The Sources of English Law

At the heart of the English system there are two principles of government – limited government and representative government. The idea that government was not all-powerful first appeared in the Magna Carta, or Great Charter, that King John signed in 1215 under the threat of civil war. The Magna Carta established the principle of limited government, in which the power of the monarch, or government, was limited, not absolute. This document provided for protection against unjust punishment and loss of life, liberty, and property except according to law. It stipulated that no citizen could be punished or kept in prison without a fair trial. Under the Magna Carta, the king agreed that certain taxes could not be levied without popular consent. The Magna Carta came in time to be regarded as a cornerstone of British liberties. It is one of the oldest written constitutional papers.

In Britain, the United States, and many other English-speaking countries, the law of Habeas Corpus guarantees that nobody can be held in prison without trial. Habeas Corpus became a law because of a wild party held in 1621 at the London home of a notoriously rowdy woman, Alice Robinson. When a constable [΄kΛnstəbl] appeared and asked her and her guests to quiet down, Mrs. Robinson swore at him so violently that he arrested her, and a local justice of the peace committed her to jail. When she was brought to trial, Mrs. Robinson’s story of her treatment in prison caused an outcry. Such treatment was barbaric even by the harsh standards of the time. Public anger was so great that she was acquitted, the constable who had arrested her without the warrant was himself sent to prison, and the justice of the peace was severely reprimanded. And the case led to the passing of the Habeas Corpus Act in Britain in 1679. The law is still on the British statute books. Habeas Corpus is part of a Latin phrase – Habeas Corpus ad subjiciendum - that means ‘Let the body be brought before the judge,’ In effect, a writ of Habeas Corpus is an order in the name of the people (or, in Britain, of the sovereign) to produce an imprisoned person in court at once.

The Bill of Rights (1689) is one of the basic instruments of the British constitution, the result of the long 17th century struggle between the Stuart kings and the English people and Parliament. The revolution settlement made monarchy conditional on the will of Parliament and provided a freedom from arbitrary government of which most Englishmen were notably proud during the 18th century. The main purpose of the act was unequivocally to declare illegal various practices of James II. Among such practices proscribed were the royal prerogatives of dispensing with the law in certain cases, the complete suspension of laws without the consent of Parliament, and the levying of taxes and the maintenance of a standing army in peacetime without specific parliamentary authorization. A number of clauses sought to eliminate royal interference in parliamentary matters, stressing that elections must be free and that members of Parliament must have complete freedom of speech. Certain forms of interference of the course of justice were also proscribed. The act also dealt with proximate succession to the throne, provided the heirs were Protestants. It is the constitutional paper of great importance, which prevented the sovereign from abusing his authority.

The laws of much continental Europe owe their modern form largely to a man who never studied law. Napoleon Bonaparte established in 1800 five commissions to refine and organize the diverse legal systems of France. The resulting Code was a triumphant attempt to create a legal system that treated all citizens as equals without regard to their rank or previous privileges. It was also so clearly written that it could be read and understood by ordinary people. The code was adopted intact in most of the areas of Europe and spread from there across the Atlantic. Many of its principles are still in force.

3. Give each paragraph a heading of your own. Compare your heading with other members of the group. Are all the headings possible?

4. Give Ukrainian equivalents for the following words and expressions. Make up sentences or situations using them.

Limited government; representative government; to establish the principle; to keep in prison / to hold in prison; to levy taxes; a cornerstone of British liberties; to quiet down; to swear at somebody; to commit someone to jail; notoriously rowdy; to be acquitted; to arrest without warrant; to be severely reprimanded; to lead to the passing of the act; to provide the foundation; to dispense with the law; complete suspension; to eliminate royal interference in parliamentary matters; proximate succession to the throne; to abuse one’s authority; to owe their modern form largely to a man; without regard to their previous privileges; to adopt intact.

5. Find in the text English equivalents for the following words and expressions.

Обмежений уряд; представницький уряд; всемогутній уряд; загроза громадянської війни; знать; виступ баронів; дарування свобод; передбачати захист; втрата життя, свободи та власності; утримувати у в’язниці; збирати податки; народна згода; славнозвісна; мировий суддя; ордер на арешт; варварське ставлення; повстання; вторгнення; невдоволення громади; заточити до в’язниці; викликати гнівний протест; привести до прийняття закону; отримати сувору догану; предстати перед судом; бути виправданим; бути призупиненим; від імені народу; особливо пишатися; свобода слова; автократія; наступний спадкоємець трону; хід здійснення правосуддя; утримання діючої армії; позбутися королівського втручання у парламентські страви; конституційний документ; зловживання владою; прийняти без змін; незважаючи на статус; удосконалити та організувати різноманітні правові системи; ставитися до громадян як до рівних; зрозумілий простім людям.

6. A: Fill in the appropriate word from the list below.

Warrants, proscribed, justices of the peace, provided for, threat, writ, monarchy, abuse, representatives, charter, liberty, representative, succession, notorious

1. … refers to the use or treatment of something (a person, item, substance, concept, or vocabulary) that is harmful. 2. ….. democracy is a form of government founded on the principles of the people's….. . 3. Under the Law of Treaties (1969, Vienna) both the …. and the use of force are prohibited. 4. A …… is the grant of authority or rights. 4. …… are typically issued by courts and are directed to the sheriff, constable or a police officer. 5. The ….. of habeas corpus is usually used to test the legality of a prisoner's detention. 6. ……. is the freedom to act or believe without being stopped by unnecessary force. 7. In politics, order of …….. is the ascension to power by one politician or monarch after another, usually in a clearly defined order. 8. A …… is a form of government in which supreme power is actually or nominally lodged in an individual, who is the head of state, often for life or until abdication. 9. Solon’s laws …….. death penalty for homicides. 10. Bonnie and Clyde were ……. outlaws, robbers, and criminals who made headlines across the country during the Great Depression. 11. A magistrates' court in England and Wales is composed of a bench of (usually three) ……. or magistrates, who dispense summary justice. 12. Such practices were considered immoral and were ….. by law.

B: Fill in the appropriate proposition or adverb where necessary.

1. The Bill of Rights prevented the monarch …. abusing his power. 2. England withdrew from any active interference .... the struggles of the Continent. 3. The new Criminal Code provides ..... the replacement of the death penalty …… the serious crimes ….. the life imprisonment.4. His client dispensed ….. much help of his lawyer. 5. At the trial they were acquitted …. the offence. 6. The employee was severely reprimanded ….. interfering …. his employer’s business. 7. He gave false evidence …… the threat of force. 8. No person can be imprisoned ….. a fair trial. 9. The Bill of Rights is regarded …. a cornerstone of American liberties. 10. The justice … the peace committed Alice Robinson …. jail and then she was brought … trial. 11. The constable was sent …. prison because he had arrested her ….. the warrant. 12. The Miranda v. Arizona case led … the United States Supreme Court decision …. the Miranda warning. 13. …. Napoleon’s Code all citizens are treated as equals ….. regard ….. their rank.

7. Match the definitions in the right column to the words given in the left.

1. representative	а) to rebuke sb severely and officially (for a fault, etc.);
2. warrant	b) to stipulate;
3. writ	c) a person elected or appointed to represent or act for others;
4. reprimand	d) to examine and accept;
5. pass	e) a written order issued in the name of a ruler to an official to do or not to do sth;
6. provide for	f) a written order giving official authority for sth;
7. equal	g) forbid, esp. by law
8. heir	h) a person entitled to property or rank as a legal successor of its former owner;
9. proscribe	i) having the same rights;

8. Find in the text a word or a phrase that means:

1. to make a bad or wrong use of something; 2. power or right to give orders and make others obey; 3. to do without; 4. to collect by authority or force; 5. complete paragraph in an agreement, contract, law; 6. to make promise with legal obligations; 7. ultimate, having complete or despotic power; 8. state of being free from captivity, slavery, imprisonment, despotic control, government by others; 9. breaking in other people’s affairs without right or invitation.

9. Decide whether the following statements are true or false.

1. The principles of limited and representative government were first set out in Habeas Corpus Act. 2. The Magna Carta provided for protection against unreasonable arrest. 3. The Great Charter is a cornerstone of British freedoms. 4. The Magna Carta was the first document to restrict the Monarch’s power. 5. The Habeas Corpus Act provided for prohibition of levying taxes without popular consent. 6. The Habeas Corpus Act is still in force in Great Britain and the USA. 7. To commit a person to jail an official must produce a writ of Habeas Corpus. 8. The Bill of Rights was passed as a result of constitutional confrontation between the Monarch and Parliament. 9. The Bill of Rights provided for prohibition of traditional rights of the English. 10. Napoleon’s Code provided for equality to all citizens.

10. Choose a word or a phrase (a, b, c or d) which best completes unfinished sentence.

1. Two of the main principles of the Magna Carta are …… a) presidential and democratic government; b) provisional and authoritarian government; c) limited and representative government;

2. The Magna Carta protected the rights of ……. a) aristocracy; b) ordinary citizens; c) all classes of the society;

3. Habeas Corpus means that …….. a) nobody can be arrested; b) everybody must be brought before the judge; c) taxes must be levied with popular consent;

4. The monarchy was made dependent on the will of Parliament under ……. a) the Magna Carta; b) the Habeas Corpus; c) the Bill of Rights;

5. The Bill of Rights provided for elimination of …….. in parliamentary matters. a) royal interference; b) church interference; c) people’s interference.

6. The Napoleonic Code is the French….., established under Napoleon I. a) criminal code; b) administrative code; c) civil code.

11. Complete the text using the words from the list.

Royal request; Stuart succession; more resistance; raising taxes; prevent; restricted; forced; financial control