Lengua BIV 2019 Legal English.

Task Sheet 1

Task 1. Now, read the text and see if you were right - if you weren’t, correct the statements.
Do not worry about the missing words.

The UK Constitution
"Even when laws have been written down, they ought not always to remain unaltered."

These words by Aristotle, the famous ancient Greek philosopher, could have been written to
describe English law and its sources.

Where else would you find constitutional laws without any constitution? Most people have
heard of the Magna Carta (1215). It is often described as the corner stone of liberty and the
chief defence against arbitrary and unjust rule in England by establishing for the first time a
very significant constitutional principle, namely that the power of the king could be limited.

Through the ages this principle has continued to be upheld in spite of various monarchs, civil
war and riots resulting in Parliament making itself sovereign and representing the will of the
people.

As a result, all legislative power is vested in Parliament. There is no legal limit to the power of
Parliament and the courts are bound by all legislation that is enacted by Parliament. So, what
is the role of the judiciary?

The courts interpret the law, which means that although Parliament makes laws, the courts
decide how they are to be applied. These decisions are treated as precedents and ________(4)
courts will follow these decisions if they have similar issues to determine.

This principle of precedent developed from common law which itself is based on custom and
dates from ‘time immemorial’ (or at least 1189). Often before government wrote new laws,
judges applied local and ancient customs, in order ensure that judgments were consistent and
relied on decisions made in previous cases. This has also led to the principle that a judge is
bound by the decision of a superior court when reaching a decision in a similar case.

Judges do not exercise their discretion in an arbitrary way they rest their judgements upon
the general principles of case law and can have influence upon the development of enacted
law.

Accordingly, the courts can exercise a considerable degree over the practical application of
statutes although governments make new laws which modify or clarify the common law.

Vocabulary 1
Lengua BIV 2019 Legal English. Task Sheet 1

From the choice of words below choose the correct word to fill each space in the text.
CORREGIR

1 judicial legislative administrative

2 judiciary judges courts
3 enacts makes decides
4 consequent consecutive subsequent
5 doctrine principle theory
6 rulings judgements conclusions
7 constrained bound obligated
8 inconsistent arbitrary approximate
9 principles purpose objectives
10 adjust redefine modify

Vocabulary 2

Match the words in Column A with the definition in Column B.

1.enacts 10. having the power to create laws

2.principles 8. a system of courts of law for the administration of justice
3.modify 1. to make into law
4.arbitrary 7. following in time or order
5.bound 6. a rule or principle of law, especially when established by
precedent
6.doctrine 9. a judicial decision
7.subsequent 5. being under an obligation
8.judiciary 4. based on or subject to individual judgment or preference
9.judgements 2. a rule or standard
10.legislative 3. to change in form or character
Lengua BIV 2019 Legal English. Task Sheet 1

Task 2. How do you write a constitution?

Discuss these questions in your group:

 When did Spain pass its constitution? 1978
 Why did it need to write one? Because franco died, they came from a dictatorship ,
and they had to go through the process of democracy
 How is it being challenged today? Catalonia wants to go out and it is needed a
referendum to make it, but they don’t have it
 Is there a process in place that would allow the constitution to be changed? What
would have to happen? Referendum

Now read this article from the BBC about how Scotland might attempt to write its constitution
if it achieves independence from the rest of the UK. (Some of the information is sadly out of
date (prior to June 2016) but there is also a lot of useful and relevant information).

Find out:
 Are there any countries in the world where a royal family rules the nation (monarchy)?
 Are there any countries in the world with no government (anarchy)?
 Are there any countries in the world that are run by a military regime (junta)?
 Are there any countries in the world that are run by only one person (dictatorship)?
 Are there any countries in the world that are run by influential groups of people such
as big businesses or extremely rich individuals (oligarchy)?
 What is the basic principle of democracy?

Use this information to help your group to write a constitution for an imaginary country.
Decide how it will be governed. Consider the following points:

1. Citizenship

How is citizenship determined in your nation? Can citizenship be revoked? Will there be citizens with
different rights?

2.Who is allowed to vote?

What is the criteria for the right to vote? What is the age for voting? Is there a literacy test or some
other qualification for voting? Is voting mandatory or voluntary?

3.How are the leaders chosen?

Are the leaders chosen through voting? Are there hereditary positions? What are the elected
positions? Do the strongest rule?

4.What basic rights do people have?

What rights are guaranteed by the government? (Freedom of speech, freedom of press, right to
private property, etc.)

5.How is the judicial system organized?

Is there a jury system? Is there a judge who decides cases? Are there different levels of courts? How
can you appeal a conviction? What happens to the rights of those convicted of crimes, do they lose
their citizenship? Is imprisonment a punishment or an opportunity for rehabilitation?
Lengua BIV 2019 Legal English. Task Sheet 1

6.How is the government funded?

Will the government have the right to levy (make people pay) taxes? Will the government control
businesses and use that money to run the nation?

7.What property rights do people have?

Can people own homes, businesses, land, etc.?

8.What provisions are there for changing the constitution?

Can the constitution be amended? If you want to change things do you have to scrap the whole thing
and start over? Who decides on changes?

Here are some constitutions to help you:

America
Monaco
China
North Korea

Autonomous task.

Read about how the Magna Carta influenced American law:

https://www.archives.gov/exhibits/featured-documents/magna-carta

In which part of the American Constitution can you see the greatest influence from Magna
Carta?