English in Administrative Settings
TABLE OF CONTENTS
1. Towards an Ideal of Justice ………………………………….. 3 2. The Right to Govern …………………………………………. 13 3. The Right to Fair Treatment …………………………………24 4. The Right to Consideration …………………………………. 36 5. The Freedom of Information …………………………………47 6. The Right to Privacy ………………………………………….58 7. Exploring the Future ………………………………………… 69 Bibliography …………………………………………………….. 80
TOWARDS AN IDEAL OF JUSTICE
Justice Seen to Be Done
A maxim often quoted by lawyers is that justice should not only be done, but should be seen to be done. At first sight the idea seems strange and prompts one to ask if justice is done why does it matter whether or not it is seen to be done. Converseley, the appearance of justice has no value in itself if the outcome is a miscarriage of justice. The maxim only applies when the outcome is just, but why do appearances matter if the reality is that justice has been done. The answer is to be found in the practical nature of procedures and in the idea that we must have confidence in them. Having confidence in procedures depends not on our being sure that they lead in each case to the right outcomes, since such knowledge will rarely be available to us; confidence depends instead on the procedures being of a kind which we have good reason to believe will produce the right results. The value is not in the procedures themselves but in their contribution to the right or best outcomes. Confidence is then a practical standard for deciding whether any set of procedures can be relied on in bringing about that result. But since we are unavoidably labouring under conditions of imperfect knowledge, confidence will sometimes turn out to be misplaced and the procedures should be adjusted accordingly. The basis of the idea that justice should be seen to be done is now apparent: it suggests that where procedures are laid down, and are tried and tested sufficiently to win our confidence, then compliance with those procedures should be insisted upon. Compliance should be insisted on because it is the only practical guide we have for knowing whether the right or best outcome has been reached and justice actually done. The corollary is that if the procedures followed do engender confidence, then we can be reasonably confident that the right or best outcome has been reached; such confidence, however, is contingent and may on occasions be shown to be misplaced. This explanation of the maxim can be illustrated with two examples, the hearing principle and principle against bias. Reliance is often placed on a procedural rule that a person should be heard before a decision is made, the basis for the rule being that a hearing is normally an important step in reaching the right outcome, so that the inclusion of such a rule is a necessary step in gaining our confidence.The failure to provide a hearing will undermine our confidence and will normally be an adequate reason for considering the whole process to be tainted. Of course we are unlikely to know whether the failure to hear really did affect the outcome in that case. Generally, however, it will be enough in order to have the process overturned to show that there has been a failure in the appearance of justice. Legal systems may differ in their approach to such matters, with some regarding the breach of such a procedural rule as suficient to taint the whole process, others allowing for that breach to be compensated for by other procedures. The explanation in the latter case is that, while the breach of procedures might threaten our confidence in the process, other factors might be enough to remove the threat. Bias fits the same pattern, since bias in the decision maker is likely to cause error or distorsion in 3
the outcome. It does not necessarily do so, but considering how hard it would be to detect, confidence demands procedures which depend on proving not actual bias but merely the appearance or suspicion of it. The failure to comply with such procedures would create not only an appearance of justice not being done, but a deep suspicion of justice not actually being done. Due Process and Fair Procedures, D.J. Galligan A.1 Reading Comprehension Complete the following statements: 1. Lawyers often quote the following maxim: .............................. . 2. The maxim only applies when .............................. . 3. The value is not in the procedures themselves but in their contribution to .................... .......... . 4. Confidence is a practical standard for deciding whether .................... . 5. .............................. is the only practical guide we have for knowing whether the right or best outcome has been reached. 6. A person should be heard before .............................. . 7. .............................. will undermine our confidence. 8. Some legal systems regard failure to provide a hearing as sufficient to taint .............................. . 9. Others allow for that breach to be compensated for by .................... . 10. Bias in the decision maker is likely to cause ..................... in the outcome. A.2. Talking Point Enlarge upon: Fiat justitia et pereat mundus. Let justice be done, though the world perish. Ferdinand I In Justice is all virtue found in sum. ‘Injustice anywhere is a threat to justice everywhere.’ Martin Luther King ‘Love of justice in most men is no more than the fear of suffering injustice.’ Duc de La Rochefoucauld, Maxims
only if. The suffix -ance: 1. unless. admittance 2.g abundance. would/should + the base form of the verb Use: it is used to express a hypothetical condition and its probable result 4. The second conditional If I won some money. 1.3. I’d travel around the world. replaces -ant at the end of adjectives to form nouns that refer to the state or quality described by the adjective e. The zero conditional If you wish to know a man. as long as. brilliance.g acceptance. The third conditional If he had studied harder. The Conditional The corollary is that if the procedures followed do engender confidence.1. providing. process or state indicated by the verb e. A. Form: if + present simple.3. will + the base form of the verb Use: it is used to express a possible condition and a probable result 3. in case Provide other illustrative examples. if he doesn’t do any work. help 5 a_______ a_________
. The word appearance in the text is made up of the verb appear and the ending -ance. The first conditional He won’t pass the exam.’ José García Oliver A. I firmly believe.‘Justice. would/should/could/might + perfect infinitive Use: it is used when talking about something that might have happened in the past but did not happen NB: if can sometimes be replaced also by: provided. present simple Use: it expresses conditions that are always true 2. Form: if + past simple. action or state of being joined or associated 2. Use the definitions to find words constructed in a similar way: 1. Language Focus A.2. give him authority. combines with some verbs to form nouns which refer to the action. is so subtle a thing that to interpret it one has only need of a heart.3. Form: if + present simple. then we can be reasonably confident that the right or best outcome has been reached. Form: if + past perfect. he would have passed the examination.
.. power to remain undamaged or unaffected 5................... the claim to procedures is 6 ........... verdict of guilt or innocence.......................3.. has a right to procedures by which the law will be applied accurately to the 10 .....-holder does not appeal to decency or to the good will of the community to 5 .... the litigant in a civil 9 ... outcome 4....... one of right.. Fill each of the numbered blanks in the passage with one suitable word: First-order rights within a legal system justify a claim to such procedures 1 .... in return for regular payment
g_______ r_________ i_________ p___________ a_________ p__________ f________ i________
A.... sickness etc........... rely 10..... significance or value 6.. leadership.. comply 7...... or at
... That claim to 3 .......... action or time of being present 8......... suitable procedures. scent or perfume 10.. engender 8. justice 3.......3.. confident 9... 7 .. numbers etc 7... Which of the words in each list is not synonymous with the first one: 1.... damage......... adequate content effect motive agree breed sure depend suited aphorism fatuity upshot ground concur dampen positive trust adage equity end saying dictum uprightness lawfulness propriety flare-up converse straighten repudiate create certain lean commensurate fitting
sequel view fit yield cause confide
A. adjust 6...... are necessary to protect and uphold those 2 ...4. reason 5..... ......... maxim 2........... may itself be expressed in the language of rights: the 4 . state of being greater in strength.... direction 4.... the rights an accused in a criminal trial has is the right to procedures which will result in an 8 .. guarantee of compensation for loss.... ...... outstanding action or achievement 9....3.....3..
Personal friendship or animosity towards a party is also a ‘compelling reason’ for disqualifying themselves from hearing a case...... official or private. are justified.. The Times..... as is a current or recent business association.. doctor. It says: ‘Judges should always take care that their conduct... or the public appearance of independence.000 fulltime and part-time judges in England and Wales have received firm guidance.. does not undermine their institutional or individual independence... Friendship or past professional association with a lawyer acting for a party in the case is not generally sufficient grounds for disqualification.. The guide’s ‘don’ts’ include sitting on a case in which the judge has a close family relationship with a party or spouse or domestic partner of a party....... And they are reminded that dialogue will not be as if in court. not allow any family or social relationship to influence judicial conduct or behave in any way which gives rise to the suspicion or appearance of favouritism or partiality.... to procedures which ensure the rights are upheld..... has to pass judgement on the behaviour of others’...........’ The guide.. be reasonably equal... While politicians may debate the line between public and private life... Whenever first order rights are in issue. 2004
New Laws to Govern Conduct of Judges
Judges are given warning about their behaviour in and out of court.. moral claims for certain procedural 14 .... Judges are advised to avoid any situation that might ‘expose them to charges of hypocrisy by reason of things done in their private life’... the first of its kind. about 5... accountant. has been drawn up by a committee of judges after wide consultation.. Judges should also disqualify themselves from a case involving their solicitor...least that the contest between the 11 . They must not allow their official residence to be used by lawyers to receive clients...... They are advised: ‘Behaviour that might be regarded as merely unfortunate if engaged in by someone who is not a judge might be seen as unacceptable if engaged in by a person who is a judge and . The guide tells judges to exercise: ‘extreme circumspection’ with the media and to refrain from using court computers in any way that could bring the judiciary into disrepute...... Frances Gibb. Judges can take part in lectures and debates only if care is taken about the occasion and the platform on which they are speaking so that they avoid being linked with a particular cause or group... the person subject to a decision will often have rights at stake and is 13 ...... in the administrative 12 ... dentist or if another professional adviser is a party.. dealings with the media and surfing the net in the first code of conduct to be drawn up for the judiciary. ‘The judge cannot expect to join in and leave the debate on the judge’s terms’. December 8...
Judges are disqualified from cases involving their solicitor.’ Hiller B. Talking Point Enlarge upon: Right wrongs no man. 3. petitions.1. 2. telegrams. 10. A judge must not sit on a case in which they have a close family relationship with a party. B.’ William Blackstone. heedless of editorials. The second code of conduct has been drawn up for the judiciary. ‘It is better that ten guilty persons escape than one innocent suffer. doctor or dentist.000 full time and part time judges in England and Wales. letters. 5.3. Commentaries on the Laws of England ‘Judges must follow their oaths and do their duty. Another reason for disqualification is friendship or past professional association with a lawyer acting for a party in the case. The judges are told to exercise ‘extreme circumspection’ with the media. The guide has been drawn up by the judges’ association.’ St. accountant. Augustine.2. 6. Judges cannot take part in lectures or debates.B. 4.1. Language Focus B. Zobel: Judicial ruling – the Louise Woodward case 1997 ‘The verdict of the world is final. Reading Comprehension Are the following statements true or false? 1. Personal friendship or animosity towards a party is a reason for disqualifying themselves from hearing a case. They are allowed to use court computers in any way they like. 8. 7. threats. There are about 5. 9. Contra Epistolam Parmeniani B. Give the Romanian equivalents for each of the following phrases and use them in contexts of your own:
.3. panellists and talk shows.
.. to leave the chair 8............ ....... a simple and direct approach.... Your bank manager will probably .... Fill in the blanks in the following text with an appropriate term from the list:
... suggest 3.. and help..... to pass judgement 2......... 4. admittance 1... dispute 8. advocate....... that you take an adequate supply of currency and traveller’s cheques...3. ...... B...... 10... a personal loan... argument. The Prime Minister and the leader of the opposition had been drawn into a ferocious ... to administer justice 5........... I used to ........ over land boundaries..... We ...1... The report . 9.... to bring in a verdict 7.... ...... Confusable words..... 2. recommend 6...... to Oxford. to be on the bench 6...... She needs sound medical ....3... Choose the appropriate word and complete each of the following statements: admission.. The MP .. Mark opened a door marked NO ....... to sit on a case 3.. to settle a lawsuit 4............ My brother applied for ...............2.. to make good an injustice 9..3... to serve a writ/summons on somebody B........ the legality of the invasion... to pitch somebody over the bar 10.... rights and debts are commonplace.... advice........ a massive programme of aid to developing countries.. 5........ 7. advise.
......... in failing..........
.... interfere too actively...... to advise on a point of law.. Translate into Romanian: Anyone witnessing the spectacular miscarriages of justice in the criminal justice system of the United Kingdom in recent years will have been deeply disturbed by them.................. and both sides have presented their final 9 .. and he or she may only 5 ......judge presenting point contest
As the term ‘prosecution’ and ‘defence’ suggest....... the accused is freed at once.... This may be done at once.............. it is even more serious that society itself has transgressed its own fundamental principles and thereby impoverished itself.......... worked grave injustice..... If a a verdict of not guilty is arrived at.. but the reasons for the tragedy are themselves pedestrian: the procedures for investigating crime and trying suspects failed.. by reaching a verdict of guilt without justification.... Should the 7 ....... The judge’s powers of interference are limited................... In the 10 ........... ..... speech the judge is expected to outline the case and explain the legal 11 . and when one side thinks that its opponents are breaking the rules it can appeal to the judge for a 4 ....... is the truth... or to clarify an obscure 6 . this may form the basis of an 8 ...... It is serious enough that fundamental rights of those wrongly convicted and punished have been violated............1. in a higher court. If he or she is found guilty it is the judge’s responsibility to 13 ...... A number of people had been convicted of serious crimes... an English Trial is a 1 ....... or the judge may in certain circumstances 14 ..... they failed by producing the wrong outcome.. in this contest........ sentence.......... After the prosecution and defence have concluded their cases.... The long years of unwarranted punishment are bad enough...... or show partiality to one side or the other...... ..... in order to check an over-zealous barrister........ and then after years of imprisonment the convictions were shown to have been mistaken or at least seriously unreliable...... in which both sides try to convince the jury that the case which they are 2 ... but worse in the sense that the system has failed and........... Once the judge has summed up the jury consider their 12 ... To express such a human tragedy in procedural terms may seem pedestrian...........
C........... ....... involved to the jury... The judge acts as a 3 ..... ..... the court so that he or she has time to consider what penalty should be imposed..... it is the judge’s duty to sum up.
violation of those values will mean violation of rights. precum şi promovarea. The other set of costs is to the person wronged. Those objectives are frustrated. Not all mistaken decisions cause wrong to individuals. and where non-outcome values create rights. and the moral cost in the sense of injustice. others may be windfalls.This is a grave example of a problem which is repeated throughout the legal system. Nevertheless. and that cost has two forms: the bare cost in the sense of hard treatment. or which fails to take account of a person’s interests. (3) Func ia de judecător este incompatibilă cu orice altă func ie publică sau privată. (2) Justi ia este unică. However. Statutul judecătorilor Articolul 125 (1) Judecătorii numi i de Preşedintele României sunt inamovibili. and the frustration comes at a substantial cost in procedures and institutions. cu excep ia func iilor didactice din învă ământul superior. which is also an additional cost to the community as a whole. The guilty suspect who is acquitted. but they will be mistaken only if they go beyond the range of permissible options or violate the right to consideration or the standards of fair treatment.2. but where the individual person is treated unfairly by being deprived of a right to which he is entitled. Mistakes may also occur in relation to nonoutcome values. în condi iile legii sale organice. when the resulting injustice consists in violating values which ought to be respected. Galligan C. The mistakes most often in issue are mistakes as to outcomes. în condi iile legii. Translate into English: Înfăptuirea justi iei Articolul 124 (1) Justi ia se înfăptuieşte în numele legii. One set of consequences is to the community in failing to achieve its own objectives as expressed in its laws. is unlikely to complain. Where there is discretion. (3) Judecătorii sunt independen i şi se supun numai legii. or the welfare claimant mistakenly given benefits. such mistakes are analogous to mistakes as to outcomes. The consequences of failure to do so are several. the problem being how to make sure that the procedures lead to the right results. some will have no effect. The gravity of those costs will vary in each case according to the importance of the rights in issue. Some decisions may be better than others. Due Process and Fair Procedures. any one of which will be within the scope of powers. injustice results and the integrity of the process is called into question. (2) Propunerile de numire. impar ială şi egală pentru to i. They are mistakes which result when procedures fail to lead to an outcome specified by law. not all outcomes are so clearly defined. D. A decision which breaches the values relating to consistent treatment.J. affects outcomes and can be dealt with as a mistake which leads to the wrong result.
. there is likely to be some scope for different decisions. Some mistakes go farther and cause moral wrong to the members of the community. transferarea şi sanc ionarea judecătorilor sunt de competen a Consiliului Superior al Magistraturii.
Institutes ‘The price of justice is eternal publicity. but should manifestly and undoubtedly be seen to be done. Constitu ia României 2003
‘Justice is truth in action. (3) Înalta Curte de Casa ie şi Justi ie asigură interpretarea şi aplicarea unitară a legii de către celelalte instan e judecătoreşti. (5) Este interzisă înfiin area de instan e extraordinare.’ Gordon Hewart. Instan ele de contencios administrativ sunt competente să solu ioneze cererile persoanelor vătămate prin ordonan e sau. Secret Trials ‘A long line of cases shows that it is not merely of some importance. (4) Compunerea Înaltei Cur i de Casa ie şi Justi ie şi regulile de func ionare a acesteia se stabilesc prin lege organică.’ Justinian. (6) Controlul judecătoresc al actelor administrative ale autorită ilor publice. Rex v. (2) Competen a instan elor judecătoreşti şi procedura de judecată sunt prevăzute numai prin lege. Sussex Justices. a unor persoane din afara magistraturii. but it is of fundamental importance that justice should not only be done. Prin lege organică pot fi înfiin ate instan e specializate în anumite materii. pe calea contenciosului administrativ. după caz. este garantat.’ Benjamin Disraeli ‘Justice is the constant and perpetual wish to give to everyone his due. precum şi a actelor de comandament cu caracter militar. cu excep ia celor care privesc raporturile cu Parlamentul. prin dispozi ii din ordonan e declarate neconstitu ionale. November 9.’ Arnold Bennett.Instan ele judecătoreşti Articolul 126 (1) Justi ia se realizează prin Înalta Curte de Casa ie şi Justi ie şi prin celelalte instan e judecătoreşti stabilite prin lege. potrivit competen ei sale. 1923
. după caz. cu posibilitatea participării.
or. notwithstanding the protracted discussion and the amendments made in the Commision on Human Rights’ Drafting Committee. by referendum. it is also an elaboration of the right to take part in government. for it explains one way. is at the very heart of the concept. The rights enunciated in the article are political rights of a very special kind in that they are inextricably part of the idea and practice of democracy. Secretariat draft of the Universal Declaration devoted separate articles to the right to participate in government and the right of equal acces to public services.’ Article 31 said: ‘Everyone shall have equal opportunity of access to all public functions in the state of which he is a citizen. That is as good a statement of the mechanics of representative democracy as can be found. this third paragraph does not by its terms enunciate any right of the citizen. Article 30 said: ‘Everyone has the right to take an effective part of the government of the state of which he is a citizen. by electing representatives. that everyone can take part in the government of his or her country. Rather.N. the text finally adopted was remarkably like the Secretariat draft. That is representative government. Representative government. ‘This will’. and fair.
. 1. therefore. 2. The right of everyone to participate in the government of his country is also recognized by both the American Declaration on the Rights and Duties of Man and the American Convention. free. The will of the people shall be the basis of the authority of government. Everyone has the right to take part in the government of his country. as in the ancient city states of Greece.g. for example. is not mandatory. the reference to competitive examinations was dropped. it is in the nature of a constitutional prescription. directly or through freely chosen representatives.UNIT 2
THE RIGHT TO GOVERN
Under The Universal Declaration of Human Rights
Article 21. The other possibility contemplated by article 21 is direct participation. The U. ‘shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures’. Moreover. some of which were later rejected by the Commission as a whole and the General Assembly.. Appointments to the civil service shall be by competitive examination’. 3. as with so many other articles of the Universal Declaration. Otherwise. The principle laid down in the third paragraph of article 21 that ‘the will of the people shall be at the basis of the authority of government’. Unlike the first two paragraphs of article 21 which proclaim the right to take part in government and the right to equal access to public services. this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Elections shall be periodic. the paragraph continues. The state has a duty to conform to the wishes of the people as manifested by democratic elections. e. Although energetically defended by the representative of China. Everyone has the right of equal access to public service in his country.
. lunatics. Theodor Meron A....... article 25 of the Political Covenant gives the relevant rights to every citizen ‘without unreasonable restrictions’................ everyone can .... Article 21 of the Universal Declaration of Human Rights is .... Talking Point Enlarge upon: ‘There are two ways to get into government – one is to crawl into a government and the other is to kick your way in... 10.............. 4............ 2..... 3.... 7..... civil and mental capacity. .......... The rights set forth in article 21 belong to ..’ Ralph Waldo Emerson................... 5.... ... residence...... The justification for such restrictions must be found in so far as the Universal Declaration is concerned in article 29... .... 6. education..... They can be denied to . ...................The rights set forth in article 21 belong to citizens only and not to all citizens. language............. ‘An institution is the lengthened shadow of one man... . This will shall be expressed in ...................1................. .........’ 9......... Human Rights in International Law..... They can be denied to minors. 8.......... and article 23 of the American Convention says that ‘the law may regulate the exercise of these rights and opportunities … only on the basis of age....... and others under legal disability... nationality....... or sentencing by a competent court in criminal proceedings’ a formidable list that could permit significant restrictions...... while article XX of the American Declaration mentions citizens ‘having legal capacity’.......... Reading Comprehension Complete the following statements: 1.......................... Article 31 said: ‘[…]Appointments in the civil service shall be by ..... .... By electing representatives.. The UN Secretariat draft of the Universal Declaration devoted separate articles to ... The will of the people shall be at the basis of the authority of ........ in the government of their country... ..... The right of everyone to participate in the government of their country is also recognized by . The rights enunciated in the article are inextricably part of the idea and practice of ..2. Essays 14 Aneurin Bevan
persuade. agree. Language Focus A. but. remind. Why not take a holiday? 4. the costs of campaigning may be 15
. make. after modal auxiliary verbs I must go now. Underline all the infinitive forms in the following passage and comment on their use: Regarding the ‘opportunity’ to be elected. to express purpose I came here to learn English. need.g. The Infinitive By electing representatives. after certain verbs e. or organize. wonder. The short infinitive is used 1. after certain verbs followed by an object e. 4. For example. decide. We could do nothing but wait. understand etc I don’t know what to do. 3. It’s possible to walk there.A. order. force. after certain adjectives It’s difficult to explain how to get there. as and like It’s easier to do it yourself than explain to somebody else how to do it. the continuous infinitive to be+present participle Why is she so late? She can’t still be working. explain. choose. attempt. 2. expect. 2. the perfect infinitive to have+past participle He seems to have forgotten about the appointment. everyone can take part in the government of their country. 3. offer.g. 3. their own political parties. consider. find out. or. citizens should have the opportunity to join. 5.1. The long infinitive is used: 1. teach etc He advised me to listen carefully. except. Forms of the infinitive 1. encourage. after let. etc I expect to have some results soon. learn.3. After and. than. the passive infinitive to be+past participle I asked to be informed as soon as there was any news. 2.3. very few citizens have a genuine opportunity to be elected to certain posts. However. ask. allow. appear. manage. after certain verbs followed by question words e. hear etc I didn’t see you come in. advise.g. after why (not) You are looking tired.
....... for citizens to take part in the domain of
. B ruling B accountable C government C concerning 2........ A powerful central government may subordinate the .. Furthermore.. 6...... . Certain powers have been passed to the central ....... to the electorate. the opposition-supporting regions more susceptible to direct control by government........ A participating B taking place C plunging 8..... A longings A representatives B interests B authorities C wishes C electors 9.........prohibitive. 7..... of public affairs in a democratic state is the task of representatives of the people. Centralization may be .. Decentralization offers greater . The .. in standardizing local government services....2..... A participation A government A prosperous B attendance B rule B beneficial C inclusion C governance C good 5. 3. The disempowerment of local councils reduces opportunities for public ...... Over-centralization may discourage powerless government opponents from ...... Policy makers must be ......... A renders B triggers C shows B task C opportunity 4........ A conduct A responsible public affairs........ Public policy can also be influenced by local education ........ B or C which best completes each sentence: 1. in the political process.............. of the opposition supporters to those of its own supporters........ certain electoral systems may effectively ensure the election of candidates from only a small range of parties............... A........... Choose the word A...... 10.... A possibility in public affairs.............. The decline of local government .......... The right to an opportunity to be elected probably refers more to formal legal opportunities than to actual realistic opportunities.............3......... .
........ the judiciary........ contest..... be elected....... .... those pertaining to the right 4 ........ deceiving................... errors of judgement...... Indeed..... The .. Restrictions to certain public service jobs may be more rigorous 3 ....... 3.... He welcomed the Government’s . For 5 ......... that certain public service appointments in all states are influenced 7 ... words of the interview.... The Committee has exhibited scepticism 10 ...... That is the time you especially need planning to minimise ... A.... ...... to comprise all unelected positions within the executive... restrictions on this basis..3.. .............. deceptive 1...3.... that appointment to key public service posts could be influenced by political considerations.. 8.. final... is .... decision to hold a referendum in
..... such as employment in state schools...........A. such as head of a state’s secret service...... other areas of state administration. and 2 .. the public.... Yet this apparent realism.......... 5. possible 6.. political opinion would have to be reasonable and objective..................... It must be 6 ......... even in his latest writings..... eventual.... Confusable Words.......... Any restrictions based 9 ... The quickest way to rattle him was to accuse him of ... 7............... Fill each of the numbered blanks in the passage with one suitable word: The public service 1 ........ 2.. Choose the appropriate word and complete each of the following statements: deceitful....................... for the deputy leadership of the Labour Party will certainly be an interesting one.4.......... I quoted his .............. .......... The bureaucrats’ evidence varied from the inept to the downright ........................ the candidate’s political opinion.... competition 4................ His greatest disappointment was that he didn’t win the Teacher of the Year ....3....... one of the Council of Europe’s Committees of Experts took the 8 .... it seems reasonable to require a certain level of qualification for persons holding senior positions.....
.. for example. whose limitations were clearly seen when all those accused recently with Kamel Bourgass.. One introduces ‘all premises’ search warrants so police do not have to specify each address in advance. Among the many sensible proposals put forward by the Government yesterday to tighten up the present scrappy laws on terrorism. which is now being modified and accelerated to give the police and intelligence agencies the powers they claim to need in dealing with terrorism.. The ministry is easy to .. his Conservative and Liberal Democrat shadows*. concerning ‘acts preparatory to terrorism’. It is a genuine threat and must be confronted as swiftly as can be with the widest possible agreement. is by far the most urgent. This could turn on something as intangible as the tone of voice in which someone publicly stated approval of extremism.. In addition.. the State has an outdated* conspiracy law. which were foolishly left out of previous definitions. should not seek to delay* sensible measures unnecessarily. in turn... It will enable police to intervene even if the precise details of a terrorist plot are not known.... find.. 18
. make it easier to convict those financing terrorism or buying dangerous chemicals to assemble bombs. 10... on the Counter-Terrorism Bill... the Bill has a number of clauses that close absurd loopholes* in existing law that lawyers could use to escape convictions. At present. a professorship for comparative administrative law in our faculty.. . found 9. And a third extends stop-and-search powers to ‘bays and estuaries’..February. That... Less compelling is the second proposed new offence – indirect incitement to commit terrorist acts. All parties must be kept fully informed of what the Government’s terror advisers suggest are effective responses and... Terrorism is not an area where parties should seek* cheap advantage...... briefed* David Davis and Mark Oaten.. its wish for consensus sends out an important signal.. Charles Clarke.. There was talk about . the Home Secretary.. Thirdly. has lobbied hard for a law that will. It will not be retrospective – a comfort perhaps. the Algerian terrorist in the so called ricin plot. were acquitted. the Metropolitan Police Commissioner. to the IRA – but it will catch people attending or recruiting for terrorist training camps.
The Government should accelerate its new proposals to counter terrorism. It contains several new offences. Sir Ian Blair.. is sensible. The first. too... Yesterday... the Government wants to criminalise the provision of training in the use of hazardous substances for terrorist purposes.. The obvious problem here is how to frame* any tightening of the law on public provocation in a way that would secure safe conviction. A second gives the Security Service the ability to seek warrants authorising activities overseas.
Acts preparatory to terrorism and indirect incitement to commit terrorist attacks were left out in the old law. Guardian. This is too late. 10. 2. the new laws will not be effective until the end of the year. Another clause gives the Security Service the ability to seek warrants authorising activities overseas.Several important issues are not tackled* in this Bill.1. One clause of the law introduces ‘all premises’ search warrants. The second would extend. It does not contain any new offences. 2005 B. The Home Secretary briefed his Conservative and Social Democrat shadows on the Counter-Terrorism Bill. Reading Comprehension Are the following statements true or false? 1. 1992 19
. Slowly but surely. 7. This is not a moment to play petty* politics. the legislation should have a speedy passage. 8. The Government wants to criminalise the provision of training in the use of hazardous substances for terrorist purposes.’ Terry Waite. All parties must be fully informed as to the effective responses to terrorism. the 14 days during which a terrorist suspect can be held and questioned (with regular judicial referral). B. The Government still opposes the use of taps as court evidence – insisting that this compromises surveillance methods. Such evidence should make convictions easier. as they try to extinguish life in others. Talking Point Enlarge upon: ‘The terrible thing about terrorism is that ultimately it destroys those who practise it. 5. Even if passed. 6. even to countries with dubious legal records. if necessary. 3. 4. the light within them dies. On those matters of general agreement. The first concerns telephone tapping*. The bill tackles also telephone tapping. The Government put forward proposals to tighten up the present laws on terrorism. February 20.2. The Bill gives the police and intelligence agencies the powers they claim to need in dealing with terrorism. July 7. And the third is a declaration that Britain will derogate from international treaties to allow suspects to be deported promptly. The Times. 9. This is shortsighted.
...’ Frances Lawrence. 1995 ‘Where force is necessary. one must know when to blend force with a manoeuvre. to tap 10..3...1.. shadow 5. Observer.. Schumacher. What next? ‘It is of little use trying to supress terrorism if the production of deadly devices continues to be deemed as legitimate employment of man’s creative powers. It’s being put .. Phrasal Verbs PUT Among the many sensible proposals put forward by the Government yesterday .
. to brief 4. there it must be applied boldly. to frame 7.. to delay 3. Language Focus B..... decisively and completely. F... loophole 8. The candidate is very good at putting her ideas . that the Prime Minister may resign.... December 17.3.. 2.. Fill in the blanks with the appropriate missing items.2.. Choose from the list: to off down about forward through across up before in 1. Small is Beautiful B.... But one must know the limitations of force.3. . a blow with an agreement..’ Leon Trotsky.... to seek 2... It grows like a poison tree inside other people who have not learned to value other human beings..... outdated 6.. petty A to prefer A to postpone A to ask A old A to accept A escaping point A to deal with A to listen A dubious B to look for B to approve B to inform B insufficient B to formulate B absurd provision B to solve B to make B trivial C to impose C to tackle C to help C specialist researcher C sham C to include C strict rule C to define C to address C suspicious
A opposition counterpart B terror adviser
B.. to tackle 9. Choose the right explanation for each of the following words (with asterisks in the text): 1..’ E...‘Violence is not a knife in the hand.
.. each constituency should have the same.......... The Opposition plan to put ...... ......... B..... 3 . of the United Kingdom in many ways...... radical proposals for electoral reform..... and European elections. Some of its members become 2 .... The Government is putting ... its Select Committee on the European Communities significantly eases the burden of the 7 .. equivalent........ Translate into Romanian: In the United Kingdom....... If the ‘equal value’ principle is to be strictly complied with..................... The Green Party hopes to put ..... In local.... 6............... The electorate put the Labour .... 10....... with an increased majority.................................... a government with a large and/or well-whipped 10 .. some sort of check and balance to the lower House.. a number of candidates in the general election.... However this does not necessarily mean that all votes count for exactly the same amount.. one person is entitled to only one vote in any election. a censure motion on the Government’s handling of the affair..... number of voters.. the United Kingdom is divided up into singlemember constituency seats.... Its very existence 5 .... provides a chamber in which to debate public 4 ............ in a freer... Most importantly. 5. some radical social reforms........ which may be completely dominated 9 .............................3...... ... it 8 ...... Fill in the blanks in the following passage with an appropriate term from the list below: majority Commons instance ministers governing policy lightens by it provides
The House of Lords contributes to the 1 ..1............. 8.3. union members........
C.... of the Government... 9..... .................. They claim to put the nation’s welfare ......... This afternoon’s meeting will have to be put .............3....... or at least roughly the same. The question of strike actions must be put ....... For 6 .... national..... the work-load of the Commons...
. 4..... The MP has put ........................ 7.... less party-political atmosphere.... all other considerations......
Scotland. whereby they elect a larger number of MPs than their population would be entitled to if strict proportionality were observed. Translate into English: Art. 80 per cent of the British population lives in England. 4 alin (1). and Northern Ireland. Greater London is also overrepresented. Art. However. a vote in Scotland and Wales is worth more than a vote in England. se bucură de exerci iul drepturilor electorale. cu excep ia celei de deputat sau de senator. Constituency seats contain relatively equal populations in England. prevăzu i în lista Guvernului prezentată Parlamentului pentru acordarea votului de încredere. it is possible that the Celtic preference can be justified as constituting a permissable form of affirmative action. nu au suferit condamnări penale şi nu se găsesc în unul dintre cazurile de incompatibilitate prevăzute la art. Thus. . – Pot fi membri ai Guvernului persoanele care au numai cetă enia română şi domiciliul în ară.2. The International Covenant on Civil and Political Rights and UK Law C. cu însărcinări speciale pe lângă primul-ministru. cu excep ia acelor func ii prevăzute în acordurile şi conven iile la care România este parte. 22
. (2) Din Guvern pot face parte şi miniştri-delega i.(1) Func ia de membru al Guvernului este incompatibilă cu: a) exercitarea altei func ii publice de autoritate. With such a huge majority. e) exercitarea unei func ii publice în serviciul unei organiza ii străine. one each for England. make recommendations for boundary changes to the Home Secretary every ten to fifteen years. voters in Scotland and Wales benefit from a ‘Celtic preference’. companiilor na ionale şi societă ilor na ionale. – (1) Guvernul este alcătuit din primul-ministru şi miniştri.The Speaker’s Conference and the Boundary Commissions may make recommendations for equitable constituency boundary changes to reflect population changes. 3. it is not hard to see the danger of Scottish and Welsh interests being continuously overridden by those of the English. b) exercitarea unei func ii de reprezentare profesională salarizată în cadrul organiza iilor cu scop comercial. d) exercitarea func iei de administrator ori de cenzor la societă ile comerciale sau de reprezentant al statului în adunările generale ale unor asemenea societă i ori de membru al consiliilor de administra ie ale regiilor autonome. which should largely influence the electoral map at the next election. c) exercitarea de acte de comer . Speaker’s Conferences are convened on an ad hoc basis. 2. David Harris. Sarah Joseph. Hence. Only Parliament may actually effect boundary changes. recommending that the number of seats in London be cut to take account of the population drift from the capital. The English Boundary Commission issued a provisional report for boundary changes. while the four permanent Boundary Commissions. as the Boundary Commission’s rules expressly provide an obligation to observe London Borough boundaries. cu excep ia vânzării sau cumpărării de ac iuni ori alte titluri de valoare. Over-representation in the capital cannot be excused as affirmative action. Art. 4. Wales.
la propunerea primului-ministru. – (1) În cazul în care încetarea calită ii de membru al Guvernului intervine ca urmare a demisiei. a pierderii drepturilor electorale. 8. care va dispune măsurile necesare pentru încetarea acesteia. Art. la propunerea primului-ministru. – (1) Revocarea din func ia de membru al Guvernului se face de Preşedintele României. ia act de aceasta şi declară vacantă func ia de membru al Guvernului. dar nu mai tărziu de 15 zile de la data depunerii.’ John Ruskin. a pierderii drepturilor electorale. anarchy and competition the laws of death. a stării de incompatibilitate. prin decret. (2) Revocarea are loc în caz de remaniere guvernamentală. – Func ia de membru al Guvernului încetează în urma demisiei. (2). O’Sullivan
. 6. 5. în tot sau în parte. Art. Art.’ John L. Preşedintele României. la propunerea primului-ministru.’ Edmund Burke ‘The best government is the one that governs least.(2) Constatarea starii de incompatibilitate se face de primul-ministru. a incompatibilită ii. a decesului şi a demiterii în condi iile prevăzute la art. printr-o hotărâre judecătorească irevocabilă. el este demis de Preşedintele României. (5) În cazul în care un membru al Guvernului a fost condamnat penal printr-o hotărâre judecătorească definitivă sau averea sa a fost declarată. a decesului şi în alte situa ii prevăzute de lege. se prezintă în scris primului-ministru şi devine irevocabilă din momentul în care s-a luat act de depunerea ei. Unto This Last ‘Government is a contrivance of human wisdom to provide for human wants. Legea nr. 7. – Demisia din func ia de membru al Guvernului se anun ă public. 90/2001 privind organizarea şi func ionarea Guvernului României şi a ministerelor
Comment on :
‘Government and co-operation are in all things the laws of life. ca fiind dobândită în mod ilicit. Men have a right that these wants should be provided for by this wisdom. Art. a revocării. 8 alin.
there is also a right to fair procedures. and. the imposition of a penalty. or it may derive from the relations of power between the community and each citizen. moreover. or. control over the distribuion of goods and resources. is that the state’s powers and control will be used fairly with respect to each citizen. In these cases. Each situation must be examined to see precisely how a person is affected and how society views the consequences. To put the matter at its simplest.UNIT 3
THE RIGHT TO FAIR TREATMENT
Who is Entitled to Fair Procedures?
Fair procedures follow fair treatment. It might be the denial of a benefit. there is an entitlement to be treated fairly. a person is entitled to the neccessary procedures. or the loss of some advantage. possibly disadvantageous to his interests. That itself can be problematical since there may be no clear consensus: for example. or it can arise from social status. a suspect is taken just one step closer to a final outcome. I may be a member of a group all the members of which are affected by a decision or process. the person affected is the direct subject of the decision or process. as in the case of the parent–child relationship. where A agrees with B to do Y. is an interest group such as those dedicated to the protection of children. but nevertheless real. The last of these is marked by the state having power and control: power to impose penalties and disadvantages. the same consequences may be viewed very differently by those who suffer them compared with the community at large. that is. One such understanding. bound to be cases of difficulty. but that need not be the case: I may be put at a disadvantage by a decision granting planning permission to my neighbbour: similary. strongly held but conflicting views are likely to be expressed on whether an alien seeking admission to the country is owed a duty of fair treatment. Questions of fair treatment usually arise within a relationship where one party is able to affect the other in a significant way. In other cases. There are many ways in which a person can be affected tangibly by the actions of officials. cats. In order to be treated according to those standards. treated as he is entitled to be treated as expressed in authoritative legal standards. after an investigation and report. which is fundamental to the relationship. others indirect and less obvious. so that whenever there is a right to fair treatment by legal authorities. according to fair procedures. The relationship may be contractual. and in that sense the right to fair procedures follows the right to fair treatment. There are. as is the case of an arrest or prosecution. whenever a person is involved with the state through its agencies. The concept of fairness in turn means that each person will be given his due. therefore. The relationship between citizen and state is governed by implicit normative understandings shared by the members of the community. some direct and obvious. The practical expression of these ideas is that the duty to provide fair procedures comes into play whenever a person is affected by an administrative process. Other cases may be less direct and final. one’s reputation might be tarnished. or ancient
there are also practical disadvantages. rights to procedural fairness are sometimes amply
. Once the duty of fair treatment comes into effect. such restrictions may be hard to justify. or is it just the representatives of those whose interests are affected? When one moves from these general questions of political morality to legal processes. all offer a wider and more diffuse conception of interests than is easily translated into law. that in turn is another way of saying that the person is owed a duty of fair treatment. The law tends to ask not just whether a person is affected by a legal process in a general way. it is necessary not only to make out an interest in life. Another consequence is that the legal recognition of what constitutes a significant interest is likely to lag behind the views of the wider community. but whether certain definable interests are in issue. English law is then brought squarely within the general principle of fair treatment and it is not normally difficult to determine whether a person is so affected. Other factors besides the interest affected have weighed in the decision whether or not in a given context a duty of procedural fairness was owed.monuments. interests in being able to pursue oportunities. this can be taken to mean that a duty is owed to anyone affected in a significant way by an official’s decision or action. The need for a filter against any old claim being made is obvious but the cost often is an unduly norrow version of what interests ought to attract procedural protection. liberty or property. recent history and practice have shown its application to be uneven. applying only when the interests are the subject of criminal proceedings or constitute civil rights. At the level of principle. This has been taken to mean that. English law has its own restrictions on the kinds of interests warranting procedural protection. using the term in its widest sense of personal well-being. liberty or property. The American doctrine of due process limits interests to life. Although a general principle along these lines is now established in English law. A familiar criticism of the American doctrine of due process is that certain interests generally considered important do not qualify for due process. It is often said by the highest courts that in English law any official who decides anything has a duty to act fairly and in particular to listen to both sides. Apart from that general point of pinciple. since anyone who is affected by a legal decision has a right that it be made properly according to the law. it brings with it the duty to follow fair procedures. The range of interests attracting procedural fairness under the European Convention on Human Rights is even narrower. in order to attract due process. Since duties of fairness are not owed in the abstract. Another is that some interests valued by the community are likely to be excluded. but also to show an entitlement to it under the Constitution or pursuant to state or federal law. Interests in welfare. it is usual to find that the range of interests and consequenses witch attract a right to fair procedures is norrowed. interests in personal liberty in its many forms. One is the waste of time and resourses in deciding whether an interest is potected or not. Any legal test based on a limited range of interests has certain disadvantages. owed a duty of fair treatment. and fair treatment requires fair procedures. A review of statutes over the last several years does not reveal a clear or consistent pattern.
Due Process and Fair Procedures.’ Wendell Wilkie. What is the weak point of the American doctrine of due process? 8. D. How can a person be affected by an administrative process? 5. An American Programme A. Even in the courts. at another time to decisions where legal rights were affected. article 1 ‘The Constitution does not provide for first and second class citizens. approaches have been less than consistent.1. What counts as an interest can be problematical. Both restrictions have now been replaced by the idea that the duty to act fairly applies whenever interests are at stake. Does the European Convention on Human Rights offer procedural protection? 7.3.1.’ The Universal Declaration of Human Rights.2. J.conferred. Reading Comprehension Answer the following questions: 1. Modal Verbs MAY
. When do questions of fair treatment usually arise? 2. Talking Point Enlarge upon: ‘All human beings are born free and equal in dignity and rights. The general duty to act fairly was at one time restricted to administrative processes of a judicial nature.3. What governs the relationship between citizen and state? 3. at other times no provision is made at all. What does the concept of ‘fairness’ mean? 4. What does the American doctrine of due process focus on? 6. Much is left to administrative practice. where decisions are important in setting general standards. When does the duty to act fairly apply? A. What is the duty of any official who has power of decision? 9. Galligan A. Language Focus A. What do the English Statutes reveal about the rights to procedural fairness? 10. but we do not know enough about what happens across the range of processes to draw any conclusions. but the tendency has been to broaden the concept beyond economic and property interests to interests to include interests in liberty and welfare.
.. me a postcard while you are on holiday. (reach) 5... difficult..... .. 4. (be) 9.. to delays. If he does...... May or might? Fill in the blanks with the appropriate verbal form: 1.. in offers May I offer you a cup of tea? 7. in the reference books listed at the beginning of this book.. 6....... in requests You might bring these back to the library... to express possibility We may choose another leader next year........... 3.. Use 1...... to the patient for just a few minutes.. 5.......I may be put at a disadvantage by a decision granting planning permission to my neighbour. I wonder if I might use your phone for a few minutes.. me you weren’t coming...... A fuller description ........ to express permission Candidates may bring dictionaries into the examination room... (find) 2... in suggestions You might try asking him for help. . in critical remarks She might have told us that she was going to be late......... ...... The nurse said we ...... to advise you better than I can... (be able to) 4.. He ... tell him that everything is settled............. children are allowed to do what they like. it is used when one thinks something is possible but not very likely 2. 8..might suggests a smaller chance. but it loses a lot of petrol.. Ask your bank manager... The work .. You ............. in wishes and hopes May you both be very happy..... (subject) 3...... (speak) 6.. Peter might phone. The two parties ...... in concessive sentences It may be a comfortable car............. you have a brilliant career in administration! (have)
. Owing to the strike.. but at least it was interesting.... You .. (send) 7............. (tell) 8.....sometimes permission is expressed by be allowed to These days...... trains .. an agreement if they had been prepared to be more flexible.
. Indeed... to deal with people according to the 2 ............. the danger. In the last few days there have been riots all round the .. John was declared not responsible for the criminal acts with which he .. 10.. of
................ 7. Most of the work he did in the army could have been done by a ......... (come by) A....... give him these materials..... centre........... are by no means insensitive to the dangers of one-party rule............................... 9....... in any society purporting to be just... ....... civil.......... civic... Almost every western .... to crimes they have not committed. Choose the appropriate word and complete each of the following statements: accuse..... treatment in a real and significant sense. admit ...... confess 3.. 6... They . A society which could genuinely claim that its people are treated fairly in that sense would be both commendable and 4 . of theft......... nation... civilian 5.................. country... ......... 4.. If he does......3....... administration.........2.....3..... Again the manufacturers.. They have their own regional systems of military and ... A.. ... The peoples of the new . 2. . The City Council announced plans to build a 100 million dollar .............................. has had its era of revolution or civil war..... The even-handed application of the law is not the final 5 . wrongfully ... My neighbours were in great distress because they ................... expectations created by law is to accord them 3 ......... state 8..10................... employers and government were reluctant to ........... charge 1.... Fill in the blanks in the following text with an appropriate term from the list below: rare element relationship duties yardstick upholding dealings undertaking so normative fair entitlements
The sense of fair treatment in dealing with people according to the law is an important and indispensable 1 ......... ... Confusable words.........3....... George .......
... 5.................. draw to a close draw a distinction draw lots draw the line at draw oneself up to one’s full height
1.......... A............... 3.... Complete each of the following statements with a suitable phrase......... but it is a major achievement in the life of a society... 9......... . 6......... thereby created.. in the 10 ..... ... should treat each other in accordance with those normative expectations.... Choose from: draw a veil over draw a blank draw a parallel draw sth’s teeth draw (sb’s) attention to sth..... I propose to .........3.. You have to .. and only indirectly in their substantive content..... before it becomes law.......
.. of normative standards and expectations..... between English and German law? 4.....just treatment................ I can’t go on lending you money................ is easily seen........ somewhere. about how some of the most important matters in a society will be dealt with and... like any serious undertaking solemnly made........4.... 7...... by the singing of the national anthem.......... Fairness consists directly in the 12 ........ The ceremony ....... with the rights and 11 . 8. Can you . has . Word Focus DRAW We do not know enough about what happens across the range of processes to draw any conclusions...... ........... They ..... I tried looking him up in the directory but I .............. between written and unwritten law... making all the necessary changes...... ......... an error in the report... the appalling events that followed. Fair and just treatment in a range of every day contexts means no more than that two parties.. The standards of law are public declarations of the rules governing the 7 .......... between them...... they create rights and carry with them 9 ............... between citizen and state.. 2. Critics fear the bill will ... for the right to go first..................... The manager . Why this should be 6 ....................... ‘Never!’ she replied.................... they constitute an 8 ........ .. 10....
’ ‘We believe it is unjust and unfair to litigants.000 it is £1.000 the new fee is £1.000 trial fee. landlord and tenant disputes.700 just to register a claim of more than £300. which lawyers say will act as a huge deterrent to going to court. In Germany a similar case would cost £2. and commercial or consumer disputes will reduce access to justice and force some people out of the court system entirely. people will have to settle for ‘derisory’ damages because defendants will know that they cannot afford to bring proceedings. Adrian Jack. the association says.000 it is £900.000. The figures showed that fees for bringing claims of more than £50. a £200 setting–down fee. Frances Gibb writes.100. it will cost £1. In some cases. and for one of more than £200.150 per cent.000 by 2. because insurers would not want to take on the increased financial risk of insuring a case of which the outcome is uncertain.000 it is £1.000 have risen by 900 per cent since 1980.000 and £100. In an article in the New Law Journal he said that a case involving a claim for £100. which lawyers say will close the courts to all but the wealthy. Massive fees are to be charged from next month to people bringing or defending civil claims.000 by 1.
. questioned the increase. to fund – via fees and cost recovery – a civil court service which is meant to operate for the public good.000 in the High Court would cost £6. The new fee for a money claim of more than £50. and a £5. Mr Ettinger added that the fee rises would lead to less justice for many.Section B
Higher Legal Fees to Deter All but Wealthy
Court costs will soon be so expensive that claimants who do not have the funds will suffer.000. For claims more than £250. saying that increases need to be considered carefully because of the implication for acces to justice. From January. criticized the rises.000 is £700. Colin Ettinger.300. especially those suffering from a personal injury. People will also be charged controversial ‘hourly trial fees’ from next April in the High Court and Court of Appeal of up to £200. president of the association.000 and £150.150 per cent for claims of more than £300. and by 4.300. those of between £50. The massive increases for disputes that cover divorce-related matters. for one of more than £150. for a claim of more than £100. The Court Service should be a resource provided by the state and fully funded by taxation. The biggest rise was for the higher claims: fees have risen by 3.500.000 and £300. the costs of bringing or defending civil claims have risen by between 900 per cent and 4. fees are being increased by 150 per cent and over five years the rise will be as much as 325 per cent.650 per cent for claims of between £250. and those of between £100.650 per cent.150 per cent. Data gathered by the Association of Personal Injury Lawyers shows that over 24 years. Instead.’ He said that the Court Service is a monopoly supplier and that claimants ‘have no alternative but to use the courts if they are unable to get justice from the negligent party who caused their injury’.000. a barrister in London.100: a £900 issue fee. ‘Court fees are the new stealth tax.
Special measures will be taken to protect the vulnerable. at a time when many businesses are already struggling to afford this compulsory insurance cover. The Times. The proposed increases are little other than a stealth tax. 3. and money and rest and friends.He said: ‘Litigants pay more than a fair fee for their constitutional right of access to the courts. 3. Claimants have other alternatives to using the courts.’ Christopher Leslie. 2. Law is a bottomless pit. said: ‘These fee increases will add further to the costs of employer liability insurance premiums. the costs of bringing or defending civil claims have risen by between 900 per cent and 4. 5. Mr Leslie said: ‘Of the total money claims issued. Others who suffer hardship would benefit from reduced fees. A lawyer’s opinion is worth nothing unless paid for. He added that. The massive increases will reduce access to justice.100. B. 9. Minister for Constitutional Affairs. Litigants pay a fair fee for their constitutional right of access to the courts. to protect the vulnerable.000 in value’. said that the new higher fees for bigger claims reflected ‘the more complex and costly work needed for High Court cases’ but that this would not affect the vast majority of civil court users. and that people on means-tested benefits would still be exempt from fees. Talking Point Enlarge upon one of the following sayings: 1. a solicitor with Reynolds Porter Chamberlain. 000 will cost £6. 2004 B. December 7. 6. 83 per cent do not exceed £50. 10. The new higher fees will affect the vast majority of civil court users. The Court Service is abusing its monopoly status . Reading comprehension Are the following statements true or false? 1. 4. 7. 8.’ Duncan Harman-Wilson. there were no plans to raise family proceedings fees to the level of actual court costs. The Court Service is a resource provided by the state. A case involving a claim for £100. The Court Service is abusing its monopoly status. 2.
.150 per cent. People will be charged hourly trial fees in the High Court and Court of Appeal of up to £200.2. Lawsuits consume time.1. Over 24 years.
.1........... We were simply taken .... Agree. 6. you at all..2.... by the opposition.. if customers can produce the receipt.. 5.. We only take goods .. Your daughter doesn’t take after ..3............. These books must not be taken ............ 5..... Phrasal Verbs TAKE Insurers will not want to take on the increased financial risk of insuring a case of which the outcome is uncertain... One suit of law breeds twenty.. Win your lawsuit and lose your money...... Why have you suddenly taken ......... him? 4......... B. by his rudeness......... noun(s) or adjective(s) where appropriate: Noun deterrent controversial settle alternative commercial provide implication financial exceed liability B. Complete the following table with the corresponding verb(s).3.... Fill in the blanks with the appropriate item.4...... I was taken ......
..... 3.. Choose from the list: after away against off before in aback apart back up out down Verb Adjective
1.. for the law is costly.. Language Focus B.... from the library. 6.. 2....3......
............... and used as evidence against you. standards which create in those to whom they apply normative expectations. to have plenty of brief 7.. 10.... 12... to get a fair hearing 6.. But while there is a natural association between rules and normative expectations.......... He takes .. Anything you say may be taken .. but has a binding and obligatory character........... An expectation...3. so that to thwart the expectation would be a breach of obligation...... to find against the plaintiff/defendant 5.... The simplest and most common basis for normative expectations are rules.. to bring proceedings against 3.. the Prime Minister to perfection. to register a claim 2..... 11.....3..... on what you said about unemployment... the headmaster and made to confess... Normative 33
. The police have taken ... prediction or wishful thinking... to bring to trial 4............. I’d like to take you .. to lay a claim on 9..7.. Translate into Romanian: If the idea of dues and entitlements is central to the concept of fair treatment.. that is to say.... which is not just hope.. 8.. and therefore between rules and fair treatment.. to press/push one’s suit
C. 9. to make default 10.. legal rules but not only legal rules since any set of rules may be the basis of obligation and entitlement. Her lecture took ......1. to hear the case 8.. Give the Romanian equivalents for each of the following phrases and use them in contexts of your own: 1. B..... all the recent developments in the subject. where do such dues and entitlements come from? The answer is that they are created within a context of authoritative standards.... He was taken . it would be wrong to think that only rules create normative expectations... a summons against the drivers of both cars involved in the accident..
but it is not the only one. and in turn dues and entitlements. Egalitatea în drepturi Articolul 16 (1) Cetă enii sunt egali în fa a legii şi a autorită ilor publice. each will be treated according to law. în condi iile legii. The law is one set of standards. we must move to a different level of discourse and understanding: we must then focus on the relationship between a society and each of its members and ask what are the normative understandings governing that relatioship. even actions and intentions. civile sau militare. when the occasion arises. subject to certain qualifications. de limbă. (3) Func iile şi demnită ile publice. is that. the most fundamental of which is that a person will be dealt with in accordance with those standards. de avere sau de origine socială. Reflection on law as a set of normative standards reveals a number of important points about dues. de religie. de apartenen ă politică. The law is one formal and important network of such standards. entitlements. Translate into English: Unitatea poporului şi egalitatea între cetă eni Articolul 4 (1) Statul are ca fundament unitatea poporului român şi solidaritatea cetă enilor săi. If the notion of an understanding is not quite strong enough to support such a mighty edifice.2. spring from many sources: from promises and undertakings. do not depend on the immediacy of a one-to-one relatioship or an undertaking of an express kind. prior to the law. de opinie. commitments and understandings. Statul român
. Galligan C. pot fi ocupate. it is enough to point to the law as providing standards of treatment without reference to anything further. (2) România este patria comună şi indivizibilă a tuturor cetă enilor săi. they may have a communal basis and derive from longer term understandings and assumptions prevailing within a community. Each society naturally develops a whole range of principles about how people should deal with each other and how each should be dealt with by the state. (2) Nimeni nu este mai presus de lege. de origine etnică. D. the normative basis of which is the more fundamental principle that people will be treated according to law. J. The standards of law give rise to normative expectations. de persoanele care au cetă enia română şi domiciliul în ară. That expectation must itself originate outside the law. fără deosebire de rasă. and fair treatment. One basic understanding. Due Process and Fair Procedures.expectations. Normative expectations. to the effect that peple will be dealt with in a certain way. de sex. de na ionalitate. fără privilegii şi fără discriminări. moreover. for the bindingness of law stems from a social principle. since it is taken for granted that the law will be or at least should be applied. If we want to know why that is the case and how it comes about. then let it be put in the stronger normative terms of an implicit promise or undertaking society gives to its members that. In day-to-day affairs. The very idea of a community depends on a high level of settled standards about how people will be dealt with and what dues and entitlements they may expect. individual persons will be treated in accordance with the law. but not the only one.
cetă enii Uniunii care îndeplinesc cerin ele legii organice au dreptul de a alege şi de a fi aleşi în autorită ile administra iei publice locale./ Then no one is anybody. Gilbert ‘Equality is the soul of liberty.’ Antoine Nicolas de Candorcet
. a libertă ilor şi a intereselor sale legitime. Accesul liber la justi ie Articolul 21 (1) Orice persoană se poate adresa justi iei pentru apărarea drepturilor.garantează egalitatea de şanse între femei şi bărba i pentru ocuparea acestor func ii şi demnită i. anularea actului şi repararea pagubei.’ Frances Wright ‘Either none of mankind possesses genuine rights. no liberty without it. Dreptul persoanei vătămate de o autoritate publică Articolul 52 (1) Persoana vătămată într-un drept al său ori într-un interes legitim. whoever votes against another’s rights. or everyone shares them equally. de o autoritate publică. forswears his own. (4) În condi iile aderării României la Uniunea Europeană. Constitu ia României 2003
‘When everyone is somebody. (3) Statul răspunde patrimonial pentru prejudiciile cauzate prin erorile judiciare. colour or sex. whatever his religion.’ W. there is in fact. Răspunderea statului este stabilită în condi iile legii şi nu înlătură răspunderea magistra ilor care şi-au exercitat func ia cu rea-credin ă sau gravă neglijen ă. este îndreptă ită să ob ină recunoaşterea dreptului pretins sau a interesului legitim. printr-un act administrativ sau prin nesolu ionarea în termenul legal al unei cereri . S. (2) Nici o lege nu poate îngrădi exercitarea acestui drept. (2) Condi iile şi limitele exercitării acestui drept se stabilesc prin lege organică. (3) Păr ile au dreptul la un proces echitabil şi la solu ionarea cauzelor într-un termen rezonabil (4) Jurisdic iile speciale administrative sunt facultative şi gratuite.
while allowing that ultimately they may be overridden by wider notions of public interest. the right balance between the public interest and regard for the individual person is likely also to be variable. In the parole case. We now have a clear thread running between basic. But how does it help the prisoner seeking parole. 36
. and the likely risk he would pose to the public. But while a sense of public interest may prevail. whether to grant parole for example.UNIT 4
THE RIGHT TO CONSIDERATION
Revealing the Concept
Every person has a right to be treated in a way that is non-arbitrary. or the objectors to the motorway? What is necessary in such cases to satisfy the right to consideration and so to avoid treating the person unfairly? The answers to such questions are unlikely to be clear or simple. and the decision as to which route a motorway should follow. the parole agency should inquire closely into the facts about the prisoner’s case. The sentiment is noble: each person should count and administrators are never justified in simply ignoring the interests of those affected. The standards in turn generate rights to appropriate procedures. it is reasonable to expect close attention to be paid to the situation of the prisoner. The principle may be called the principle of consideration. In making the motorway decision. The principle of consideration in turn generates a right to consideration. finally. and the interests that may be affected are diverse. suggesting that the interests of those affected must be taken into account. since the range of administrative decisions is variable. the decision might be made to deny parole because of the need to protect the public. The right to consideration in discretionary decisions might be compelling in principle but seems hopelessly vague in practical application. it does so only after proper account is taken of the interests affected. while that moral right provides the case for a legal right to certain sandards of fair treatment governing the exercise of discretion. but it shows that the interests of persons are an element of the public interest and should be taken seriously. It is then a short step to a normative principle which takes account of that vulnerability and justifies minimum standards of protection. Arbitrariness is an elusive concept. property. The principle of consideration guarantees no result. Individual persons are very much affected by discretionary decisions where the wider public interest is the main concern. The principle insists on the official responding to those interests while retaining the decision as to the course of action finally to be followed. his record in prison. moral and legal rights: the basic right to be treated with respect as a person justifies a moral right to consideration in the affairs of government. and the fact that some of the most fundamental interests in liberty. the applicant for a licence. But in order for the decision to be justifiable. and status are vulnerable to administrative action is a sound basis for restraint in pursuit of the public interest. This can be ilustrated by contrasting an individualized decision. even though. on the other hand. livelihood. but it does convey an idea of what is important in the relationship between citizen and state: the individual with his interests and concerns in some sense counts in the deliberations of the discretionary decision–maker.
with each giving some guidance as to how powers are to be used. that his interests and situation must be taken into account. a policy decision can be purposive. the idea that the prisoner must be treated with respect. It might be enough. but also takes proper account of the particular case. and with each placing some restrictions on what is permissible. What constitutes purpose and what satisfies reason have a sharper focus. If they were to decide that in the interests of public protection. which not only advances purposes rationally and reasonably. It can be seen from these examples that precisely what is required by the right to consideration has to be worked out in different contexts. and to respond to others. A new dimension is added: it is itself open and indeterminate. However. the product of reflection and reasoned judgement. Administrative powers should be exercised for the purposes stated in or capable of being extrapolated from the statute. Now suppose that we insert the principle of consideration. The right to consideration in turn justifies rights to procedures. These notions are the foundations of judicial review of discretionary authority. The grounds of justification have now changed so that a decision will be justifiable only if it adopts a conception of the public interest. interests and factors are involved and.many people. Take purpose and rationality in relation to parole: the governing statute is unlikely to provide much guidance beyond specifying very general policy goals. that some of them are irreconcilable. The right to consideration adds to policy decisions a value witch must be respected in decision-making. reasonable. decisions of the parole authorities might pursue those goals in ways which are rational and purposive and yet pay scant attention to the situation of the prisoner. Some content can be derived from intermediate standards like purposiveness. but that the outcome is itself reasonable. while all must be considered. and that finally a course has been settled which is rational. but the practical standards needed to ensure respect for it vary according to the context. and being provided with an explanation and justification for the
. since they must now include a concern for the specific circumstances of the prisoner. rationality. the principle of consideration in respect of any one person or interest would demand less. standards like these go only a short way towards protecting the person affected. in justifying the decision. it would be difficult to argue that such an approach is beyond purposes or inherently irrational. all prisoners whose estimated risk of reconviction is more than ten per cent should be denied prole. at the same time. having an opportunity to make one’s case. rational. and even reasonable without ensuring the required level of consideration of the person. suggesting that not only are all the relevant matters to be taken into account. they should be used rationally in the sense that decisions are intelligible applications of purposes and. They will normally include familiar procedural forms: knowing the issues to be decided and where possible the criteria to be applied. taking account of the nature and purpose of the power and of the range and importance of the interests affected. the procedures being those necessary to ensure proper consideration in the discretionary process. meet the ordinary canons of reasoning. The value remains constant across different decisions. to address the issues. and reasonableness. and in good faith. but there is now an additional matter which is required expressly to be put in the balance. Powers should be used rationally and reasonably. to show that the many claims and arguments put forward have been looked at.
.. Sufficient steps may have been taken at an earlier stage to ensure adequate consideration of those affected.. taking the policy process as a whole........ The right to consideration does not necessarily mean that all or any of these particular procedures are to be followed... 2.. Finally... policy-making functions of the administrative state. but it goes beyond them and constitutes a dynamic principle of fair treatment......... Participation will normally be a part of the right. the interests of groups and individuals are properly considered. There is a central and irreducible principle that...... This right to consideration of course has to be interpreted in each context. policy making context. .......... Reading Comprehension Complete the following statements: 1... the interests.... principles of consistency and non discrimination being examples... The same applies to other procedures. and concerns of individual and groups should be taken into account in making a decision.. According to the principle of selective representation it is necessary to ensure only that...The right to consideration can be seen at work in notions of nonarbitrariness. the justification for each is that it is instrumental to the principle of consideration. the right to consideration is not the only right in the discretionary... circumstances......... ................ 4. with the result that no special procedures are needed at the administrative level..... 5.....J.............. There may be other standards of fair treatment which ground other rights. Views may differ about the precise terms of the relationship and therefore about the normative standards governing it.... purposiveness... . for example the right to consideration does not necessary include the power to participate.... The individual with his interests and concerns counts in the deliberations of the .......1... ...final decision. in the discretionary.. are never justified in ignoring the interests of those affected. Galligan A... . Due Process anf Fair Procedures. 3. The basis for those values and the standards based on them is a moral view about the relationship between the citizens and the state... but it is morally compelling in the sense that it should be included in any set of acceptable principles governing the citizen-state relationship...
. D. the starting point in developing the right to consideration was the recognition that important values about the treatment of persons apply to discretionary decision making even where the overriding concern is the public interest.. but participation is an instrument to proper consideration and whether it is needed in a given context will depend on the context... The basic right to be treated with respect as a person justifies ... To conclude...... The principle of consideration generates . and reasonableness............ The interests of persons are an element of the .. The right to consideration in turn generates and justifies suitable procedural rights. The principle of consideration can be satisfied in a number of ways at a number of points in the regulatory process......
. Strong obligation – must and have (got) to You must write the essay today....3. but only in relation to the obligation to which it corresponds ...2.......... A right which goes unrecognised by anybody. The principle of selective representation states that ... is not worth very much........... ... 9...... L’Enracinement A.... Language Focus A... 7.... necessity and obligation Students must be monitored carefully if they are to get good results..... 3...have to to express obligation is much more widely used... This right should be included in any set of acceptable principles governing ...’ Simone Weil..... Talking Point Enlarge upon: ‘A right is not effectual by itself... An obligation which goes unrecognised by anybody loses none of the full force of its existence. as it has all the forms of a verb that must does not have Past: I had to get up at 6 am to go to the faculty............. then A must be bigger than C........ 2... 8.... The right to consideration has .......must refers to the authority of the speaker........... The right balance between the public interest and regard for the individual is .... ... A..6. 10.. You must be here before 8 am tomorrow.... or to obligation generally ... Modal Verbs MUST The right to consideration adds to policy decisions a value which must be respected in decision making. The procedures are necessary to ensure proper consideration . Must is a modal auxiliary verb used to express: 1... have to refers to the authority of another person......1.. .. .........3. prohibition You mustn’t open this parcel until you get home.............. You have to wear a gown in court.. in each context. certainty If A is bigger than B..
... don’t you? .. and B is bigger than C...
4. 3. sound 4. discretionary 3.they are used to give advice and to make suggestions: You ought to learn to relax. elusive 2. compelling 7.don’t have to expresses external authority We don’t have to type our essays but we have to write legiblly. that one must accept
.2. reasonable 8. You have been given the task to organize a publicity compaign for a newspaper written by students. having power b. difficult to understand e. appropriate 6. Choose one of the following situations and write a short dialogue using the verbal forms corresponding to the various degrees of obligation: 1. . .Present Perfect: I’ve had to carry out a lot of experiments for the past ten years. according to the rules c. purposive 3 4 5 7 8 9 10
a. logical d. based on reason h. You have been asked to monitor the activity of a group of students for a week.need not: the speaker gives permission for an action not to be performed or sometimes merely states that an action is not necessary. useful f. proper 5. Mild obligation – should and ought to . You have taken the opportunity to become an election observer in the coming local elections. A.have got to also exists in British English to express strong obligation Have you got to fly? The train journey is much more fun. more important than any other considerations g. Match the words below to their explanations using the following grid: 1 2 1. Absence of obligation: need not and don’t have to . 2. One will do. You have been invited to hold a speech at a conference focusing on the right to consideration. You should not work too hard. it expresses the speaker’s authority or advice: You need’t make two copies.3.
.. to put in the balance 10.............................. to pursue goals 9... Collectivised decisions can in turn be divided into two 6 ..
..... to pose a risk to 4........ hardly enough j.....3. Fill each of the numbered blanks in the passage with one suitable word: Inddividualised decisions are about 1 ...4......... the issue might 8 ... in the other policies have to be settled 12 .....9.... to solve a specific problem..... .. suitable
A. .. be taken too strictly...... the purpose of rule-making.. or it might be to draw 9 ..... is that general policy is made on an issue of collective interest...... . overriding
i............... to go a short way towards 8. to take into account 2.... whether to build another airport....... scant 10............... 11 ...... The common 10 ....... to put forward 5.... to make one’s case 11. to see at work A........ since cases may occur which involve elements of 5 .. a course of action to be taken in the public interest where a range of people and interests are 3 ..... while collectivized decisions are 2 ......... In general.............. one person or perhaps a few people should be treated............ Explain the following phrases and use them in contexts of your own: 1.. to place restrictions on 6.. rules for general application to individualised cases in the future.. to meet the canons of 7..... The distinction should 4 ..... collectivized decisions allow substantial discretion and affect a 7 ..... of parties and interests.............3.. to grant parole 3....3........ to take steps 12...... The differences are that one case relates to a specific issue...
saying that a merger would be a huge mistake when racial issues – ranging from asylum and immigration to ‘Islamophobia’– are at the top of the political agenda. in adddition to human rights and equality. Ms Hewitt’s announcement today is expected to promise that the new commission will have enhanced rights to prosecute cases of discrimination and demand evidence from witnesses in inquiries. Trevor Phillips. Race. disability. is expected to promise stronger powers for the body. Gender. Next week’s Queen’s Speech will include proposed legislation to create an equality and human rights commission covering race. was also worried that subsuming his organisation into a new body combined with the Equal Opportunities Commission and Disability Rights Comission could undermine a £4 million a year community relations programme. the director of the CRE. said that the Government’s pledge to give public-sector bodies a duty to promote equality for women and men would be the most significant change in sex equality law in 30 years. Although the CRE could yet be given a longer period before it must join the commission. It would have an annual budget of £50 million and is strongly supported by business leaders who complain that firms are increasingly entagled in red tape from myriad antidiscrimination organisations. guarantees on funding for community relations. the concessions are likely to be welcomed as a sign that the Government has listened to justifiable objections. the chairman of the Equal Oportunities Commision. It is understood that a round of intense negotiations this autumn have resolved most of these issues. When plans for the commission were announced in May Britain’s largest civil service union. The union expressed concern about the resourcing of the new body. as one of its core objectives. the Trade Secretary. 2004
. Age and Disability
Key concessions will be announced by ministers today in an attempt to end a bitter row with race relations chiefs over plans for merging them into a new anti-discrimination super quango. the Public and Commercial Services Union said that the Government had missed an opportunity. But Julie Mellor. Tony Blair used his party conference speech to promise legislation for outlawing all forms of religious hatred. Patricia Hewitt. The Times. and reforms of blasphemy laws to ensure that they ban all forms of religion hatred. November 18. gender. She will also seek to appease the CRE by saying that the merged super commission will include community relations. Tom Baldwin.Section B
All for Religion. saying that the Government planned funding cuts of up to 13 per cent to existing equality bodies. The Commission for Racial Equality opposed the proposals. age and religion.
The Queen’s Speech will include proposed legislation to improve the equality and human rights commission.. The commission is strongly supported by religious leaders.3 Language Focus B. ... never the tormented.... ....... The Trade Secretary is expected to promote stronger powers for the body...1...1.. 10. 6.. 2........ The CRE is the short form for the Commission for Racial Equality. The normative expectations of a citizen ....B. might invoke a normative principle that the trial should be a fair contest........ Neutrality helps the oppressor.. 5.. The Open Society and Its Enemies B....’ Karl Popper.. the right not to tolerate the intolerant. Talking Point Enlarge upon: ‘Take sides. Reading Comprehension Are the following statements true or false? 1... never the victim..’ Elie Wiesel ‘We should therefore claim in the name of tolerance.3..... 4... 8....... 2........
.. The Union did not express any concern about the resourcing of the new body... .. Silence encourages the tormentor.2. 3.... Complete the following statements: 1.. The new commission will have enhanced rights to prosecute cases of discrimination.... Tony Blair promised legislation for outlawing all forms of religious hatred. 7. Key concessions will be announced by MPs in an attempt to end a bitter row with race relations chiefs. 3.. 9.... The principle that people should be treated with concern and respect ...... The merged super commission will not include community relations... The Public and Commercial Services Union is Britain’s largest civil service union.... B.
.......... .... If the conflict is truly fundamental then there can be little virtue in ..... Due process and procedural fairness .. should be made of the level of conflict between law and a deeper conception of justice. .................3........3.. Conceptions of justice are many-layered and give thus rise to many complex ......... state of being varied 7............... conventions. quality or state of being liked or admired by many people p_________ f________ a__________ a___________ i_______ p___________ P_________ d________ i________ s_______
B.... quality of being genuine 3....... efficiency......
.. 10. Legal institutions develop working rules about ......... The parties should be treated with equal ...... disease 4... The word equality in the article is made up of the adjective equal and the ending -ity The suffix –ity combines with adjectives to form nouns which refer to the state or condition described by the adjective.......2............ B or C which best completes each sentence: 1...3. protection from danger or worry 9.......... ... .... 8.. ability to resist infection. Use the definitions to find words constructed in a similar way: 1.... 7. careful observance of rules... etc of language or behaviour 10. together................. being different..... ............ Choose the word A.... especially in an undesirable way 2................... B.....4. highest duty is to avoid serious injustice to those subject to his authority 9.. state of being successful or rich 6........ 6... especially in industry 5.... .............. 5. The relationship between the individual and the community ...... strength of emotion 8....
. of a right is unfair and so the source of moral harm... of rights depends on B sphere C aim
4. to groups and B sensitive C responsive
8............................ 7......................... The relationship between the official and the person is grounded in .. The ......... A conclusive considerations.... A scope maker...... The actions of government and administration should be ..... A statements B conclusions C understandings
C........... Natural justice refers to the specific ........ of B texture C power
10...... Procedural rights are . Translate into Romanian: Councils failing to learn from Climbié case
................... 3................. The decision about how to treat a person is substantially .1... The law is full of instances where the precise ........ by substantial rights.... A governed administrative decisions. Formal legal authority can be modified to take account of the rich .. by broad policy B linked C overwhelmed
9....... A substance
B belong B doctrines
C work C papers
2..... What counts as the public interest might be left to the .. A power A generated A breaking individuals..... of the decision B discretion B introduced B deprivation C will C enhanced C upholding
5.. which draw on basic moral and political values.. relating to hearing and bias........A go A themes judgement and discretion... 6.....
the Chief Social Services Inspector.’ William Hazlitt. he said. în limitele stabilite de lege. The Times. Mr Behan was commenting on the publication of the annual social services league tables. In serious cases. said yesterday he was concerned that a significant number of councils had given up trying to improve or had become complacent. entire social work departments could be taken over by external managers. Exercitarea atribu iilor Articolul 59 (1) Avocatul Poporului îşi exercită atribu iile din oficiu sau la cererea persoanelor lezate în drepturile şi în libertă ile lor. Translate into English: Avocatul Poporului Numirea şi rolul Articolul 58 (1) Avocatul Poporului este numit pe o durată de 5 ani pentru apărarea drepturilor şi libertă ilor fizice. (2) Avocatul Poporului şi adjunc ii săi nu pot îndeplini nici o altă func ie publică sau privată. ‘We are concerned that some councils are stuck in a comfort zone and have not improved. 2004 C. cu excep ia func iilor didactice din învă ământul superior. David Behan. On Prejudice 46
. (2) Autorită ile publice sunt obligate să asigure Avocatului Poporului sprijinul necesar în exercitarea atribu iilor sale. Raportul în fa a Parlamentului Articolul 60 Avocatul Poporului prezintă celor două Camere ale Parlamentului rapoarte. anual sau la cererea acestora. which show that only seven of the 150 social services departments in England are considered satisfactory. (3) Organizarea şi func ionarea institu iei Avocatului Poporului se stabilesc prin lege organică. Constitu ia României 2003
‘Prejudice is the child of ignorance. He gave warning that councils persistingly failing to deliver satisfactory social services could face action from the Government. We don’t think that councils can go on for three. four or five years having exellent capacity for improvement without delivering the improvements’. Adjunc ii Avocatului Poporului sunt specializa i pe domenii de activitate. November 18.Half of all social services departments are failing most children in their area. nearly two years after Lord Laming’s report into the Victoria Climbié child abuse case highlighted ways in which the child protection system should be improved (Alexandra Frean writers).2. Rapoartele pot con ine recomandări privind legisla ia sau măsuri de altă natură. pentru ocrotirea drepturilor şi a libertă ilor cetă enilor.
this is adequate: information is simply a part of the total stock of human knowledge. that one must assign a value to information. Its value will be
. computer hardware. which is bought and sold. It is in this state. One can calculate the cost of processing information. Economists and information scientists (principally the latter) who have addressed this issue have generally agreed that the user rather than the producer determines the value of information. as opposed to its cost. however. If one adds this separability from a medium to inseparability from a recording system of some kind. take the matter a little further. when it is independent of its medium of storage. It can be argued that the transformation of knowledge into information – the systematization of what is known – depends on our ability to record knowledge.UNIT 5
THE FREEDOM OF INFORMATION
The Value of Information
Information is a commodity. and so on. The problem lies in part in the definition of the information itself. For some purposes. The supplier – the publisher or the bookseller – fixes the cost of a book. one of the characteristics of information is that it can be transferred between media without any significant loss of content. One can. However difficult it may be to define how it acquires value. the value of the information that it contains is a matter for the judgement of the purchaser or the end-user. transmission and retrieval. for it is only in this state that it has a separate existence. journals and computer software have a price attached to them at which they are bought and sold. while retaining an unchanged information content. Dictionary definitions typically suggest that it is a sub-set of knowledge acquired. Information then is inseparable from our ability to record it. photocopied and so on. but rather that part of the knowledge store that they deemed worthy of recording or necessary to record. the fact of the commodification of information cannot be denied. is an uncertain concept. one arrives at a definition of information as a subset of knowledge which is recorded in some symbolic form. however. really addresses the question of the value – if any – which can be assigned to information. a cost which would normally be a combination of paying for the time of those involved and the cost of the materials. that information is inseparable from the medium on which the record is made. by study or experience. word-processed. equipment and consumables they use. The earliest human records did not represent the total stock of knowledge of Palaeolithic man or the ancient Babylonians. deliberately or accidentally. printed. however. recording and retrieving it. On the contrary. therefore. None of this. in terms of the time involved in obtaining. because the process of recording implies a process of selection. One can assign costs to the construction and maintenance of telecommunications networks. Books. which cannot easily be quantified. A handwritten sentence might subsequently be typed. It does not follow from this. The value of information.
The value of information is not intrinsic to the information itself. although at a lesser rate. and that this is no mere abstraction. indeed it tends to reinforce it. has no scarcity value – reflects the origin of information as a subset of knowledge. In such circumstances. The issue is how much money the end-user is prepared. there may continue to be some accumulation of value. Some information may be freely provided as a form of advertising. public health information. This apparent paradox – that information. directly or indirectly. as when marketing information is sold to the suppliers of goods and services. a person or organization (or even a country or its government) is disadvantaged because of what is not known but could be known. This does not conflict with the concept that the value of information is determined by the end-user. unlike many commodities. While it is impossible to assign an absolute value to any given piece of information. however may be regarded as a public good. This may be economic. If it is accepted that information has a value. and who is excluded from. provided that the information is available and that they have the resources to acquire it. whatever benefits it may have to offer. Some information may clearly be a private good to be bought and sold by individuals for their own benefit. which in turn underpin one of the most important political issues of the information society: who obtains. place and context. that ultimately is the measure of its value. Up to the point at which the sunset is optimized. each additional piece of information increases the value of all those that have already been acquired. for example. This is the point of information overload. John Feather
. until the point is reached at which there is so much information that it is no longer possible effectively to use it. is supplied by governments and other authorities free of charge (or rather is paid for out of general taxation). it is clear that for the individual user such a value can be assigned. The Information Society. to pay to acquire the information. it depends on its suitability and availability. since it is the market that provides a context in which a buyer can determine what is regarded as a fair (or at least acceptable) price. it follows that there can be circumstances in which the absence of information is disadvantageous. hence the airline or railway timetables that appear on websites and elsewhere to encourage potential customers to buy the services being offered. The variability of the value of information – determined by the consumer rather than the producer – is compounded by the fact that its value can be argued to increase as it becomes more common. The uninformed or under-informed person or organisation then becomes a buyer in the information market-place. an increasingly common phenomenon in advanced information societies. Some information. Against this background. Even beyond that point. but it may equally be social or cultural. one can understand the concepts of information wealth and poverty.perceived differently by different people and perhaps even by the same person depending on the circumstances of time. A particular piece of information may actually change from private to public good and vice versa according to the context. What users are seeking is the subset that best meets their needs.
2..... Information can be transferred between media without ............ 7.. . Present Simple The proposals are debated on in this conference room.....2...... Language Focus A........ The point of information overload is ..... printed..... But they are answers to questions we have not asked........... 10... ...............3.. 9......... Cool Memories A. Present Continuous The office is being redecorated.......... 3. It has all the answers............ ............... . ...3.... and which doubtless don’t even arise... 4. The Passive A hand written sentence might subsequently be typed... Reading Comprehension Complete the following statements: 1. The earliest human records represented that part of the knowledge store that ....... rather than the producer determines the value of information.....’ Jean Baudrillard.. 5. Past Simple
........................’ ‘Information can tell us everything. photocopied and so on............. ...........................1...... word-processed. 6............ The value of the information contained in a book is a matter for the judgement of .....A....... . Some information .... as a form of advertising................ which is bought and sold... ............. Information is ........ 8....... A..........1...... Talking Point Enlarge upon: ‘Information is a commodity. ........ Form: subject + verb to be + past participle The tense of the verb to be changes to give the different tenses in the passive. The value of information depends on ........ What users are seeking is . The absence of information can lead to ..
. underdevelop..... Past Continuous The civil servants were being presented the new policy lines.. The prefix under. past participles or numbers to form new verbs... nouns and adjectives... Present Perfect The project on a modern administration has been approved. nouns.. underestimate 2.g......... Words formed in this way: 1.. refer to people who have a lower rank or status than someone else: e. lest it should be overlooked....The faculty was built in 1940.g... underground...... when the minister came in... under-fives...g. He under .2.. for Alex’s office was one floor under .. Future The strategy will be made public by next Monday....3.. .. refer to people who are younger than the age mentioned: e. The problems of the under ..... his signature.. The hospitals are seriously under ......very often by and the agent are omitted in passive sentences ..combines with verbs. underline 3.. undergraduate. .
... refer to or describe things that are beneath something else or that happen below something else: e.. world will remain intractable. 3. under-twenty-ones 4... express the idea that there is not enough of something or that something has not been done as much or as well as is needed: e..g. Infinitive The committee’s decision can be found on the Internet.passive sentences move the focus from the subject to the object of active sentences .the passive is associated with an impersonal style Write a few lines on the importance of information for you using passive constructions. Prefixes UNDER The uninformed or under-informed person or organisation then becomes a buyer in the information market place..... under-secretary Complete the following statements with a suitable word from the list: ground fives librarian graduate developed glass staffed lined estimate financed
1. It was a long way down.. A.. 2.. Use .......... 4..
... made available
.......... He returned as assistant under ............. cultivation. and journalistic scrutiny exists in local government and the courts........ by the law. information 2............ interference.... Meetings of local authorities must generally be open. matter 4.. They have to employ more workers.. Their plant is seriously under ..........3...... retrieve 7........ percieve 8. Tom is specialised in under . Fill in the blanks in the following text with an appropriate term from the list below: local particularly hampered court business positive their public exercised papers legal supported
One important purpose of a 1 .......... The age range of under ... A..... ...... particularly about the behaviour of public bodies........ role of discovering news..3.3... circumstance news get element consider means recapture note control manifest surrounding data effect knowledge procure article pipe discern plain upright incident fact regard method review sham rule conceive intelligence obtain collect topic weigh recover apprehend instrument think recall percolate clear power byword channel conjecture
obvious command position
A....................... 8.. 6 .......... 7............ him! He has published a book on business administration............ This objective is only patchily 4 . ............ college students is eighteen to twenty-two... right to seek information is to permit journalists to perform 2 ..... medium 6. 6. deem 5..........4... 9.. The greatest openness to 5 ......... ... with 8 ................. authorities are required to make available to the public a substantial amount of material.................... acquire 3......... 10... apparent 9.. authority 10... Which of the words in each list is not synonymous with the first one? 1.................5.... including submissions concerning the way in which their powers should be 7 ... Don’t under ... They offer educational day care for two hundred under . at the University Library... without unjustified 3 ....
to the public, including journalists. The courts generally do their 9 .................... in public, and are then open to scrutiny and reporting by journalists, although journalists’ ability to establish the facts in cases being litigated is 10 .................... by the law of contempt of 11 .................... , parts of which are capable of having a chilling effect on the ability to obtain information, 12 .................... in relation to material disclosed by a party to proceedings under the discovery process.
Extremists Target Oxford Dons
The home addresses and private phone numbers of Oxford dons and senior Government ministers have been posted on the internet by animal rights extremists. Personal contact details for David Blunkett, Chris Patten, Hazel Blears and Caroline Flint were published on a website that police allegedly tried to remove. The list was described yesterday by Oxford University as an ‘invitation to threaten or attack’ people conducting ordinary legal activities. It lobbied Yahoo to close the site but the site was removed only after The Times contacted the internet service provider. The publication of more than 100 addresses could breach a High Court injunction severely restricting the activities of animal rights protesters, which was granted to the University in September. Oxford sought the order after a campaign of intimidation halted the construction of its £18 million animal testing laboratory. The website was created by an organization calling itself Badgers Unknown Anarchist Ventures. It gave dozens of home addresses, including those of Chris Patten, the University’s Chancellor, Thomas Bingham, the High Steward, and Catherine, his daughter, the ViceChancellors, academic heads and proctors. Personal details of the architects of new laboratories and stuff in the Department of Experimental Psychology were also listed. Ministers listed included Patricia Hewitt, the Trade Secretary; Oona King, Michael O’Brian, Jacqui Smith, Lord Sainsbury of Turville and Fiona Mac Taggart. A spokesman for the University of Oxford said: ‘The University can only perceive publication of this information as an invitation to those who are prepared to harass, threaten or attack people who are conducting ordinary legal activities’. A source close to Oxford University said police asked rather than told Yahoo to take down the site. A spokesman for Yahoo UK said : ‘We operate a strict policy in accordance with UK laws and rely on feedback from users and the press to inforce our taste and decency policy’. Tim Lawson-Cruttendon, a solicitor-advocate acting on behalf of Oxford University, said those responsible for the site could be jailed. A group calling thmselves Badgers Unknown was responsible for publishing the home addresses and telephone numbers of more than 100 people on the internet in March.
Billy Connolly, Ian Botham, Jeremy Clarkson and others were targeted because of their support for hunting, shooting or fishing. Under the headline Celebrities Bloodsports Scum, the website referred to those on the list as ‘twisted perverts and walking advertisments for eugenics’. In February, Mr Justice Owen and Mrs Justice Hallett were warned by police to increase their personal security after their addresses and those of close relatives were published on the internet. They had both sat on high-profile animal rights cases. Speak, the organisation campaigning against the construction of an animal testing laboratory at Oxford, denied it had anything to do with the latest website. Robert Cogswell, its spokesman said : ‘We condemn it wholeheartedly. Speak is a legal campaign, I can’t see what justification anyone would have for publishing the home addresses of government ministers. ‘But it’s suspicious that animal rights people should be posting such sensitive information while we’re fighting the Oxford University injunction. It could be a dirty tricks campaign by individuals wanting to sully the name of the animal rights campaign and is more likely to be something to do with pro-vivisection’. Thames Valley Police said: ‘We have been notified of the existence of a website that lists these members of staff and we will be investigating it ’. The Home Office said: ‘This is under police investigation so it would not be appropriate for us to comment’. Nicola Woolcock, The Times, November 3, 2004 B.1. Reading Comprehension Are the following statements true or false? 1. Animal rights extremists have made public the home addresses and private phone numbers of Oxford dons and Government ministers. 2. The site was removed after The Guardian contacted the internet service provider. 3. The website was created by an organisation calling itself Unknown Anarchist Ventures. 4. There were listed also personal details of the architects of the new laboratories. 5. The list was described as ‘an invitation to threaten or attack’ people conducting illegal activities. 6. According to the solicitor dealing with this case, those responsible for the site could be jailed. 7. Speak is the organisation campaigning against the construction of an animal testing laboratory at Oxford. 8. Speak denied any involvement in the publication of the addresses. 9. According to the spokesman of the Speak organisation, this action could be a dirty tricks campaign.
10. The Home Office said that it would be quite appropriate for them to comment. B.2. Talking Point Enlarge upon: ‘So that means you need to know things even when you don’t need to know them. You need to know them not because you need to know them but because you need to know whether or not you need to know. And if you don’t need to know you still need to know so that you know that there was no need to know.’ Jonathan Lynn, Antony Jay, Yes Prime Minister B.3. Language Focus B.3.1. Use each of the folowing phrases in contexts of your own: 1. to post on the internet 2. to close a site 3. to grant access to 4. to keep track of 5. to knock up a programme 6. to place an order 7. to route data over a network 8. to run a software 9. to set up software 10. to insert a disk B.3.2. Give the full versions of the following abbreviations: 1. CAFE 2. CSNET 3. EOT 4. e-zine 5. FYI 6. IAP 7. PIN
8. WAN 9. NUI 10. YAHOO B.3.3. Fill each of the numbered blanks in the passage with one suitable word: The guiding principle of data protection in the democracies is that information should be 1 .................... only for the purpose for which it is gathered, and 2 .................... the subject of the information should have the right to be certain of its accuracy and relevance. The basic principles are 3 .................... in laws which differ between jurisdictions. The real purpose of 4 .................... protection law is, or should be, not the protection of the state, 5 .................... the protection of the individual. Registered holders of data may use it 6 .................... for the purpose for which it has been collected, and may not disclose it to third 7 .................... without the permission of the data subject. The importance of this in the case of medical or financial 8 .................... is obvious. On the other 9 .................... , data subjects can give permission for information to be 10 .................... under certain circumstances. Those 11 .................... names appear on mailing lists, for example, can give the owner of the mailing list the 12 .................... to disclose it to other persons or bodies.
C.1. Translate into Romanian: Our capacity as human beings to acquire, use and store information is essential for our survival. This might appear a tall claim for something which in English law cannot be the object of theft. At a practical level, disasters are avoided, accidents prevented and sustenance provided by our use of information. Hamlet’s tragedy was that he was accurately informed; Othello’s that he was not. While information itself is important, our ability to discern the degree of the reliability of the information provided is essential in the exploitation of resources or relationships, or in the exposure of sham. Information acquired through scientific inquiry establishes that it is irrational to believe that consulting the auspices, the stars or the tea leaves is a reliable indication of future events. Information is necessary to make sensible choice or wise judgement. Moral and ehical evaluation depends upon information acquired through our own and our predecessors’
is a basic fact. organizatorului manifestării artistice. inaccuracy. Such intuitions and categories. They are the starting point. But the information to which we apply our faculties of judgement and decision making is far from immutable. Freedom Of Information. proprietarului mijlocului de multiplicare. This is why we normally set a high premium on telling the truth. autorului. Are ‘facts’ nothing more than the haphazard ascription of names or categories to phenomena impinging on our cosciousness. care in the provision of information. Kant reasoned. of community. substance and causality. (8) Răspunderea civilă pentru informa ia sau pentru crea ia adusă la cunoştin ă publică revine editorului sau realizatorului. prin scris. and why we punish cheats and frauds or censure liars. rasială. They are the most basic forms of information. precum şi manifestările obscene. contrare bunelor moravuri. Information in the form of facts constitutes the basis of order in our lives. however? And if there are no facts. in particular of communication. to myriad phenomena which we encounter. incitarea la discriminare. prin viu grai. or hold as culpable the negligent transmission of information that causes harm. Patrick Birkinshaw C. Their existence. regularity and knowledge. (7) Sunt interzise de lege defăimarea ării şi a na iunii. These examples illustrate the importance of the mutual and implicit acceptance of certain ground rules in the use of information and its employment in human communication. îndemnul la război de agresiune. onoarea. according to Kant.experience. de clasă sau religioasă. he argued. These are categories of intuitions which. al postului de radio sau de televiziune. they are an inescapable feature of existence. (6) Libertatea de exprimare nu poate prejudicia demnitatea. via a particulară a persoanei şi nici dreptul la propria imagine. Translate into English: Libertatea de exprimare Aricolul 30 (1) Libertatea de exprimare a gândurilor. and so on. sunt inviolabile. inhere in the working of the mind itself. (2) Cenzura de orice fel este interzisă. în condi iile legii. Rather like the categories of thought. It is subject to change. (5) Legea poate impune mijloacelor de comunicare în masă obliga ia de a face publică sursa finan ării. la ură na ională. (4) Nici o publica ie nu poate fi suprimată. Without the application of these categories and intuitions we would be incapable of achieving judgement or making decisions. (3) Libertatea presei implică şi libertatea de a înfiin a publica ii. separatism teritorial sau la violen ă publică. prin sunete sau prin alte mijloace de comunicare în public. distortion or imprecision.1. historical development. Delictele de presă se stabilesc prin lege. 56
. are inescapable in the human predicament. is it possible to know anything? In order to think or make decisions we apply categories of thought such as quantity. or ‘a priori intuitions’ such as space and time. prin imagini. of our organisation of confused data. faithful and accurate recording of events. a opiniilor sau a credin elor şi libertatea crea iilor de orice fel. We would be incapable of existence beyond that of a vegetable. Kant believed.
Organizarea acestor servicii şi controlul parlamentar asupra activită ii lor se reglementează prin lege organică. Constitu ia României 2003
‘Knowledge itself is power. Just So Stories ‘In much wisdom is much grief: and he that increases knowledge increases sorrow.Dreptul la informa ie Articolul 31 (1) Dreptul persoanei de a avea acces la orice informa ie de interes public nu poate fi îngrădit. Ecclesiastes
. Meditationes Sacrae ‘I keep six honest serving-men (They taught me all I knew). Their names are What and Why and When And How and Where and Who. potrivit competen elor ce le revin. sunt obligate să asigure informarea corectă a opiniei publice. (5) Serviciile publice de radio şi televiziune sunt autonome. publice şi private.’ Francis Bacon. Ele trebuie să garanteze grupurilor sociale şi politice importante exercitarea dreptului la antenă.’ Bible.’ Rudyard Kipling. sunt obligate să asigure informarea corectă a cetă enilor asupra treburilor publice şi asupra problemelor de interes personal. (2) Autorită ile publice. (3) Dreptul la informa ie nu trebuie să prejudicieze măsurile de protec ie a tinerilor sau securitatea na ională. (4) Mijloacele de informare în masă.
presenting an individual in a ‘false light’. anonymity and reserve. There were proposals to include a limitation clause in article 17 describing acceptable limits to the right to privacy. home or correspondence. privacy encompasses four torts of intrusion. The Covenant prohibits arbitrary and/or unlawful interference with one’s privacy. and it is not limited to activities or information about them which would necessarily lead to unpleasant consequences. both as a value and as a legal right. No one shall be subjected to arbitrary or unlawful interference with his privacy. In cultural terms. its recognition as an enforceable right in various legal systems has been relatively recent. and the United Kingdom found ‘arbitrary’ particulary unsatisfactory. which may go very far from the physical home (and is. Everyone has the right to the protection of the law against such interference or attacks. 2. The physical zone of protection includes the home. An important aspect of information privacy. but this was rejected. disclosure of embarassing private facts. there was some debate over the words ‘arbitrary or unlawful’. and may also require states to establish private law rights of action that can be asserted both against persons and against the state itself. is that the information which is sought to be controlled may be true or false (and the value is often stronger when it is true). Article 17 of the International Covenant on Civil and Political Rights states: 1. and correspondence with others. and appropriation of a name or likeness. intimacy. family.UNIT 6
Section A The Legal Background
THE RIGHT TO PRIVACY
Although ‘privacy’ may be a value common to must societies (making allowances for the very different kinds of acivity and information it is attached to). although the two may overlap in cases such as intrusive photography. but includes the kinship ‘zone’ of the family. Another important distinction is between physical zones of privacy and informational privacy. nor to unlawful attacks on his honour and reputation. The latter may be the basis for invalidating laws such as those restricting abortion or allowing telephone tapping. of course. it seems that the use of 58
. and fundamental rights of privacy against the state. although not on behalf of legal persons. The concept of privacy is clearly not limited to isolated individuals. Although the debate still is not completely over. informational as well as being physical). on the sometimes controversial assumption that privacy is a right of human personality and not one enjoyed by legal persons such as companies). An important distinction must be made between such private-law rights of privacy between persons (and against. but no equivalent general statement of the right to privacy. During the preparatory work fot the Covenant. or produce guilt or shame in the person concerned. privacy has been defined as the desire of individuals for solitude. The French Declaration of the Rights of Man and the Bill of Rights in The Constitution of the United States both have fairly specific declarations of the right to freedom of expression. Falling into the category of private-law rights.
2. Which are the torts of intrusion? 5. people have to know. Reading Comprehension Answer the following questions: 1. The International Covenant on Civil and Political Rights and UK Law. What does the physical zone of protection include? 9. The General Comment by the Human Rights Committee defines the term ‘unlawful’ to mean ‘that no interference can take place except in cases envisaged by the law. What is information privacy? 6.’ Oscar Wilde. Interference authorized by States can only take place on the basis of law. S. When was ‘privacy’ recognised as an enforceable right? 2.1. Talking Point Enlarge upon: Curiosity is endless. Does The Bill of Rights contain any references to this right? 3. reasonable in the particular circumstances.both words is not redundant. The Picture of Dorian Gray ‘People die when curiosity goes. The introduction of the concept of arbitrariness is intended to guarantee that even interference provided for by law should be in accordance with the provisions. D. ‘There is one thing in the world worse than being talked about. What does article 17 of the International Covenant on Civil and Political Rights state? 7. aims. People find out.’ The Committee considers that ‘arbitrary interference’ can extend to interference provided for under the law. in any event. restless and useless. Why was the concept of arbitrariness introduced? A. Joseph A. Waterland 59
. Harris. and that is not being talked about. and objectives of the Covenant and should be. Is the concept of privacy limited to isolated individuals? 8. How can there be any true revolution till we know what we are made of?’ Graham Swift. aims and objectives of the Covenant. How can one define ‘privacy’? 4. which itself must comply with the provisions. What does ‘arbitrary or unlawful interference’ mean? 10.
essential. . vital.g.1. important etc. it is time+ past subjunctive It’s time we went. Use 1. Language Focus A. we’ll stand by you. would rather /sooner+ unreal past Shall I give you a cheque? I’d rather you paid cash. It’s high time we decided what method to use. The Past Subjunctive .it has exactly the same form as the infinitive It is important that the manager be present when we sign the papers. wish+unreal past I wish I hadn’t invested so much time in that project.after as if/as though we use a past perfect when referring to a real or imaginary action in the past He talks about Rome as though he had been there himself. in that – clauses . The Subjunctive The Present Subjunctive . in certain exclamations to express a wish or hope Come what may.3. insist. 4. 3. It is essential that every child should have the same educational opportunities Our advice is that the company invest in new equipment.A. recommend.
. 2. suggest. advice agree ask beg command demand direct insist order plead prefer propose recommend request rule stipulate
Choose ten verbs and use them in sentences of your own. We felt that it was very important that James wrote to the manager as soon as possible. 6. ask.after words which express the idea that something is important or desirable e.3. Here is a list of reporting verbs that can be followed by a that – clause containing a modal or a subjunctive. as if /as though+ past subjunctive He behaves as if he owned the place.it has the same form as the simple past If I were you I would vote against his proposal. 5.
.. evidence seems to support this conclusion.......... ..2 Confusable Words.. illegitimate....... 4. unlawful 7.. historic.... Choose the appropriate word and complete each of the following statements: dependent...... A..... All parties regarded the treaty as . 10.......A....3............... .... 2... illicit.. ....... will be protected against losing their home... Complete the following table with the corresponding verb(s)... 9.... A secure child is not made ....... They were charged with ......3...... liquor selling.... historical 5...... If the borrower dies during that period his or her ........ 6.......... They were all prosecuted for ............... We are seeing the birth pang of industrial democracy: this is an ........ or adjective(s) where appropriate: Noun Verb allow debate enforceable encompass basis preparatory envisage redundant distinction Adjective controversial
.......... dependant 1....... 8. possession of explosive substances... The Government aimed to eliminate unofficial strikes by making them ............ ....... illegal.... economics 3...3... Mass unemployment is always possible in a market .... by ordinary comforting.. noun(s).. moment .. plays a central role in shaping the activities of the modern world.... economy.....
... for instance.......... our identity shaken... there would be no protection for 7 ...... It was an invasion of his privacy to report that Euan Blair......A... the burgeoning area of intellectual 9 . the Prime Minister’s son..... So do pictures of J........ the public interest......... development of strategic or commercial plans..... unauthorised appropriation of industrial secrets a crime.... which was in turn overruled..500. the law of confidentiality and specific privacy laws such as those that have 10 .. medical facts.... 6 ........ but
... Likewise the long-term development of products 5 ...... the guarantee of secrecy............K..... have gone further and 12 .... constant experimentation and creative thought or the protection of ideas. unknown citizen eating in a restaurant in Dorking used to illustrate a restaurant review....... Freedom and Cameras in Your Face
A series of rulings by the Press Complaints Comission over the past few years has shown what the comission considers represent invasions of privacy and what do not........... the judges were divided................. Without adequate 2 ..3. Some American 11 . extremely delicate investigations 4 . of prolonged sensitive negotiations. Fill each of the numbered blanks in the passage with one suitable word: There are spheres of our personal and public lives 1 ..... of copyright and patent laws..... development...... But it isn’t an invasion of privacy to photograph the newsreader Anna Ford on a holiday beach or the actress Kate Beckinsale canoodling with her boyfriend while her daughter looked on..... our security shattered.......... At first she was awarded £3... 3 ......Rowling’s daughter on a beach outside a Mauritius hotel or Julie Goodyear (aka Coronation Street’s Bet Lynch) in her back garden or of an ordinary. Each complainant had a reasonable expectation of privacy – Euan Blair... for justifiable secrets our integrity can be compromised. enacted in America and parts of the Commonwealth and Europe... are a legitimate object of secrecy.. When Naomi Campbell was photographed outside a drug clinic going to a Narcotics Anonymous meeting and went to law...... was being interviewed by Oxford.................... was still at school (and therefore out of bounds) and was the subject of a news item only because his parents were famous (also out of bounds).... The law has come to recognise this by the 8 ..............4....... Both were in public places... law.......... where there would normally be no photographers. invade his privacy.... often require secrecy... of legitimate intimate relationships... Photographs of prince William in Chile. a decision overturned by the Appeal Court.....
harassment. Fortier was aprroached while walking with her son in a Los Angeles street and photographed.. however offered no remedy for photographs taken in public places (also the situation in Britain). Circumstances change. should have ensured that ‘non-compliant’ material was not used. A picture of her appeared in the Sunday Mirror three days later. Ten days after the solicitors’ letter to editors. Contrast that ruling with the PCC’s verdict on a complaint by solicitors for Kimberley Fortier. and indeed. perplexing issue. the Home Secretary. the PCC and her solicitors contacted newspapers.only by 3-2. and the Sunday Mirror editor. indeed. The commission then argued that a request for journalists to desist from approaching a complainant does not last in ‘perpetuity’.9 per cent of the population did not. There was a public debate about the life of Blunkett (as guardian of the nation’s morals). After the report. it did not appear that the photographer had ‘persisted’ in taking her photograph after being asked to desist. Yet Britain’s Press Complaints Commission ruled last week that a woman whose name is unknown to 99. or persistent pursuit. At some point . She also complained that there had been intrusion into her privacy – although she had undoubtedly been in a public place. ‘The photographer had asked the complainant if she wished to pose for a picture and she had indicated that she did not. advising them of the clause about harassment in the commission’s code of conduct. Princess Caroline complained that the photographs constantly taken of her by paparazzi and published by German magazines were used as entertainment. publisher of The Spectator. In a judgement in June on an action by Princess Caroline of Monaco. as two recent rulings have shown. and the story had moved on. The princess was a ‘figure of contemporary society par excelence’ and was entitled to privacy only if she could show she had retired to a secluded place with the ‘objectively perceptible aim of being left alone’. the European Court of Human Rights ruled that famous people do have a right to privacy. he took a photograph. Yet privacy remains a vexing. newspapers should not engage in intimidation. The PCC finally debated whether Fortier was a public figure. German law. Fortier had reportedly contacted Blunkett to end the alleged relationship. So again there was no breach of the code.. The PCC said that while Fortier had been distressed by the photographer’s approach. The paper was entitled to point out that she had lied about drugs but went too far in giving details of her treatment and photographing her outside the clinic. with whom she was
. and going about her daily activities fell within her private life. by the Law Lords. The complaint was rejected. She complained to the PCC that she had been harassed – according to the code. Lawyers in Britain interpreted that decision as a ‘highly significant’ extention to the right to privacy. after it was reported in August that she was allegedly conducting an affair with David Blunkett. But the European court decided that German law did not adequately protect her privacy. She was not a politician but a private individual. to satisfy readers’ voyeurism and to make big profits. The view that prevailed was that the photograph tipped the balance in her favour. arguing that it had been alleged publicly that she was having a relationship with Blunkett and that her identity had been established in the public domain without complaint. Neither account of the incident led the commission to conclude that there had been a breach of the code’.
She deserved everything she got.1.’ Fred Allen. 3. we say that Blunkett is guardian of the nation’s morals and was allegedly involved with a high-profile media woman in an adulterous affair. Her case was solved in the first stage and no appeal was made. Neither she nor Blunkett had complained about the content of the articles. We can react to this judgement either as human beings or as journalists. then wears dark glasses to avoid being recognised. 5. the PCC considered that there was no invasion of privacy. Each complainant had a reasonable expectation of privacy. we may ask whether Fortier is genuinely a public figure. whether ten days constitutes perpetuity. Princess Caroline went to the European Court complaining about a constant media intrusion in her life and won. B. German law offers no remedy for photographs taken in public places. whether she deserves to have a camera jammed in her face when she’s out with her son in Los Angeles. Naomi Campbell won her case against media intrusion. 9. Brian MacArthur. 2004 B. Treadmill to Oblivion
. Photographs in public places do not violate the right to privacy. and whether her sex life (or Blunkett’s) really deserves the publicity it got. The Times. In the case of Kimberley Fortier. I’d rather be a human being. 8. As journalists. As human beings. 6. The commission concluded that the photograph – ‘which contributed to the public debate and was taken in accordance with the code’ was not intrusive. Reading Comprehension Are the following statements true or false? 1. The European Court of Human Rights ruled that famous people do not have a right to privacy. Talking Point Enlarge upon: ‘A celebrity is a person who works hard all their life to become known. November 12. The complainants included also Tony Blair. too. 4. The Press Complaints Commission has defined the concept of privacy through a series of rulings. 7. We can ask.involved. 10. 2.2.
.’ Alan Coren Any publicity is good publicity........ Give the Romanian equivalents for each of the following items and use them in contexts of your own: 1. to be in the limelight 7.. .... ‘Fame is like a river. to be given front page treatment 9..3...... the media’s freedom of communication. about protecting interests in privacy is contained in separate codes of
. .. to give prominence to 10.. Choose the word A.’ Francis Bacon. a press release 4. A guidance A concern B information B interest C answers C aim 3..3.....2............. media hype 2. that bears up things light and swollen.......... lurid reporting 6. The .. a news blackout 3... a press briefing 5....... An infringement of privacy has to be justified by an overriding public .. and drowns things weighty ans solid. of obtaining information must be proportionate to the matter under B infringes C triggers 2.. A overwhelms practice... B...1..... to hit the headlines 8.3.Fame is a magnifying glass....... to carry an exclusive tag B.. Language Focus B. B or C which best completes each sentence: 1... The protection of privacy ... Of Praise ‘Being a personality is not the same thing as having a personality. 4.
.... that newspapers publish corrections......... The information should be important as . without the individual’s
B.... B means B good C system C far 5..................... though in practice economic considerations mean the biggest and most widelyread 5 ...... comprising a 8 ..... it.. The Commission is a non-statutory body.. does not require publishers to obtain a government 3 ......... A duty of confidence . one third of whom are not associated with the press. in theory at least......... 9.... 6. 10...... .. This means that anyone may 4 ............. Fill in the blanks in the following text with an appropriate term from the list below: law created cornerstone publications publish reporting licence chairman concern complaint privacy request
Freedom of the press has been.. are concentrated in the hands of a small number of companies...........3....... the public is not the same as the public interest..... One of the most important results of this is that English 2 ............... The publication of words or images should not .. A be A interests A dig A gives A hiding B happen B moves B elicit B confers B protecting C take place C values C know C renders C concealing 7........... What .... can be made to the Press Complaints Commission.......................investigation....... unlike some other countries................. a 1 .......... a newspaper or magazine. It can 9 ........................3.......... 8.......................... Information is confidential if there is a public interest in . but
....... truth......... Complaints about the press. an equitable right against further communication... apologies or statements about the 10 .. as true.................... which usually concern invasion of 6 .. Surprise can be a legitimate device to . A channel A well consent ..... of civil liberties in England for centuries..... or unfair or inaccurate 7 .. and fifteen members..................
. however.. that its powers are too weak. the media’s overall experience of privacy regulation shows that there will continue to be a need for special sensitivity to their concerns... they are an expression of professional ethics. or intercepting letters and telephone conversations.. Even where criteria have been specified for identifying gratuitous publicity.. The difficulty.. Translate into Romanian: A perennial theme in deliberation about media standards has been the desirability of controlling journalists’ and broadcasters’ intrusions into privacy. not because it is in the public’s interest to know it. however.. and that a fullyfledged privacy law should be 12 .
.. partly. trespassing.. . Intrusions or deceptions... in the form of their news values.. The justification for such restriction is typically couched in terms of a natural need for personal space. but because it is simply of interest to them.. if not a right... however.... The media’s role is organised around more mundane objectives... the claim is that individuals should not have to account for themselves in respect of certain information and protection of privacy may be overridden by an appeal to a significant public interest in disclosure. it is a claim about the individual’s right to restrict the availability of information about himself or herself. they tend to shape thinking rather than provide solutions.. the distinction between the two meanings of interest has proved difficult to identify in practice. and those values provide a powerful incentive to provide information. or control over the presentation of one’s identity or self to the outside world. and how serious was the invasion of privacy.
C. for example.. to know about it. In recent years there has been a growing 11 . As with other matters of quality in the media product. surreptitious surveillance. how public is the person concerned and the information involved... In broadcasting... that does not justify their continued secrecy. Examples are: what is the nature of the public interest and how essential is publication of the person’s identity. may be justified if keeping the material relatively secret would adversely affect the public at large.. In general... how was the information acquired.. particularly in the area of invasion of privacy.. A major reason for such sensitivity is that the concept of privacy is not easy to elucidate and its priority in securing protection over other interests is not self-evident. they are a response to public criticism to journalists and..cannot enforce this request.. Essentially. is to decide in which circumstances the information is sufficiently ‘other–regarding’ for the public to have a justifiable claim. notwithstanding the harm or distress which may be caused to individuals concerned.... Partly.1. Although the press has been prompted to adopt self-regulation as a defensive tactic in resisting legislation. Some cases are reasonably clear: if facts about anti-social or harmful practices are private. in the form of snooping. and facts which are relevant to politicians’ ability to govern are required to be publicly known in the interest of participation in the democratic process.. A set of common themes has emerged as worthy of special attention when considering media behaviour.
al convorbirilor telefonice şi al celorlalte mijloace legale de comunicare este inviolabil. familială şi privată Articolul 26 (1) Autorită ile publice respectă şi ocrotesc via a intimă. (3) Perchezi ia se dispune de judecător şi se efectuează în condi iile şi în formele prevăzute de lege. (4) Perchezi iile în timpul nop ii sunt interzise. ordinea publică sau bunele moravuri. (c) apărarea securită ii na ionale sau a ordinii publice. Thomas Gibbons C. dacă nu încalcă drepturile şi libertă ile altora. familială şi privată. Regulating the Media. integritatea fizică sau bunurile unei persoane. Inviolabilitatea domiciliului Articolul 27 (1) Domiciliul şi reşedin a sunt inviolabile. (d) prevenirea răspândirii unei epidemii. (2) De la prevederile alineatului (1) se poate deroga prin lege pentru următoarele situa ii: (a) executarea unui mandat de arestare sau a unei hotărâri judecătoreşti. (2) Persoana fizică are dreptul să dispună de ea însăşi.2. whereas in the press there has been some resistance to the acceptance – at all – of constraints on journalistic activity.
. al telegramelor. al altor trimiteri poştale. în afară de cazul infrac iunilor flagrante. Secretul coresponden ei Articolul 28 Secretul scrisorilor.there has generally been a willingness to articulate and comply with regulatory standards for dealing with intrusions into privacy. Translate into English: Via a intimă. Nimeni nu poate pătrunde sau rămâne in domiciliul ori în reşedin a unei persoane fără învoirea acesteia. Constitu ia României 2003
The Mass Media and the Right to Privacy. (b) înlăturarea unei primejdii privind via a.
The promises held out by the ‘information society’ and the ‘knowledge economy’ will have found themselves particularly tested in respect of how the public sector has been able to develop appropriately to meet the needs and expectations of this sector of society. supporting this may be the fact that for a majority of citizens participation will have become a great deal easier. the two-thirds of the world’s population who currently do not have access to telephone-based communications are likely to see tremendous changes enacted through the increased penetration of this most basic ICT tools. national and possibly even transnational issues being opened up on a far more regular basis. In nations which are currently in a transitional stage into developed economies. as post-retirement is sometimes euphemistically called. of course. Of course. Perhaps the most likely is that. is that drifts in levels of citizen participation will have been addressed in a range of ways. huge changes in infrastructure are likely to result in considerable transformation of the ways in which people and communities relate to one another. Above all. This will undoubtedly feed into the emergence of far greater focus
. at least in respect of key issues which need to be addressed on an ongoing basis. and as this takes place and the technology becomes more and more familiar. with any degree of certainty. looking at the trends emerging at the outset of the twenty-first century. in democratic societies at least.UNIT 7
Section A A 2020 Vision
EXPLORING THE FUTURE
Throughout history. the requirement that citizens take part in political elections will have moved to a position whereby certain levels of participation in the democratic process are mandatory. What is likely to be very different. The year 2020 will also see many of the most industrially developed countries in the world seeking to manage the problem of an increasingly ageing population and having to design and deliver a range of services which are appropriate for this significant sector of users. that we don’t know. A generation who grew up with the promise of a technology-enabled ‘better world’ may conceivably find themselves in their ‘third age’. It would be a useful exercise to cast one’s eyes to the blue skies of the future and to consider what the pubilc sector stuctures of the future will look like. it is possible to construct a view which suggests that things may be at once very different and still very much the same. questioning how public sectors structures are supporting their aspirations for improved quality of life. Moves towards rolling out the use of electroning voting will have become embedded. there has been a tradition that mankind constantly casts an eye to the future and envisages scenarios of what the world might conceivably look like. it is possible to envisage a future scenario which will see opportunities for participation and comment on local. However. even in societies which have long held it to be an infringement of civil liberties. How will citizens engage with them? How seismic is the scale and rate of change likely to be? The short answer is.
and at the same time more consensual and participative. Citizens. is going to be challenged. The questions that an IKM-focused reform agenda specifically asks. it is likely that staff and facilities will be located within public spaces such as shopping centres. These services will make use of increasingly powerful and sophisticated ICT applications. capable of handling a full range of service queries and making linkages. The first two decades of the twenty-first century could see real progress being made in marrying the goal of citizen-centric service provision with the aspiration to reduce the muddle and mess resulted in by lack of co-ordination across traditional stovepipe stuctures and applications. having responded to the challenges introduced by moving towards the maximisation of IKM assets. Such service points are also likely to be capable of addressing issues that cover all tiers of public service provision. possibly via video connection. By 2020. with many emerging economies being well placed to establish structures and approaches to service delivery unhindered by the (often) centuries of tradition evident in many more developed nations. to experts at remote locations. For a large majority of both questions and transactions.
. around the use of resources to best effect and the minimising of waste and duplication. So there is every likelihood. will provide key and ongoing contributions to the development of services. will have resulted in the collapsing of many of the present artificial boundaries of provision. and as a result a majority of citizens and of the public service work force are likely to be operating in distinctly different ways from those which we observe today: the culture of both use and delivery should have moved on significantly. The concepts of space and time as key defining factors in relation to the availability of access to public services will have been largely eradicated. leisure complexes or healh care facilities and that those staff at the front line will be generalists. inasmuch as the individual citizen should be enjoying the benefits to meaningful single entry points to public services. politicians and senior managers alike will be working within a structure which is capable of being more personal. the citizen will be able to engage in communication with relevant services at locations and at times which are more convenient to them. as end-users. if we take a view that IKM principles have been embraced and become embedded over time. from public view at least.upon the roles and responsibilities of public service providers. which typically sees a split of provision and responsability across national. So. and that emerging economies may be able to enact information and knowledge management (IKM) principles. possibly to the point of extinction. regional and sometimes local boundaries. with a culturally embedded mode of contributing to ongoing service development. Perhaps the greatest change evident in the way that public services will look from a perspective of twenty years hence is that there is likely to be a more logical and end-user focused approach to the way in which organisations operate. that something which could genuinely be described as ‘joined up’ public services could be realistically expected to result. with a complete removal. Where public services continue to have a direct public access presence. it is possible to take a view that innovation and reform in the public sector will be global in scope. The current model. of a sense of separateness around different strata of government.
.....3................... Innovation and reform ... The Future By 2020............. are likely to see ... 4. . Politicians and senior managers will be working within a structure which is capable of being more .......1....... if looking to the future reveals a dominance of one key theme........... A.......1.... .... 5......... Managing Information in the Public Sector.............. Two thirds of the world population............................. enacted through the increased penetration of telephones............ ..... The current model is going to be challenged... Citizens will provide key and ongoing contributions to the development ...... 8..Thus.......... the people perish..2......
..’ Bible A...... 3.... Language Focus A.... .... There is likely to be a much more logical and end-user focused approach to the way .... will try to manage the problem of an increasingly ageing population................... will be global in scope.. .... Certain levels of participation in the democratic process will be . 6............. 2........ Eileen Milner A.............. ...... possibly to the point .. politicians and senior managers alike will be working within a structure which is capable of being more personal.......... The public services will make use of increasingly powerful and sophisticated ... 9. it is surely that of increased momentum in tearing down many of the barriers and boundaries that operate across traditional models of public service provision... .................. Reading Comprehension: Complete the following statements: 1. ... 7...3........... ......... 10 The concepts of space and time .. Talking Point Enlarge upon: ‘Where there is no vision.
future progressive This time tomorrow I’ll be studying in the library.. future perfect By next year. 2.2. What I’ll tell you what I find out. 4. 5.3. the requirement that citizens take part in political elections will have moved to a position whereby certain levels of participation in the democratic process are mandatory.future events which have already been planned Present Progressive: What are you doing tomorrow? Present Simple: The train leaves at 6 pm tomorrow. A. Choose the appropriate word from the list and complete the following sentences: 72
. it is possible to take a view that innovation and reform in the public sector will be global in scope. we’ll have been here for eight years.. 6. 8. be going to+ long infinitive Susan is going to write a book on central government. Moves towards rolling out the use of electronic voting will have become embedded. Word Focus TAKE Even in schools which have long held it to be an infringement of civil liberties. shall/will +short infinitive I will probably become a researcher. future in the past I knew she would pass the examination. and as this takes place . be about+ long infinitive The President is to visit Germany in January.. one refers to the future using present tenses When Phone me when you have time. Ways of expressing the future in English: 1. What and where will you be in ten years’ time? Try an imagination exercise and put down a few lines using future constructions.in many subordinate clauses. present tenses . So. 7. 3. If He won’t get a scholarship. subordinate clauses . if he doesn’t learn.The promises held out by the ‘information society’ and the ‘knowledge economy’ will have found themselves particularly tested.
She has always taken her ............ 2 ... around public sector structures and delivery modes must be treated as a 5 ....... ..... may.. in driving forward service development......................
.....3...... 5... is the only sure way of moving forward... it is only ever likely to be a cosmetic exercise if there is not considerable commitment and leadership given to actually making the changes 3 ..... as the culmination of the change process ............ I must take my ............... Catherine is quite pleased that her course has finally taken ...... rather than being 6 .. of things.... It is rather unfortunate that he always takes short ....stand
1......... be a necessary statutory requirement.... in many instances... 3......... Communicating with and gaining the sign-up of 7 . will become far more readily 12 ................... 10. 8... .......... 6............... Fill in the blanks in the following text with an appropriate term from the list below: work openness starting evolves developing structures perceived legislation employees engaged but organisation
Legislating for new public sector 1 ... After the judge’s ruling he finally took .. ! You still have two hours left until your plane takes off............ Take your ... Political statements and 4 ................. She has never asked for help.......... He could be more open minded. 4....... of what he’s saying..... A................................................... in being the first to have thought about the strategy.. and trust that is genuinely focused upon building and 9 .. then there is every chance that the final contributor to the emergence of a truly effective information and knowledge management enabled 11...................................... and for this to happen there must be a culture of 8 ........... 9..... 2.... You should take . He has always kept his promises...... ........... of his old house... in an isolated deserted house.... ........... The criminal took ..... We should all take a ....... She takes great . When such a culture 10 ..... better ways of working.......3........ ....... the service end-user... as far as environmental issues are concerned........................ They are waiting for me at the ministry........ point on the road to better government. 7.....
to become embedded 6. to cast an eye to 2. to handle queries 10. True ideas cultures encourage dissent and difference. Jim Andrew. he says. Everyone has bought into the need for it..A.
. on an ongoing basis 5. without it.. to engage in communication with 9. you quickly find that your competitors can make it or do it too. and Apple pockets the dosh. brighter idea than your competitors – sets the cash registers ringing.’ And if strategy is about gaining a competitive edge you’re doomed when someone else says ‘me too’. That is why any winning strategy has at its heart a good idea. The management guru Robert Heller says that it would help if managers relaxed and stopped trying to control staff so much. Andrew says that this is because few firms transform themselves into truly innovative organisations. Which all sounds simple until you try to do it. at the outset of 3. innovation is both measured and rewarded in the form of staff bonuses and prises. to envisage a scenario 7. Provide illustrative contexts for each of the following items: 1. we all Pod . The Boston Consulting Group’s (BCG) Innovation 2005 survey found that two executives out of three say that innovation is one of their company’s top three strategic priorities. This is no coincidence.4. innovation is ‘part of the DNA’. uPod. It has also been voted the most innovative company in the world. to make linkages
Ideas Plucked From a Blue Sky
iPOD. Andrew says. At places such as Sony and Apple. Despite their enthusiasm. a senior vice-president and director at BCG. to meet the needs of 8. to construct a view 4. Earlier this month Apple Computer reported record quarterly profits. Innovation – having a bigger. there is support and money for idea generation and tolerance of failures.3. says: ‘Innovaton is extremely important. This means applying innovation to everything you do. most bosses don’t believe that they are getting their money’s worth from inovation. Where do you go to find good ideas and how can companies use creativity to make money? This is a hot topic in the boardroom.
5. Sal Pajwani. 9. Designers know their customers. and this is what Pajwani and the guys at Apple do. Apple Computer has been voted the most innovative company in the world. At Sony and Apple. the managing director of ?What if!. 3. his formula for which includes seeking inspiration from unusual sources. The managing director of ?What if! says that innovation is not a science. Brown thinks that innovative strategy comes from people who think like designers. Tim Brown.2. staff are given the time to experiment with ideas which might. 7. Back in the dot-com era everyone thought that good ideas come from highly paid creative types. when you have only one idea. Thinkers 75
. Reading Comprehension Are the following statements true or false? 1. a design company. July 21. Strategy is about gaining a competition edge. benefit the company.1. Whether you’re a designer or an accountant.’ Alain. Now most people agree that anyone is capable of having a blinding idea. 10. thinking laterally and testing out ideas with customers. 6.’ Paul Valery.At companies such as Gore and 3M. Most bosses believe that they are getting their money’s worth from innovation. Talking Point Enlarge upon: ‘Nothing is more dangerous than an idea. or might not. An ideas strategy can increase anyone’s worth. Not anyone is capable of having a blinding idea. 2. Sadly this is not the norm. 8. The BCG’s Innovation 2005 survey found that one executive out of three values the importance of innovation. Propos sur la religion ‘Thinkers are people who re-think. would like Pajwani. Any winning strategy has at its heart a good idea. B. 2005 B. True ideas cultures encourage dissent and difference. empathise with them and like building prototypes. a London based innovation company says: ‘Innovation is a science’. who think that what was thought before was never thought enough. The Times. 4. an idea strategy can definitely increase your worth. innovation is part of the DNA. whether inspiration strikes while you are at your desk or in the shower. the CEO and president of Ideo. Carol Lewis.
investing time in this activity.. There is no choice... When 6 .... need gain proceeds earnings returns loophole break inkling ordinance alter system assist undertaking comprehension deprecate requirement affinity novelty alteration element convert encumber attempt invention thought transmute sustain change
conception establishment construe uphold trial feel
endeavour permit lack
understanding endure fortitude
B. and identifying and analysing 8 ...3...... you know........ to have a fundamental understanding of the information elements that make up the claim........ change and change pressures are an ever-present part of life..... 10 ... support 7.....‘You can’t stop.... Composing is not voluntary........’ Albert von Szent Gy rgyi....... a sound understanding of many critical factors which might otherwise be (and in reality often 5..... The imperative 2 ........... the likelihood of achieving
... experiment 8. you are not free.... idea 4.......... Language Focus B.......1.3........ Fill each of the numbered blanks in the passage with one suitable word: One of the few certainties facing any public sector organisation is 1 . many possible variables around this interaction as resources 9...) overlooked.... organisation 5.. there is a 7..... Which of the words in each list is not synonymous with the first one: 1............ tolerate 10. profit 2..... that........ on the basis 4 ..... change should 3 .’ Harrison Birtwistle ‘Discovery consists of seeing what everybody has seen and thinking what nobody has thought....... upon change strategies for information-intensive processes such as benefits payments...... in auditing your information assets on a regular basis.................. including processing and payment aspects.. empathy 9.....2.... .......... You are landed with an idea and you have responsibility to that idea...... transform 6... innovation 3...3.... The Scientist Speculates B....
. rather than drivers. Instead of embedding outdated processes in silicon and software....... B. although possibly liable to accusations of being nothing more than much-
.. Give the Romanian equivalents for each of the following items and use them in contexts of your own: 1.. to go into administration 10. time and further resources are minimised... to put out to tender 6.. who argues that: ‘The watchwords of the decade are innovation and speed.3. ..... they should not obliterate from view the clear need to think through what it is that you want the technology to help you to do... In IKM-focused operations there is therefore a need to clearly articulate in strategy and planning documents what specific information and knowledge goals and changes can be enabled through the use of technologies. to break even 7. service and quality . whether commercial businesses or public sector services and operations... to sustain/suffer a loss 2. Such an approach.. Too often... we should obliterate them and start over.... a view at least partly challenged by Hammer..a change that actually works. to recoup one’s losses
C. where problems and allied wastage 11 . to plough back profits 3.. Translate into Romanian: Within any organisational context the proper place to position the strategic development and deployment of ICTs is to ensure that they are regarded as tools..1. is considerably 12 .. of change.. to hit the jackpot 9.... We should reengineer our businesses to use the power of modern information technology to radically redesign our business processes in order to achieve dramatic improvements in the performance. as enablers. to sell at premium 5.. influential commentators have embedded the technology at the heart of the change process..’ So while technological applications are clearly important in organisational structures. to get value for money 4....3.. to drive a hard bargain 8.
în condi iile Legii nr. (2) Înregistrările şedin elor publice. Thus. c) anun ul va con ine data. Art. vitally. – Persoana care prezidează şedin a publică oferă invita ilor şi persoanelor care participă din proprie ini iativă posibilitatea de a se exprima cu privire la problemele aflate pe ordinea de zi. cu excep ia celor prevăzute la art. cu valoare de recomandare. largely driven by capabilities presented by technologies. (2) Punctele de vedere exprimate în cadrul şedin elor publice men ionate la art. 4 sunt obligate să elaboreze şi să arhiveze minutele şedin elor publice. ora şi locul de desfăşurare a şedin ei publice.
. 9. (4) Ordinea de precădere nu poate limita accesul mass-media la şedin ele publice. and arriving instead at a position where technologies are assesssed in respect of ‘fit’ between their potential and what the organisation wants to achieve.2. (3) Participarea persoanelor interesate la şedin ele publice se va face în limita locurilor disponibile în sala de şedin e. referitoare la unul dintre domeniile de interes public care urmează să fie abordat în şedin ă publică. – (1) Autorită ile publice prevăzute la art. is not only critical for achieving success in respect of IKM developments but also. – (1) Participarea persoanelor interesate la lucrările şedin elor publice se va face în următoarele condi ii: a) anun ul privind şedin a publică se afişează la sediul autorită ii publice. 6. rather than simply reflecting what the technology is deemed to be capable of. 7. Managing Information in the Public Sector. 8. precum şi ordinea de zi. Art. b) acest anun trebuie adus la cunoştin a cetă enilor şi a asocia iilor legal constituite care au prezentat sugestii şi propuneri în scris. stabilită de persoana care prezidează şedin a publică. 8 au valoare de recomandare. incluzând şi votul fiecărui membru. (2) Difuzarea anun ului şi invitarea specială a unor persoane la şedin a publică sunt în sarcina responsabilului desemnat pentru rela ia cu societatea civilă. cu cel pu in 3 zile înainte de desfăşurare. şedin ele publice pot fi înregistrate. în ordinea de precădere dată de interesul asocia iilor legal constituite în raport cu subiectul şedin ei publice. – (1) Adoptarea deciziilor administrative ine de competen a exclusivă a autorită ilor publice. 544/2001 privind liberul acces la informa iile de interes public.maligned ‘common sense’. Art. Eileen Milner C. Atunci când se consideră necesar. inserat în site-ul propriu şi se transmite către mass-media. – Minuta şedin ei publice. Art. cu excep ia cazurilor în care s-a hotărât vot secret. la cerere. 11. Translate into English: Dispozi ii privind participarea la procesul de luare a deciziilor Art. capable of ensuring that investment decisions are properly focused on organisational needs and aspirations. vor fi făcute publice. va fi afişată la sediul autorită ii publice în cauză şi publicată în site-ul propriu. 10. moving towards the adoption of an IKMcentric focus upon public sector management should in practice mean a move to invert the dominant current model of public sector developments.
g) numărul şedin elor care nu au fost publice şi motiva ia restric ionării accesului.. everywhere in the world. (2) Raportul anual privind transparen a decizională va fi făcut public în site-ul propriu. – (1) Autorită ile publice prevăzute la art...Art. 12.’ Winston Churchill
. Legea 51/2003 privind transparen a decizională în administra ia publică
‘We look forward to a world founded upon four essential human freedoms. The fourth is freedom from fear . care va cuprinde cel pu in următoarele elemente: a) numărul total al recomandărilor primite. 4 sunt obligate să întocmească şi să facă public un raport anual privind transparen a decizională. prin afişare la sediul propriu într-un spa iu accesibil publicului sau prin prezentare în şedin ă publică. e) situa ia cazurilor în care autoritatea publică a fost ac ionată în justi ie pentru nerespectarea prevederilor prezentei legi. d) numărul dezbaterilor publice organizate pe marginea proiectelor de acte normative. f) evaluarea proprie a parteneriatului cu cetă enii şi asocia iile legal constituite ale acestora.’ Franklin Roosevelt ‘The universe is transformation: our life is what our thoughts make it. c) numărul participan ilor la şedin ele publice.’ Marcus Aurelius ‘The empires of the future are the empires of the mind. The third is freedom from want . b)numărul total al recomandărilor incluse în proiectele de acte normative şi în con inutul deciziilor luate. The first is freedom of speech and expression – everywhere in the world. The second is freedom of every person to worship God in his own way – everywhere in the world.. anywhere in the world.
2004. 1991 23. Byrne. Meron. Michael. Macmillan. 7/19/21. J. Library Association Publishing. The Information Society. 1993 20. Manchester University Press. David. 2005 80
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