The Nature of Constitutional Law

Constitutional law is the body of rules, doctrines, and practices that govern the operation of political communities.

This does not mean that all of the rules are in the constitution, for usually there are many other rules such as bylaws and customs. Invariably, by definition, the rules spelled out in the constitution are considered to be basic until they are modified according to an appropriate procedure and all other rules must conform with them.

Every political community, and thus every national state, has a constitution. Constitutions may be written or unwritten; they may be complex or simple.

The constitution of a political community is composed, in the first place, of the principles determining the agencies to which the task of governing the community is entrusted and their respective powers.

The constitution of a political community may contain more, however, than the definition of the authorities endowed with powers to command. It may also include principles that delimit those powers in order to secure against them fundamental rights of persons or groups.

A decisive turn in the history of Western constitutional law occurred when a theory of natural lawbased on the "inalienable rights" of the individual was developed. John Locke (1632-1704) was the first outstanding champion of the theory. He was followed by others, and in the 18th century the doctrine of the rights of the individual became the banner of the Enlightenment. The theory assumed that there are certain rights belonging to every single human being (religious freedom, freedom of speech, freedom to acquire and possess property, freedom not to be punished on the basis of retroactive laws and of unfair criminal procedures, and so on), which governments cannot “take away” because they were not "created" by governments. The theory further assumed that governments must be organized in such a way as to afford an effective protection of the rights of the individual. For that purpose it was thought that, as a minimal prerequisite, governmental functions must be divided into legislative, executive, and judicial; that executive action must comply with the rules laid down by the legislature; and that remedies, administered by an independent judiciary, must be available against illegal executive action.

The theory of the rights of the individual was a potent factor in reshaping the constitutions of Western states in the 17th, 18th, and 19th centuries. It was in the United States, however, that the theory scored its most complete success. The American idea of stating in an orderly, comprehensive document the essentials of the rules that must guide the operations of government became popular very quickly. Since the end of the 18th century many states, in Europe and elsewhere, have followed the United States' example. Today, almost all states have constitutionaldocuments describing the fundamental organs of the state, the ways they should operate, and, usually, the rights they must respect and even sometimes the goals they ought to pursue.

4. Match the following English and Russian equivalents:

1) to pursue the goals	a) надлежащая процедура
2) to respect the rights	b) несправедливая уголовная процедура
3) essential rules	c) независимая судебная власть
4) complete success	d) выдающийся защитник
5) independent judiciary	e) преследовать цели
6) laid down by the legislature	f) быть облаченным полномочиями
7) minimal prerequisite	g) уважать права
8) effective protection	h) полный успех
9) unfair criminal procedure	i) минимальное условие
10) outstanding champion	j) существенные нормы
11) to be endowed with powers	k) устанавливаемые законодательной властью
12) appropriate procedure	l) эффективная защита

5. Supply the missing English words:

1. In modern times the most important political community has been the (национальное государство).

2. The protection of (прав личности) has also become the concern of supranational institutions.

3. The fact is that constitutional law is “basic” (по отношению к) all other lawsof the legal system.

4. The U.S. Constitution defines the essential organization of government, as well as the (существенные ограничения) of its legislative and executive powers.

5. England also changed some of its lawsso as to give more adequate legal force to the (личные свободы).

6. Translate the sentences paying attention to the underlined words and phrases:

1. It was the theory of natural lawbased on the "inalienable rights" of the individual that played an important role in the development of constitutional law.

2. Governments must be organized in such a way as to afford an effective protection of the rights of the individual.

3. All the principles concerning the distinction of governmental functions were incorporated in constitutional law.

4. Governmental functions must be divided into legislative, executive, and judicial and the executive branch must comply with the rules laid down by the legislature.

5. Remedies, administered by an independent judiciary, must be available against illegal actions.

SPEAKING

Discussion:

5 What are the rights of citizens in Russia?

Дата добавления: 2015-11-14