the House of Lords;

6. a charge by the government on the income of an individual, corporation, or on the value of an estate or gift or property.

 

4. Answer the following questions:

1. What is the Government?

2. Who are the Cabinet?

3. Who chooses the Government?

4. What is the House of Lords?

5. What is the House of Commons?

6. Who is the Prime Minister?

7. What does Parliament do?

8. What is the highest Court in Britain?

 

THE CROWN

At the head of the United Kingdom is the King, or, as at present, the Queen. But her power is very symbolic. Everything is done in Queen's name. But her power is not absolute; it is limited in many various ways. It is said that the Queen reigns but does not rule. She personally does not decide what action the state shall take. The hereditary principle still operates and the Crown is passed on to the sovereign's eldest son (or daughter if there are no sons).

The Queen has a central role in state affairs, not only through her ceremonial functions, such as opening Parliament, but also because she meets the Prime Minister every week and receives copies of all Cabinet papers.

Functions of the Queen:

- opening and closing Parliament;

- approving the appointment of the Prime Minister;

- giving her Royal Assent to bills;

- giving honours such as peerages, knighthoods and medals;

- Head of the Commonwealth;

- Head of the Church of England;

- Commander-in-Chief of the armed forces.

 

1. Explain the meaning of the following words and expressions:

1. the head of the state;

2. to reign and to rule;

3. the hereditary principle;

4. the Crown;

5. to approve the appointment of smb.

 

2. Prepare to describe the system of government in Ukraine Use the elements of the UK system of government as a guide and make brief notes if you like. Include the following points:

The Head of State: appointment, functions and powers, relation ship with other state organs.

Legislature: composition, functions and powers, relationship will other state organs.

The Executive: composition, functions and powers, relationship with other state bodies.

 

JUDICIARY

 

Criminal Proceedings. There are two courts of trial and two courts of appeal for criminal proceedings in England, Wales and Northern Ireland. The courts of trial are the Magistrates' Court and the Crown Court, and the courts of appeal are the Court of Appeal and the House of Lords.

The Magistrates' Court. The most common type of law court in England and Wales is the Magistrates' Court. The Magistrates' Court is the lower court of trial. It deals with summary offences. More serious criminal cases (indictable offences) then go to the Crown Court. Civil cases are dealt with in County courts.

Magistrates' Courts have limited powers of penalty but may commit a convicted offender to the Crown Court if it is considered that the powers of the Magistrates' Court are insufficient. Approximately 95% of all prosecutions are dealt with in the Magistrates' Courts.

Juvenile Courts are composed of specially trained magistrates. They try most charges against children and young persons under the age of 18 years.

The Crown Court. The Crown Court is the senior court of trial for criminal offences. The courts are established at various centres throughout the country. The courts are presided over by either a High Court Judge, Circuit Judge or Recorder who sits with a jury. The Crown Court for the City of London is the Central Criminal Court, also known as the Old Bailey.

The Crown Court may also hear appeals against conviction and/or sentence for some offences dealt with at the Magistrates' Court.

The Court of Appeal. The Court of Appeal hears appeals from criminal cases heard in the Crown Courts.

The House of Lords. The House of Lords is the most senior and final court of appeal.

Civil Proceedings. Civil proceedings consist of litigation about Property, family matters and actions to obtain financial redress for damage to property and personal injury. The courts of trial for such litigation are the County Court and the High Court of Justice.

County Courts are local courts and are presided over by a single Judge. The High Court of Justice is situated in London. Some cases before the High Court of Justice may be heard before a jury.

 

Words and phrases

 

court of trial - ( )

court of appeal - ( )

the Magistrates' Court - ( )

the Crown Court - ( )

juvenile court - ( )

summary offence - ,

indictable offence - ( )

jury -

penalty - ; ; (, )

convicted - ', ' ()

prosecution - ( )

judge ()

to sentence for smth - ; ( )

litigation - , cnip

to obtain financial redress for smth -

injury - , ()

l. Fill in the blanks:

1. There are two courts of ... and two courts of... for criminal proceedings in England, Wales and Northern Ireland.

2. The Magistrates' Court deals with ....

3. More serious offences go to the.........

4. Magistrates' Courts have limited powers of....

5. Magistrates' Courts may commit. to the Crown Court.

6. Approximately 95% of all ... are dealt with in the Magistrates' Court.

7............... courts try most charges against children and young persons under the age of 18 years.

8. The Crown Court is the senior court of trial for....................

9. The Crown Court may hear .... against conviction and/or .. for some offences dealt with at the Magistrates' Court.

10. The Court of.. hears appeals from criminal cases heard in the Crown Court.

11. The House of Lords is the most senior and final.....................

12. Civil proceedings consist of ... about property, family matters and actions to obtain . for damage to property and personal injury.

13. County Courts are ... over by a single Judge.

14. Some cases before the High Court of Justice may be heard before a....

 

2. Read the following sentences and decide if they are true or false:

1. The courts of trial are the Magistrates' Court and the Crown Court.

2. The courts of appeal are the Court of Appeal and the House of Lords.

3. The Magistrates' Court is the senior court of trial.

4. The Magistrates' Court deals with summary offences.

5. More serious offences are committed to the Crown Court.

6. Juvenile Courts try charges against convicted offenders.

7. Juvenile Courts try most charges against children and persons under the age of 18 years.

8. The Crown Court is the lower court of trial.

9. The Court of Appeal hears appeals from criminal cases heard in the Crown Courts.

10. The House of Lords is the most senior and final court of appeal.

11. Criminal proceedings consist of litigation about property, family matters and actions to obtain financial redress for damage to property and personal injury.

12. County Courts are local courts and are presided over by a jury.

 

3. Find words and expressions in the text which mean:

1. the system of law courts in a country;

2. place where law-cases are held;

3. person against whom a legal action is brought;

4. punishment for wrongdoing;

5. court where children are tried;

6. crime, breaking of a rule.

 

4. Ask questions to get the following answers:

1. There are two courts of trial and two courts of appeal for criminal proceedings in England, Wales and Northern Ireland.

2. The courts of trial are the Magistrates' Court and the Crown Court.

3. The courts of appeal are the Court of Appeal and the House of Lords.

4. The Magistrates' Court deals with summary offences.

5. The Crown Court deals with indictable offences.

6. Magistrates' Courts have limited powers of penalty.

7. Approximately 95% of all prosecutions are dealt with in the Magistrates' Courts.

8. Juvenile Courts try most charges against children and young persons under the age of 18 years.

 

5. Answer the following questions:

1. What courts are there in England, Wales and Northern Ireland?

2. What offences does the Magistrates' Court deal with?

3. Where must the most serious offences be committed to?

4. What charges do Juvenile Courts try?

5. What court is the senior court of trial for criminal offences?

6. What is the most senior and final court of appeal?

7. What do civil proceedings consist of?

8. Where is the High Court of Justice situated?

 

6. Complete the following sentences by translating the words and expressions in brackets:

1. All criminal cases start in the ( ).

2. More serious criminal cases then go to ( ).

3. Civil cases are dealt with in ( ).

4. Appeals are heard by ( ).

5. The highest court of appeal in England and Wales is ( ).

6. The legal system also includes ( ) which deal with offenders under seventeen.

 

7. Work in pairs. Discuss the following:

What courts do you think would deal with:

a) careless driving?

b) a divorce case?

c) a shoplifting committed by a schoolboy?

d) an assault causing actual bodily harm?

e) a murder of a child?

PRESENTATIONS

Introduction

1. What do you think makes a good presentation? List all the things that make a good presentation.

2. Read the video Presentation Context. Imagine you are making the presentation. What content will you include? How will you structure the content?





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