CURS 7

CONSTITUTIONAL LAW: BRITISH CONSTITUTION AND GOVERNMENT

Unitatea de învăţare:
1. Constitutional law
2. British constitution and government

Bibliografie:
1. Badea, Simina, Legal English - A Practical Approach, Editura Universitaria, Craiova,
2014, p. 35-41. 2. Lister, R.; K. Veth, Dicţionar juridic român-englez, englez-român,
Traducere: Roxana Dinulescu, Editura Niculescu, Bucureşti, 2010.
3. *** Oxford Dictionary of Law, 6th edition, Oxford University Press, Oxford, 2006.

Obiectivele modulului
Dupǎ studiul acestei unitǎţi de învǎţare veţi reuşi sǎ:
 vă familiarizaţi cu termenii esenţiali din dreptul constituţional (Constituţia britanică)
 descoperiţi termenii echivalenţi din limba română
 aprofundaţi elementele predate prin activităţi aplicative
 vă dezvoltaţi abilităţile de comunicare în limba engleză pe tema dată

Constitutional law-related terms

Translate the following Romanian constitutional law-related terms and expressions into
English:
- a promulga/ a modifica/ a abroga o lege
- cu modificările ulterioare
- controlul constituționalității
- a acuza, a pune sub acuzare (un înalt demnitar)
- mandat
- întrunire pre-electorală a reprezentanților partidelor
- alegeri parțiale, alegeri anticipate, urnă de vot, cabină de vot, secție de votare,
circumscripție electorală, a câștiga un loc în parlament, sufragiu
- statul de drept, suveranitate
- proiect de lege, anteproiect de lege, a face o propunere de lege
- prerogativele șefului statului
- Camera Lorzilor, Camera Comunelor, consimțământul Reginei
- fondatorii Constituției americane
- Congresul american, Senatul, Camera Reprezentanților
Make use of the list below:
- to make/ to alter/ to repeal the laws
- amend, amendment, as amended
- the legislative power/ the legislature, the executive power, the judicial power (the
judiciary), separation of powers
- Constitution, preamble, constitutional/ unconstitutional, judicial review, inalienable
rights, ratification
- branches of government, representative government, Cabinet, impeachment, ideology,
initiative, joint committee, lobby, public domain
 - concurrent powers, delegated power, express powers, implied power
- democracy, election, elector, presidential candidate, term of office, primary election,
primaries (direct elections), caucuses (meetings of party representatives), recall
election, by-election, ballot box, voting booth, polling station, constituency, to win a
seat, majority vote (first-past-the-post system), suffrage, referendum
- federalism, federal government
- rule of law, sovereignty
- Bill of Rights, bill, to bring a bill
- Parliament, bicameral, unicameral
- the functions of the Head of State, monarch, president
- the upper House, the lower House, the House of Lords, the House of Commons, Lord
Chancellor, Speaker, Lords spiritual, Lords temporal, Royal Assent, Royal
Prerogative, standing committee, Whip (UK)
- Framers of the US Constitution
- Congress, Senate, House of Representatives (US)
- Senate, Chamber of Deputies (Romania)

A constitution refers to “the rules and practices that determine the composition and
functions of the organs of central and local government in a state and regulate the relationship
between the individual and the state”. (Oxford Dictionary of Law)
Therefore, constitutional law stands for the body of law deriving from the constitution
and dealing primarily with governmental powers, civil rights and civil liberties. Constitutional
law also represents the body of legal rules that determine the constitution of a state with a
flexible constitution. (Black’s Law Dictionary)
The British constitution is considered a flexible constitution, since it is not defined or
set apart in one document and not distinguishable from other law in the way in which its terms
can be legislatively altered. Although it is not written in a distinct document or group of
documents, it consists of:
- statutes/ Acts of Parliament (no special procedure is required for their amendment)
- common law rules
- constitutional conventions
A statute (Act of Parliament) is a document passed by both Houses of Parliament (the
House of Lords and the House of Commons) which sets out legal rules. An Act must also be
agreed to by the Crown, in the form of Royal Assent.
Constitutional conventions are those practices which are not legally enforceable, since
they are not in reality laws. They may regulate the conduct of several members of the
sovereign power, of different officials etc. The principles the constitution relies on are the rule
of law (implying that everyone is subject to the laws of the land) and the sovereignty of
Parliament.
In the UK, the legislative power, that is the power of making, altering or repealing the
laws belongs to Parliament. The three parts of Parliament are the monarch, the House of
Lords and the House of Commons (which is the focus of political attention).
General elections are held every five years, but it is possible to hold the elections
sooner if the Prime Minister wants it. A general election for the House of Commons involves
all UK constituencies and takes place when the monarch dissolves Parliament and summons a
new one.
A by-election is caused by the resignation or death of an MP during the life of a
Parliament. Any dispute with regard to the validity of the election of a Member of Parliament
is raised on an election petition decided by an election court consisting of two High Court
Judges.
Government refers to the Cabinet ministers, ministers of state, under-secretaries and
parliamentary secretaries chosen by the Prime Minister from his/her party to hold office,
about 100.
A smaller group of just over 20 form the Cabinet (the executive) at the head of which
is the Prime Minister.
The Cabinet is the most important and authoritative part of Government, standing
today at the very centre of power in Britain.

Concluzii:
A constitution refers to “the rules and practices that determine the composition and
functions of the organs of central and local government in a state and regulate the relationship
between the individual and the state”. (Oxford Dictionary of Law)
Constitutional law stands for the body of law deriving from the constitution and
dealing primarily with governmental powers, civil rights and civil liberties.
The British constitution is considered a flexible constitution. It is not defined or set
apart in one document. It consists of:
- statutes/ Acts of Parliament
- common law rules
- constitutional conventions

Test de autoevaluare:
1. What is a constitution? - 2 puncte
2. Define constitutional law. – 2 puncte
3. What does the British Constitution consist of? – 2 puncte
4. Which is the legislative power in the UK? – 2 puncte
5. General elections v. by-elections. – 2 puncte

Traduceri: Dreptul constituţional se referă la normele juridice care reglementează

relaţiile sociale dintre individ şi stat, relaţii ce apar în procesul instaurării, menţinerii şi
exercitării statale a puterii.

Răspuns: Constitutional law deals with the legal rules governing the social relations
between the individual and the state, relations arising in the process of establishing,
maintaining and exercising the power of the state.

Grile:
1. The British Constitution consists of:
a. statutes, important court cases, established practices
b. statutes, common law rules
c. statutes, constitutional conventions

2. The king or queen represents the people as Head of State, but the real power lies in:
a. the House of Lords
b. the House of Commons
c. Parliament

3. After a general election, the leader of the party which has the most seats in the House of
Commons (the representative chamber of British Parliament) becomes:
a. the Foreign secretary
b. the Home Secretary
c. Prime Minister

4. The British constitution is considered:

a. rigid
b. flexible
c. distinguishable from other law in the way in which its terms can be legislatively altered

5. Constitutional conventions:
a. are legally enforceable
b. are in reality laws
c. may regulate the conduct of different officials