Comprehension Questions
1.What is administrative law?
2.What aspects of present day life can administrative law cover?
3.What is one of the principal objects of administrative law?
4.Could you give any examples of cases falling under jurisdiction of administrative law?
Text 4 Constitutional Law ideological structure – идеологическая структура
the principle of separation of powers – принцип разделения властей
lawmaking – законотворчество
interpretation of the law - толкование закона
application of the law – применение закона
to attempt - пытаться
the Supreme Court – Верховный суд
to ignore constitutional rights – игнорирование конституционных прав
oppressive government – репрессивное правительство
individual liberty – личная свобода
the important constitutional principle – важный конституционный принцип
to enforce – исполнять
a presidential office of advisers – президентский пост советников
A constitution is the political and ideological structure within which a system of laws operates. Most countries have a formal written Constitution describing how laws are to be made and enforced.
One of the reasons for having special constitutional laws is to prevent governments from becoming too powerful and from interfering too much in the
lives of individuals. As a check upon over powerful government most modern 51
constitutions have adopted the principle of separation of powers, developed in the 18th century by the French political philosopher Montesquieu (Монтескье).
Montesquieu argued that the functions of the state could be divided into policy formulation and direction (executive), lawmaking (legislative), and interpretation and application of the law (judicial). To stop governments from becoming too powerful these functions should be carried out by separate institutions, and there should be a balance between them. In the United States, for example, the president (executive) is elected by the people and attempts to carry out his policy promises through a presidential office of advisers. The Constitution gives him many important powers, such as control of the armed forces and appointment of Supreme Court justices, but many of his decisions and all new legislation must be approved by a majority in Congress (legislature), which is also elected by the people. Many presidents have had important policies blocked by Congress. The Supreme Court (judiciary) has the task of interpreting laws which have been disputed in lower courts, and of deciding whether a law passed by Congress or by one of the individual states is in keeping with the Constitution.
Britain is unusual because its constitution is not found in a formal written document. Instead, the constitutional rights of citizens and the powers of government are found in various case-law rulings, statutes, and even in traditions. For example, the important constitutional principle that the king or queen must approve any legislation passed by parliament is simply an unwritten tradition that has gradually developed over the last three hundred years. There is a debate in Britain about whether citizens’ rights would be better guaranteed by a written constitution, or at least a bill of rights. Some people argue that the government has too much freedom and that it is too easy to change the constitution since all that is needed is a new statute or even a change in traditional procedure. Others argue that the flexibility of an unwritten constitution is a good thing, that the lack of a written constitution has not stood in the way of a long tradition of individual liberty in
Britain, and that many countries with constitutions which look liberal on the 52
surface suffer from oppressive governments which simply find ways to ignore constitutional rights
Comprehension Questions
1.What is the political and ideological structure of a system of laws of Great Britain?
2.What principle has been adopted as a check upon over powerful government?
3.How could the function of the state be divided?
4.In what way are the Where are constitutional rights of citizens and the powers of government of Britain guaranteed?
5.What important powers does the Constitution give to the President of the United States?
MODULE 3 INTERNATIONAL LAW
Unit 7 KINDS OF INTERNATIONAL LAW
Text 1 International Law throughout the world – по всему миру
to overlap – частично совпадать dire - ужасный
individual concerns – частные случаи, дела issue – вопрос, проблема
feasible – выполнимый, осуществимый to comply with – соответствовать
to occur - случаться, происходить
International law is a body of laws, regulations, and accepted practices by which different nations throughout the world interact with each other as well as with their own citizens and citizens of other countries. There are two basic categories of International Law, public International Law and private International Law, although the two tend to overlap frequently. Public International Law deals
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with relationships between different nations or between a nation and persons from another country. Private International Law generally deals with individual concerns, such as civil or human rights issues, not only between a government and its own citizens but also in how its citizens are treated by other nations.
International Law is developed and agreed upon by those that make up the international system, but not every nation state is a member or has a part in the process. Most nations are said to comply with International Law, but that appears questionable considering the number of human rights violations still occurring around the world. While the International community does attempt to hold all nations to International Law, it is not always feasible. Force may be necessary in order to ensure compliance, and the International community is generally against the use of force except in the dire circumstances.
Comprehension Questions
1.What are the specific features of International law?
2.Is every nation state a part of International Law process?
3.What does Public International Law deal with?
4.What does Private International Law generally deal with?
5.The application of International Law around the world is considered questionable, isn’t it? Why?
Treaty
A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an (international)
agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. Regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same.
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Treaties can be loosely compared to contracts: both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held liable under international law.
Text 2 International Air Law
to apply - применять
spacecraft – космический корабль applicability - применимость current – современный, текущий
International air law should be applied to aerospace objects while they are in the airspace of another State. The view was expressed that, despite the absence of certain important definitions in international air law, aviation activities continued to develop well. It should be noted that the upper limit of the atmosphere has not been defined in international air law.
Current international air law should prevail while the spacecraft operates within airspace.
The development of space technology required solutions to a number of interconnected questions relating to the applicability of international air law and international space law. The norms of national and international air law are applicable to an aerospace object of one State while it is in the airspace of another State.
Comprehension Questions
1.When should International air law be applied?
2.Has the upper limit of the atmosphere been defined in international air law?
3.What questions does international air law resolve?
4.Why is the international air law necessary in modern life?
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