Прочитайте и переведите письменно Текст 1.

Текст 1

Constitutional Law

1. 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.

2. 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 constitutions have adopted the principle of separation of powers, developed in the 18th century by the French political philosopher Montesquieu.

3. 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.

4. As well as defining the powers of government, most constitutions describe the fundamental rights of citizens. These usually include general declarations about freedom and equality. Among these rights are the freedom of religion, speech, and the press, the right of peaceful assembly, and the right to petition the government to correct wrongs.

5. 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 surface suffer from oppressive governments which simply find ways to ignore constitutional rights.

2. Выпишите из текста №1 английские эквиваленты следующих слов и выражений: принцип разделения полномочий; принцип судебного контроля; исполнительный; законодательный; судебный; выполнять; соответствовать Конституции; конституционные права граждан; объявлять неконституционным (о законе); постановление; законодательный акт.

Переведите предложения на русский язык, обращая внимание на употребление инфинитивных оборотов.

1. His father ordered some water to be put on the stove.

2. Mr. Smith is said to have studied Danish and Dutch in his childhood.        

3. Which do you wish your son to do, to go into business or to become a lawyer?

4. Her smile was friendly and she made you feel that she was really pleased to see you.

4. Прочитайте Текст 2 и устно переведите его на русский язык. Письменно переведи­те 3-й абзац текста.

Текст 2

1. Criminal trials in the United Kingdom take the form of a contest between the prosecution and the defence. Since the law presumes the innocence of an accused person until guilt has been proved, the prosecution is not granted any advantage, apparent or real, over the defence. A defendant (in Scotland called an accused) has the right to employ a legal adviser and may be granted legal aid from public funds. If remanded in custody, the person may be visited by a legal adviser to ensure a properly prepared defence. In England, Wales and Northern Ireland during the preparation of the case, the prosecution usually tells the defence of relevant documents which are not proposed to put in evidence and discloses them if asked to do so. The prosecution should also inform the defence of witnesses whose evidence may help the accused and whom the prosecution does not propose to call. The defence or prosecution may suggest that the defendant's mental state renders him or her unfit to be tried, if the jury (or in Scotland, the judge) decides that this is so, the defendant is admitted to a specified hospital.

2. Criminal trials are normally in open court and rules of evidence (concerned with the proof of facts) are rigorously applied. If evidence is improperly admitted, a conviction can be quashed on appeal. During the trials the defendant has the right to hear or cross-examine witnesses for the prosecution, normally through a lawyer; to call his or her own witnesses who, if they do not attend voluntarily, may be legally compelled to attend; and to address the court in person or through a lawyer, the defence having the right to the last speech at the trial. The defendant cannot be questioned without consenting to be sworn as a witness in his or her own defence. When he or she does testify, cross-examination about character or other conduct may be made only in exceptional circumstances; generally the prosecution may not introduce such evidence.

3. In jury trials the judge decides questions of law, sums up the evidence for the jury and instructs it on the relevant law, and discharges the accused or passes sentence. Only the jury decides whether the defendant is guilty or not guilty. In England and Wales, if the jury cannot reach a unanimous verdict, the judge may direct it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more than two dissentients. In Scotland, where the jury consists of 15 people, the verdict may be reached by a simple majority, but as a general rule, no person may be convicted without corroborated evidence. If the jury returns a verdict of «not guilty», the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. In the event of a «guilty» verdict, the defendant has a right of appeal to the appropriate court.

4. A jury is completely independent of the judiciary. Any attempt to interfere with a jury once it is sworn in is punishable under the Contempt of Court Act 1981.

5. Выполните лексико-грамматические задания на основе содержания Tекста 2:

5.1. Выпишите из текста английские эквиваленты следующих слов и выражений: уголовный судебный процесс, обвинение (сторона уголовного процесса), защита, невиновность, вина, обвиняемый, подсудимый (ответчик), взять под стражу, свидетельские показания (доказательства, улики), свидетель, обвинительный приговор, судья, выносить приговор.

5.2. Озаглавьте текст. Напишите на английском языке краткую аннотацию прочи­танного текста (не более 5 предложений).

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Вариант 4