- •Unit 3 Law
- •3.1 Common law and equity
- •3.2 Constitutional and administrative law
- •3.3 Criminal law
- •3.4 Civil law
- •3.5 Labour law
- •3.6 Family law
- •Unit 4 Legal institutions
- •4.1 Legal institutions
- •Legal institutions
- •John Locke
- •Baron de Montesquieu
- •Thomas Hobbes
- •4.2 Judiciary
- •Judiciary
- •4.3 Legislature
- •4.4 Executive
- •Executive
3.2 Constitutional and administrative law
Activity 1 Supply the missing members of these words families. Check your answers with the dictionary. The first word is done for you.
1) economy-economic, economics, economy, economist, economically, to economize.
2) to govern-
3) to support-
4) power-
5) law-
Activity 2 Read new words with their translation.
govern |
керувати, правити, управляти |
affair |
справа, діло |
codified |
(за)шифрований, закодований; кодифікований |
deriving |
походити; встановлювати походження |
search |
обшукувати |
warrant |
підстава; повноваження; виправдання |
valid |
дійсний, чинний, справжній |
incommunicable |
що не має зв'язку (сполучення); відрізаний |
instance |
приклад, зразок; окремий випадок |
defendant |
відповідач; підсудний, обвинувачений |
plaintiff |
позивач; позивачка |
ensure |
гарантувати, забезпечувати |
assume |
набирати, набувати; приймати (брати) на себе |
Activity 3 Read the following text.
Constitutional and administrative law
Constitutional and administrative law governs the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights. A few, like the United Kingdom, have no such document. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. A case named Entick v Carrington illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sheriff Carrington. When Mr Entick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority. However, there was no written statutory provision or court authority.
The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole ... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.
The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorized by law. Administrative law is the chief method for people to hold state bodies to account. People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the Conseil d'État set up in 1799, as Napoleon assumed power in France.
Activity 4 Complete the sentences, forming the disjunctive questions.
1. Constitutional and administrative law govern the affairs of the state, …?
2. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state, …?
3. The United Kingdom has no such document, …?
4. That right is preserved sacred and incommunicable in all instances,…?
5. The individual can do anything but that which is forbidden by law, …?
6. The first specialist administrative court was the Conseil d'État set up in 1799,…?
Activity 5 Fill in the blanks with one suitable word from the box given below.
law |
simply |
such |
bill |
rights |
single |
Court |
against |
common |
argued |
valid |
govern |
A few |
Kingdom |
both |
Constitutional and administrative law _____the affairs of the state. Constitutional _____ concerns _____ the relationships between the executive, legislature and judiciary and the human _____ or civil liberties of individuals _____ the state. Most jurisdictions, like the United States and France, have a _____codified constitution with a _____ of rights. _____, like the United _____, have no _____ document. A "constitution" is _____ those laws which constitute the body politic, from statute, case law and convention. A case named Entick v Carrington illustrates a constitutional principle deriving from the _____ law. Mr Entick's house was searched and ransacked by Sheriff Carrington. When Mr Entick complained in _____, Sheriff Carrington _____ that a warrant from a Government minister, the Earl of Halifax, was _____ authority. However, there was no written statutory provision or court authority.
Activity 6 Decide which of these statements are true and which are false.
1. Administrative law govern the affairs of the state.
2. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state.
3. Most jurisdictions, like the United Kingdom and France, have a single codified constitution with a bill of rights.
4. A few, like the United States, have no such document.
5. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention.
6. The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law.
7. Constitutional and administrative is the chief method for people to hold state bodies to account.
8. The first specialist administrative court was the Conseil d'État set up in 1799, as Napoleon assumed power in France.