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Language practice and comprehension check

Disadvantages of case law | The justice or injustice of the cause is to be decided by the judge. | LANGUAGE PRACTICE AND COMPREHENSION CHECK | Collins Dictionary of British History | NOTES TO THE TEXT | Constitute, institute, substitute, restitution, constituency | TEXT 2THE EVOLUTION OF THE BRITISH CONSTITUTION IN THE 17-TH CENTURY | Pretensions - (often pl) a claim to possess | B) concessions | Constitution is in the state of flux |


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TASK I a) Look up the meanings of the following words in a dictionary:

Benevolent To justify

To remove To reveal

To repeal Borough

To grapple (with) Diluted

To override To police

Prejudice

a) Translate the following sentences with the above words:

1. Benevolent association is an unincorporated, nonprofit organization that has a philanthropic or charitable purpose.

2. Charitable corporation is a nonprofit corporation that is dedicated to benevolent purposes and thus entitled to special tax status under the Internal Revenue Code.

3. In the 1640s Parliament was the principal guardian of the liberties of subjects, which justified its having unlimited authority.

4. The doctrine of the ‘dormant’ commerce clause, though what is dormant is the congressional exercise of the power, not the clause itself, under which the Court may police state taxation and regulation of interstate commerce, became well established.

5. While expressing considerable reservations about the scope of delegations, Justice Scalia, in Mistretta, 488 U.S. at 415–16, conceded both the inevitability of delegations and the inability of the courts to police them.

6. The design of one congressional district was held to violate the Voting Rights Act because it diluted the voting power of Latinos.

7. Rebellion against the King could never be justified, not even as a remedy for tyranny.

8. Once acquired, this Fourteenth Amendment citizenship was not to be shifted, canceled, or diluted at the will of the Federal Government, the States, or any other government unit.

9. Academics as well as the Justices grapple with the extent to which religious practices as well as beliefs are protected by the Free Exercise Clause.

10. There are some prize cases in which Parliament's authority to override international law might seem to have been questioned

11. The Draft Constitutional Renewal Bill 2008 duly proposes to remove the discretion of the Lord Chancellor to reject or seek a reconsideration of appointments below the High Court (and the Prime Minister’s entirely formal role in the most senior appointments), although it does not take forward the proposals for any parliamentary involvement in the process.

12. Judges are arguably more trustworthy than elected legislators because they are more able to think calmly and impartially about difficult moral problems, independently of popular prejudices.

13. In Waters v. Churchill, 511 U.S. 661 (1994), the Court grappled with what procedural protections may be required by the First Amendment when public employees are dismissed on speech-related grounds, but reached no consensus.

14. Political decision-making is taken by those who are open to public criticism and can be removed through the ballot.

15. In November 2006, an ICM poll for the Sunday Telegraph revealed that 52 per cent of Scots respondents favoured independence.

16. Parliament is entitled to override much of the common law, but not its most fundamental principles, because they are the ultimate source of its own authority.

17. By the end of the thirteenth century, as the wording of the writs of summons to Parliament indicates, the representatives of shires and boroughs were regarded as having full power to bind their communities to whatever decisions were made in Parliament,

18. Statutory procedures for dissolution and government formation remove political pressures on monarchy.

19. Possible prejudice that may result from delays between the time government discovers sufficient evidence to proceed against a suspect and the time of instituting those proceedings is guarded against by statutes of limitation, which represent a legislative judgment with regard to permissible periods of delay.

20. Disciplinary rules restricting extrajudicial comments by attorneys are void for vagueness, but such attorney speech may be regulated if it creates a “substantial likelihood of material prejudice ” to the trial of a client.

21. Conscious legal change, often touching the most important affairs of the realm and its people, is revealed in legal and political writings, year books, rolls of parliament, and chronicles.

22. James Madison said that authorizing the judiciary to override the legislature's understanding of the meaning of the Constitution 'makes the Judiciary Department paramount in fact to the Legislature, which was never intended and can never be proper'.

23. According to the Conservative Party a preference for the HRA should be repealed and be replaced with a ‘British Bill of Rights’, which would ‘enshrine and protect fundamental rights’ (Cameron 2006)

24. As the voice of the community, Parliament was the supreme interpreter of the common law, and could override even fundamental legal principles if reason required.

25. According to the Liberal Democratic Party “A British Bill of Rights should be part of a written constitution and must be built upon the human rights legislation we already have in place”; “ repealing the Human Rights Act would be a massive step backwards for rights in Britain’ (Heath 2007).

 

TASK II Match verbs and nouns and use them to discuss constitutionalism:


1) limit/to restrain

2) make/to enforce

3) police

Set/to place

5) override

6) apply

7) interpret

Settle

9) obtain

10) remove

A) laws

B) the exercise of power/governmental powers

C) individual liberties

D) legislation

E) ideas/prejudices/laws

F) rights

G) limits

H) provisions

I) disputes

J)protection


TASK III Say whether the meanings of the words in the following pairs are:

a) similar; b) opposite; c) complementing one another.


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