�� 

� �� 

�� 3 �� 

2006

�� 3 �� /��. ��㺺�� .�., �� .�., �� .�., ĳ�� .�..- �.: ��. ��. ��. ��, 2006.- 47 �.

� � � � �

�� ................................................................3

V ����

�� 1......................................................................................4

�� ........................................4

��1 � The International Public Law�......................................6

ϳ�� .........................................................8

�� ........................................11

��1 �Human Rights�..............................................................12

ϳ�� .........................................................14

�� 2.....................................................................................14

�� .......................................14

��2 �Institutions and Bodies of the EU�................................16

ϳ�� .........................................................18

�� ........................................20

��2 �The European Court of Justice�.....................................20

ϳ�� ..........................................................22

VI ����

�� 1.....................................................................................23

�� .......................................23

��3 �Constitutional Law�.......................................................27

ϳ�� .........................................................29

�� ........................................31

��3 �Characteristics of Constitutions�...................................31

ϳ�� ..........................................................32

�� 2......................................................................................33

�� ........................................33

��4 �Labour Law�...................................................................36

ϳ�� ..........................................................38

�� .........................................40

��4 �Future of Labour Law�...................................................41

ϳ�� ..........................................................42

�� .........................................43

��Ͳ ��

�� -�� III �� -�� -�� , �� (English for Law Students: ϳ��. � ��. �� . I � III �� . ��. ��. ��. ��. / �� .�., �� .�., �� .�. �� . � �.: ��, 2004.). �� -�� .

�� , �� -�� -�� .

�� :

� �� �� , ��-�� ;

� ��  �� , �� - �� ;

� �� ��, �� -�� ;

� ��  �� , �� -�� ;

� ��  �� -�� ;

� �� , �� -�� (��, ��-��) �� , ��-�� .

³�� V �� -�� , � VI � ��. �� -�� , �� .

V� � � � � � � �

�� 1

��

1. �� -�� . �� .

To recognize, to incorporate, integrity, to contribute, �inviolability, willingness, compliance, requirement, to exhaust, �to refer, external, within, hierarchy, ancient, to exchange, philosopher, frontier.

2. �� , ��, �� , �� International Public Law�:

�) �� ;

�) �� International Public Law� (�� ��1) �� .6 �� . ��, �� , � �� , �� .

3. ǒ��, �� (� �� ). �� ��1 ��, �� , �� , �� , �� . �� .

Legality, difference, existence, expression, punishment, to protect, voluntary, accordance, to civilize, distinct, insistence, to develop.

4. �� , �� 3 (� �� ). ��� .

��

Ĳ��

��

��˲��

��:

legislation,

legislator

�to legislate

�legislative,

�legislatively

5. �� , �� -�� , �� , �� -�� . �� ��1 �� -�� .

Normative, control, dispute, declaration, basis, final, formal, jurisdiction, intervene, charter, resolution, problem, global, role, conflict, result, subordinate, historical, nature, principle, institution, sovereign, functioning, list, document, territorial, conference.

6. �� ��1 �� nation �� state. �� -�� .

7. �� , �� , �� .

�� different, social, basic, liberty, help, duty, to secure, to protect, certain, faith, usual, rule, foundation, single

�� public, freedom, to guarantee, definite, assistance, belief, ordinary, standard, basis, sole, various, fundamental, to defend, obligation.

8. �� , �� -�� , �� .

To cease, victory, external, dependent, obligatory, to violate, late, to observe, modern, to abolish, new, theory, voluntary, independent, internal, ancient, to create, early, to begin, practice, old, defeat.

9. �� ��1 �� . ��, �� -�� ) �� ), �� .

1) to govern�� ) �� ) ��

2) statute�� ) �� ) ��

3) application�� ) �� ) ��

4) part�� ) �� ) ��

5) security�� ) �� ) ��

6) to settle�� ) �� ) ��

7) to contribute�� ) �� ) ��

8) duty�� ) �� ) ��

10. �� ��1 �� , �� -�� . �� . ��, � �� :

1) the definition of the International Public Law;

2) Final Act on Security and Cooperation in Europe;

3) the basic task of the International Law;

4) different systems of the International Law;

5) the main principles of the International Law;

6) Hugo Grotius.

11. �� ��1, �� -��, �� , ��-�� .

��1

THE INTERNATIONAL PUBLIC LAW

1� International public law is the body of rules that nations recognize as binding upon one another in their mutual relations. Like precepts of international morality, the rules of international law are of a normative character; i.e., they prescribe standards of social conduct. They are designed for authoritative interpretation by an �independent judicial authority and they must be capable of enforcement by the application of external sanctions. Universality is not required for a norm to be incorporated into the body of international law.

International law means public international law, as distinct from private international law or the conflict of laws, which deals with the differences between the municipal laws of different nations. No single nation can create or modify international law. No statute of one nation or treaty between two nations can create global obligations. International law is not created, developed, or abolished by the demand of one country or a small group of countries. It exists as a result of the common consent and general acceptance of many nations.

Since the dawn of history, different systems of international law have come into existence in many parts of the world. For example, the Greek city-states and their philosophers believed that there was a legal hierarchy of local and higher laws. Local laws governed the conduct of individuals within each city-state. These laws of the city-state, however, were subordinate to what the ancient Greeks perceived as a branch of law now called international law.

While there were other intermediate influences on the development of international law, its modern roots can be traced to the seventeenth-century Dutch philosopher Hugo Grotius. He is often referred to as the "father of international law". Grotius's fundamental contribution to the theory of international law was his insistence upon a voluntary law of nations based on their consent. That willingness to observe certain norms was expressly stated in treaties or resulted from state customary practices in international matters.

In the process of the transformation of international law into a world law, international law exchanged its Christian foundation for that of a law among states that were civilized in a highly formal sense. Civilization was understood as compliance with the minimum requirements of the rule of law. Before the World War II international law had become a law among sovereign states. Sovereignty is the dual right of a nation to govern the affairs of its inhabitants and to be free from external control. Each nation possesses sovereign power within its own territory, so there is no independent enforcement entity that can directly punish violations of international law.

2�� Unlike all the earlier historical types of international law modern international law is not imposed by force and dictated by the strongest states. Its norms continue to be created through agreements. Accordingly, they cannot be imposed on a state without its consent. There have been fundamental changes in the general nature of international law. Such principles and institutions of old international law as the right of a state to wage war, the rights of victors, the institutions of conquest and war indemnities have ceased to exist.

Above all the basic principles of modern international law are embodied in the Charter of the United Nations. The United Nations elaborated the contents of some of these basic principles. That work was followed by the adoption by the United Nations General Assembly in 1970 of a Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations. That Declaration contains seven principles, namely:

� the principle that states shall refrain in their international relations from the threat or use of force;

� the principle that states shall settle their international disputes by peaceful means;

� the duty not to intervene in matters within the domestic jurisdiction of any state;

� the duty of states to cooperate with one another in accordance with the Charter;

� the principle of equal rights and self-determination of peoples;

� the principle of sovereign equality of states;

� the principle that states shall fulfill in good faith the obligations assumed by them in accordance with the Charter.

The Final Act of the Conference on Security and Cooperation in Europe that was held in Helsinki in 1975 contains ten basic principles. In addition to those contained in the Declaration of 1970 it lists the principle of the inviolability of frontiers, the territorial integrity of states and respect for human rights and fundamental freedoms. This, too, does not exhaust the list. For the time being there is no single international document that lists all basic principles of modern international law.

The growing role of international relations in the development of societies and the appearance of new, vitally important global problems increases the number of basic principles of international law. One of such principles is the protection of the environment.

The basic task of international law is to contribute to a normal functioning of the international system and to ensure peace and resolution of international problems through legal means, on the basis of agreements among sovereign and equal states.

ϳ�� 

12. �� , �� -�� ��1. �� , �� ��1.

1. The Charter of the United Nations contains seven basic principles of modern international law.

2. No single nation can create or modify international law.

3. All participants in peacekeeping operations should receive human rights training.

4. Hugo Grotius is often referred to as �the father of international law�.

5. There is no international constitution or legislature.

6. States shall refrain in their international relations from the threat or use of force.

7. States have to cooperate with one another in accordance with the UN Charter.

13. �� ��1 � �� , �� . �� -�� , �� .

�� ; �� ; �� ; �� ; �� ; �� ; �� 䳿; �� ; �� ; �� ; �� ; �� ; �� ; �� ; �� ; �� ; �� ; �� .

14. �� ��1 �� :

international, fundamental, basic, equal, legal, general, sovereign.

15. �� , �� :

a) law, lawful, unlawful, lawless, lawyer, lawfully, unlawfully, legislative;

b) to increase, to exist, modern, to refrain, to contain, to transform;

c) cooperation, faith, distinct, insistence, requirement, matter.

16. �� , �ᒺ�� (1�5) �� (��).

1. There is no single international document �

2. The modern roots of international law can be traced �

3. Local laws governed �

4. The norms of modern international law �

5. Sovereignty is the dual �

�. ...to the seventeenth-century philosopher Hugo Grotius.

�. ...right of a nation to govern the affairs of its inhabitants and to be free from external control.

�. ...continue to be created through agreements.

�. ...the conduct of individuals within each city-state.

�. ...that lists all principles of modern international law.

17. �� :

What is international public law?

Are the rules of international law of a normative character?

Can one nation create or modify international law?

Where have different systems of international law come into existence?

Who was referred to as the �father of international law�?

What does the term sovereignty mean?

Does each nation possess sovereign power within its own territory?

What are the main differences between old and modern international law?

What document are the basic principles of modern international law embodied in?

What are the main principles of modern international law?

What principles of international law were additionally adopted in 1975?

What is the basic task of international law?

�� 

18. �� Human Rights� (�� ��1) �� .12 �� , � �� :

�) �� ;

�) �� .

19. �� ��1 �� , �� . �� , � �� .

to vest responsibility; humanitarian intervention; human dignity; milestone; multilateral treaty; protection of minorities; to constitute a juridical notion; to deal with the protection of the individuals; state responsibility for injuries to aliens; to prevent violations of human rights; the Security Council; the Trusteeship Council; the Economic and Social Council; to inaugurate a human rights program; to adopt on a global scale; Declaration of Independence; the International Covenant on Economic, Social and Cultural Rights; to hold international peace; mankind�s struggle for freedom; customary international law; periodic compliance reports; internal affairs; executive body; the strengthening of technical assistance; judicial body; enforcement machinery.

20. �� , �� ��1:

Modern international human rights law is �

International human rights law has its historical �

The Universal Declaration of Human Rights was �

The Trusteeship Council is �

In 1966 the UN General Assembly drafted �

In Europe there are 2 basic human rights treaties �

A human right is something that �

21. �� ��1, �� . �� . �� , �� .

��1

HUMAN RIGHTS

1 ��A human right is something that pertains to all men at all times. Fundamental laws of human rights are: 1) human rights constitute a juridical notion; 2) in the legal system human rights are covered by two branches of law � international and constitutional; 3) human rights cannot be withheld by a state. All states profess that they must observe the human rights of their citizens.

2�� International law of human rights is defined as the law, which deals with the protection of the individuals and groups against violations by governments of their internationally guaranteed rights, and with the promotion of these rights. Modern international human rights law is a post-World War II phenomenon. Its development can be attributed to the monstrous violations of human rights of the Hitler era. Some of these violations might have been prevented if the protection of human rights existed and worked more effective.

3� International human rights law has its historical antecedents in a number of international legal doctrines and institutions. The most important of them are humanitarian intervention, state responsibility for injuries to aliens, protection of minorities, the League of Nation�s Mandates and Minorities systems, and international humanitarian law.

4�� The Charter of the United Nations vests responsibility for the guarantee of human rights in the General Assembly and, under the General Assembly�s authority, in the Economic and Social Council. The Trusteeship Council is concerned with human rights in trust territories, and the Security Council can take jurisdiction over human rights questions when it holds that international peace and security are endangered.

5�� The UN inaugurated a human rights program, often referred to as the International Bill of Rights. Its first part, known as the Universal Declaration of Human Rights, was proclaimed by the General Assembly in 1948. The Universal Declaration of Human Rights was the first comprehensive human rights document to be adopted on a global scale. The Declaration ranks with the Magna Carta, the French Declaration of the Rights of Man and the American Declaration of Independence as a milestone in mankind�s struggle for freedom and human dignity. It contains two categories of rights. The first is civil and political rights. The second is economic, social and cultural rights. Like the UN Charter, the Universal Declaration does not require a state to immediately provide these rights to populace. Universal acceptance of this resolution made it binding as a matter of customary international law.

6�� In 1966, the UN General Assembly drafted two more human rights documents: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Being another components of the International Bill of Rights, they were drafted from earlier human rights documents in the form of a multilateral treaty. The UN�s eighteen-nation Human Rights Committee examines the periodic compliance reports submitted by the treaty parties.

7�� There are several regional human rights programs. Most restate the same rights contained in the UN-based human rights documents. In Europe, there are two basic human rights treaties: the European Human Rights Convention (HER Treaty) and the European Social Charter. Europe�s enforcement machinery consists of specialized executive and judicial bodies. The Executive body is the European Commission on Human Rights. The judicial body is the European Court of Human Rights.

8�� The World Conference on Human Rights, held in Vienna in 1993, emphasized the strengthening of the United Nations technical assistance and monitoring activities. With the adoption of the Vienna Declaration and Programme of Action by the United General Assembly that year, a policy for sweeping innovation in the area of human rights was written. Since then, the advocacy and protection of human rights have become of virtually all United Nations activities.

9�� Securing human rights remains and will continue to remain primarily an internal affair of states. The rights guaranteed in all written documents are enforced on the national and international level. So, the norms and principles of the international protection of human rights are undergoing further development.

ϳ�� 

22. �� ��1 �� 䳺��-��-�� . �� , ��, �� , �� .

23. �� ��1 ��, �� , ��-�� 䳺��, �� . ��-�� .

�� 2

�� 

24. ��, �� .

1. �� :

Which organ is charged with ensuring that the law of the European Union is upheld?

�) The European Court of Human Rights

�) The European Court of Justice

�) The European Court of Auditors

How many Members are there in the European Parliament?

�)�� 626 �� �) 25�� �) 651

Which organ plays the main role in legislative process?

�) The European Parliament

�) The European Commission

�) The European Council

2. �� (��  ��2) �� .16 � ��-�� . �� , �� .

25. �� , �� , �� . �� , �� .

Nominee; union; institution; opinion; body; Parliament; Council; court; justice; auditor; bank; investment; to elect; Ombudsman; co-decision; to ensure; accountability; citizen; to exercise; to legislate; supervision; to monitor; a motion; procedure; censure; power; government; legislation; budget; to comprise; presidency; to submit; to enforce; post; to share; to uphold; to implement.

26. �� ��2 �� , �� , �� .

Key; monitors; plays; progress; work; judges; present; heads; state.

27. �� (� �� -�� ), �� ��2 �� . �� , � �� . �� �� , �� .

To preside; consistent; accountable; representative; international; to decide; political; to enforce; to direct; competitive; to institute; to invest; to supervise; to resign; president.

28. ��, �� , �� . �� ��2, �� .

Information; region; economic; to interpret; problem; democratic; procedure; financial; budget; auditor; implementation; nominee; proposal; programme; to interview; strategy; process; configuration.

29. �� ��2 �� institution �� body, ��, �� .

30. �� ��2 �� , �� ) �� ), �� .

1) to monitor � a) �� ) ��

2) to exercise � a) �� ) ��

3) directly�� a) �� ) ��

4) terms�� a) �� ) ��, ��

5) to meet�� a) �� ) ��

6) action�� a) �� ) ��

7) institution� � a) �� ) �� (��.)

31. �� ��2 �� , ��  European, �� -��.

32. �� ��2; �� , ��-�� , �� , �� .

Members of the European Parliament are directly elected to the European Parliament by the citizens of the EU for a five-year term.

The main task of the European Court of Justice is to hear actions brought by private citizens.

The Commission President is appointed by the most powerful Member State.

The European Parliament exercises democratic supervision over the other EU institution.

The Court of Auditors has the role of ensuring that the budget of the EU is spent properly.

Advocates-General represent interests of citizens in the European Court of Justice.

33. �� ��2 �� .

��2

INSTITUTIONS AND BODIES OF THE EU

The European Union is made up of a number of different institutions and bodies. Each of them plays a particular role in the process of the EU functioning. The institutions of the EU are: the European Parliament, the Council of the European Union, the European Commission, the European Court of Justice, the European Court of Auditors (ECA). The bodies of the EU are: the Economic and Social Committee, the Committee of the Regions, the European Central Bank (ECB), the European Investment Bank, the European Ombudsman. Below there is more detailed information about the main EU institutions.

The European Parliament. Since 1979 the 626 Members of the European Parliament (MEPs) are directly elected to the European Parliament by the citizens of the EU for a five-year term. This ensures the democratic accountability of the Parliament. The Parliament has three key functions. It legislates, usually using the co-decision procedure with the Council. It exercises democratic supervision over the other EU institutions. In fact, the Parliament has the power to pass a motion of censure calling for the resignation of the European Commission. Finally, the Parliament decides the EU annual budget jointly with the Council. It also monitors how the Commission has handled the annual budget every year. The Parliament meets in Plenary and Committee format to progress its work.

The European Council. The European Council comprises the Heads of State or Government of each Member State, the Foreign Ministers of the EU Member States, and the President of the Commission. The European Council decides the strategic political direction for how the EU can move forward and develop. The European Council meets at least every six months, normally twice during each EU Presidency.

The Council is a key part of the decision making process of the EU. It comprises Ministers representing each of the Member States. The Council has the main role in agreeing legislation, although in recent years this has been shared more and more with the Parliament under the co-decision procedure. The Council meets in different configurations, depending on the matters under discussion. The nine Council configurations are: General Affairs and External Relations, Economic and Financial Affairs ("ECOFIN"), Justice and Home Affairs, Employment, Social Policy, Health and Consumer Affairs, Competitiveness (Internal Market, Industry and Research), Transport, Telecommunications and Energy, Agriculture and Fisheries, Environment, Education, Youth and Culture. The Ministers in Council are accountable to their own national parliaments for the decisions made in the Council.

The European Commission. The European Commission is a politically independent institution charged with powers of representing and upholding the interests of the EU as a whole. It submits proposals for new legislation, policies and programmes. It is responsible for implementing the decisions of the Council and the Parliament and also for enforcing the European Law. Finally, the Commission is responsible for the budget of the EU.

The Commission currently consists of 20 members. France, Italy, Spain, the UK and Germany appoint two Commissioners each, whereas all other Member States appoint one each. The Member States agree a nominee for the post of Commission President, who then chooses the Commissioners through consultations with the Governments of the Member States. The entire Commission is then interviewed by the Parliament, which must approve their appointments.

The European Court of Justice. The European Court of Justice is charged with ensuring that the law of the EU is upheld, interpreted and applied consistently in all Member States. The European Court judges � one per Member State � are appointed for a six years term. There are eight Advocates-General, who present reasoned opinions on cases before the Court. The Court of First Instance, established in 1989, gives rulings on certain kinds of cases, in particular actions brought by private citizens.

The European Court of Auditors. Each Member State has one representative as a Member of the Court of Auditors. They are appointed for terms of six years. The Court of Auditors has the role of ensuring that the budget of the EU is spent properly.

ϳ��

34. �� ��2 �� , �� , �� .

To create; issue; to consist of; various; certain; to include; to evolve; ahead; usually; the main; to divide; entire; to be entitled.

35. �� ��2 �� :

indirectly; separately; elected; dependent; foreign; improperly; appointment.

36. �� ��2 � �� . �� -�� , �� .

�� ; ��; �� ; �� ; �� ; �� ; �� ; �� .

37. �� . � �� -�� ��2.

To be made up � a number of different institutions; �Members � the European Parliament; to be elected � the citizens of the EU � a five years term; to agree a nominee � a post � �Commission President; to submit proposals � new legislation; �to consist �; to be charged � powers; to be accountable � national Parliament.

38. �� ? �� .

Meets in different configurations; directly elected by the �citizens of the European Union; decides the strategic political �direction; enforces the European Law; exercises democratic �supervision over EU institutions; implements the decisions of the Council; has power to pass a motion of censure; Justice and Home Affairs; a key part of the decision making process; decides the EU annual budget jointly with the Council; meets in Plenary and �Committee format; the President of the Commission; to agree a nominee to the post of Commission President;

39. �� �� ��2 �� .

Is the European Parliament the only legislative body of the

EU?

What does the term �co-decision procedure� mean?

Who appoints the Head of the European Commission?

How is the European Commission formed?

How are Members of the European Parliament elected?

What are the main functions of the Parliament?

What is the composition of the European Council?

What is the European Commission responsible for?

What does the Court of First Instance do?

�� 

40. �� The European Court of Justice� (�� ��2) �� . 20 �� , �� . �� .

41. ��  ��2 � �� :

�) �� ;

�) �� , �� ;

�) �� .

42. �� ��2.

��2

THE EUROPEAN COURT OF JUSTICE

1�� The Court comprises thirteen judges, and is assisted by six Advocates-General whose duties are to present publicly, with complete impartiality and independence, reasoned conclusions on cases submitted to the court with a view to assisting the latter in the performance of its duties.

Judges and Advocates-General are chosen �from amongst persons of indisputable independence who fulfill the conditions required for the holding of the highest judicial office in their respective countries or who are jurists of recognised competence�. They are appointed for a term of six years by the governments of member states acting in common agreement. They retire in rota and are eligible for re-appointment; the President of the Court is appointed, for a term of three years, by the judges from among their number. The Court appoints its own registrar and lays down rules governing his service.

The Court has the power to adopt its own rules of procedure, which must be submitted to the Council for unanimous approval. The Court as a rule sits in plenary sessions, but it may set up chambers, comprised of three or five judges, to deal with certain categories of cases. It must always sit in plenary session to hear cases submitted to it by a member state or by one of the institutions of the Community, and in such circumstances where it is requested to do so.

In addition to the Court of Justice itself, a Court of First Instance was created in 1988. It comprises 12 members, who sit in chambers of three or five judges, though having the power in some circumstances to sit in plenary session. It exercises the jurisdiction of the Court of Justice in relation to (a) disputes between the Communities and their servants; and (b) actions brought by natural or other legal persons against the Community. It doesn�t have jurisdiction to deal with references. There is a right of appeal to the Court of Justice on a point of law. This Court is of great importance and its rulings can be of far-reaching effect. The purpose in the creation of the Court was to lessen the workload of the Court of Justice itself, thus facilitating more speedy resolution of cases.

2�� The main jurisdiction is as follows:

� Judicial review of the actions of the Community institutions. The Court can review the legality of acts of the Council and the Commission, other than Recommendations or Opinions. Similar powers are granted in respect of failures to act. Such actions may be brought by a member state, the Council or the Commission, on the ground of lack of competence, infringement of an essential procedural requirement, and infringement of a provision of the Treaty or of any rule of Community law. The capacity of an individual to bring such an action is limited: only those to whom a decision has been addressed, or to whom a decision addressed to another person is of direct or individual concern, may do so, and these terms have been restrictively interpreted;

� Actions brought by the Commission. If the Commission considers that a member state has failed to fulfil an obligation under the Treaty it may bring the matter before the Court of Justice. This basis of challenge is the largest source of the work of the Court;

� Action brought by member states;

� The Court has power to deal with certain cases concerning disputes to which ordinary individuals (as opposed to member states or Community institution) may be parties. Thus it has jurisdiction in disputes relating to compensation for damage caused by the institutions of the Communities or by their servants in the performance of their duties and in disputes between the Community and their servants within the limits and under the conditions laid down in the staff regulations or the conditions of employment. This jurisdiction is exercised by the Court of First Instance;

� References under Article 177. Article 177 creates a power, and in some circumstances imposes a duty, to refer questions concerning the interpretation of European law to the Court of Justice. It plays a key role in ensuring the preservation of the Community character of the law established by the Treaty, and has the object of ensuring that in all circumstances this law is the same in all states of the Community.

ϳ�� 

43. �� ��2 ��, �� , �� .

44. �� 2 ��� 䳺��, �� .

��

VI� � � � � � � �

�� 1

��

45. �� -�� . �� .

Various, entity, to vary, to multiply, to range, purpose, vastly, superior, con�eivable, judicial, pattern, governance, authority, whole, justiciable, foreign, affairs, provision, to embrace, medieval, to prescribe, science, particular.

46. �� , �� , �� ;� �� :

a) idea, proposal, doctrine, sense, term, interpretation, �statute, tolerance, alternative, constitutionalism, myriad, democracy, function, concept, condition, process, civilization, philosopher, jurist, president, subject, criterion, anarchy, jurisprudence, antiquity, analysis, effectiveness, distribution, dictator;

b) complex, natural, modern, sovereign, political, universal, formal, private, popular;

c) to control, to regulate, to test.

�) ��  �Constitutional Law� (�� ��3) �� .27 �� -��;

�) �� , �� .

47. �� ��3 ��, �� -�� , �� :

��, ��, ��, ��, ��-��, ��, ��, ��, ��, ��, ��, ��, ��, ��, ��, ��, ��, ��, ��, ��.

48. ��, �� , �� . � �� .

Document, to constitute, administration, to govern, effective, to rule, to operate, to state, recognition, definite, to conceive, �difference, applicable, expansion, derivative, to think, to contribute, to distribute, to establish, valid, to conform, violate, provide,

��	ĳ��	��

�) �� , �� , �� ��3. ��, �� , ��-�� , ��-�� .

49. ���  government, �� �� :

� �� 

executive government � ��

judicial government � ��

legislative government � ��

� �� , ��, ��

a system of government � ��

to carry out the government of the state � �� -�� (��) ��

� �� , �� , �� 

democratic / republican / federal / parliamentary / constitutional government �

�� / �� / �� / �� / ��

� ��

Liberal / Labour / Conservative Government � �� /

�� / ��

representative / shadow / foreign government � ��-�� / �� / ��

to form the government � ��

� ��

government investigation � ��

�) �� , �� government, �� :

arbitrary government��

authoritarian government��

colonial form of government��

presidential government��

government of the day��

government offices��

local government��

government officials��

government(al) department��

government(al) regulation��

government�s term of office��

Her Majesty�s Government��

military government��

mixed government��

organs of government��

parliamentary government��

provisional government��

to dissolve the government��

�) �� ��3 ��  government;

�) �� , ��  � �� government.

50. ��  ��3 �� :

law, national, constitutional, political.

51. �� -�� . �� .

1) gradual�� a) inconceivable

2) conceivable�� b) invalidity

3) validity�� c) inferior

4) prescribe�� d) sudden

5) superior�� e) proscribe

52. �� , �� , �� .

A anarchy, government, to function, fundamental, �social, formal, to regulate, impact, precedence.

�� official, to control, disorder, priority, to operate, public, �authority, essential, effect.

53. �� , �� -�� . �� 3 � �� .

Provision � a condition in an agreement or law

to expand � to become larger in size, number or amount

impact � the effect or influence that an event, situation has on someone/something

to be rooted in � to have developed from something

contribution � something that you give or do to help something be successful

54. �� ��3, �� . ��, �� -�� . �� -�� 3.

� Meaning of constitution derives from its interpretations.

� Definition of constitutional law.

�Universal idea of constitutionalism.

�Brief history of constitutional law.

�Principles of constitutional government.

� Anarchy is alternative to constitution.

55. �� 3, �� -�� , �� .

��3

CONSTITUTIONAL LAW

1� Constitutional law determines the relationship of the citizen to the state and controls the operation of the various branches of the state. Constitutional law consists of doctrines and practices that govern the operation of the political state. All states may be said to have constitutions, whether or not they are written in documentary form. Most, though not all, national governmental entities now have written constitutions. The idea of constitutionalism may be described as universal, though the content and effectiveness of the concept varies a great deal from country to country. As states have multiplied in number, so have constitutions and with them the body of constitutional law.

2� In the broadest sense, a constitution is a statement outlining the agreed basic principles of formal organizations ranging from national governments to private clubs. It establishes the structure and purposes of the organization and the rights of its citizens or members. It also defines the powers of officers, how they are selected, and how long they can stay in office. The constitution is that of a higher law that is operative, a law that takes precedence. In political philosophy, the principles of constitutional government often have been based on a belief in a higher law � a body of universal principles of right and justice that is superior to detailed, everyday law. In modern democracies, a constitution�s function is to put everyone � including the rulers � under law.

3�� Every national state has a constitution, at least in the sense that it operates its important institutions according to some fundamental body of rules. In this sense of the term, the only conceivable alternative to the constitution is the condition of anarchy. Constitutions may be written or unwritten; they may be complex or simple; they may provide for vastly different patterns of governance. Even if the only rule that matters much is the supreme authority of an absolute dictator, that may be said to be the constitution.

4� Constitutional law describes the whole body of interpretations that apply the constitution to the myriad institutions, functions, and problems of the state. In some countries, jurists look to judicial decisions for much of their constitutional law. But not all constitutional questions are justiciable, such as those relating to the conduct of foreign affairs by the American president, and for such matters constitutional law is developed by branches of government other than judicial. In large sense, in all states, the meaning of the constitution derives from the interpretations of all who are involved in processes of government. When a legislative body adopts a statute, it may well establish or expand thereby the meaning of a constitutional provision, and acts of the executive often have the same impact. The citizen also, by his behaviour, helps to establish the content of constitutional principles. The scope of free speech often depends as much upon the limits of public tolerance as upon how judges define it in law cases. Constitutional law, therefore, embraces the whole body of doctrines and practices that derive from the constitution among all who live under it and who are subject to its provisions.

5�� That the political community is governed by law and that its highest law is rooted in natural law concepts has been a central element of political theory and jurisprudence in the world since the time of the Greek city-states of antiquity. Aristotle (384 � 322 BC) recognized and classified various kinds of constitutions. Ancient Greek thinkers devoted a great deal of attention to the analysis of internal changes within the state, they were deeply concerned with the constitutional problems. The development of law was Rome�s greatest contribution to civilization. There was a gradual development of the concept of law as legislation and of the concept of the need for popular consent to law. The medieval schoolmen recognized that people are sovereign and have natural rights. In the mid-17^th century, considerable efforts were made to state basic principles of constitutional law in specific documentary form. Much of modern thinking about constitutionalism derives from the writings of the English common-sense philosopher John Locke who provided a classic analysis of the concept of the state.

6�� The constitutional law can be defined as:

1) that branch of the public law of a nation or state which treats of the organization, powers and frame of government, the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the relations of government and citizen, and which prescribes generally the plan and method according to which the public affairs of the nation or state are to be administered;

2) that branch of the science of law which treats of constitutions, their establishment, construction, and interpretation, and of the validity of legal enactments as tested by the criterion of conformity to the fundamental law.

The term constitutional law is also referred to a law, which agrees with the constitution, one that is not in violation of any provision of the constitution of the particular state.

ϳ��

56. �� ��3 ��, �� -�� , �� ��:

1) the science of the truths or principles underlying all knowledge � ph�.y;

2) a form of government in which the supreme power is vested in the people � d �.y;

3) a lawyer; a judge; a writer on law � j �.t;

4) laws and principles according to which a state is governed � c �.n;

5) a ruler who has absolute authority often obtained by force � d �.r;

6) rule made for the proper regulation of a community or society � l �.w;

7) absence of government or control; disorder; confusion � �a �.y;

8) doctrines and practices that govern the operation of the political state � c �.l� l �.w.

57. ��, �� (� �� ), ��� ��3 �� .

Evolution, different, to control, to determine, aim, priority, powers, certain.

�� :

unconstitutional, written, public, duty, simple, external.

58. �� , �� , ��  ��3.

1) Constitutions may be � . 2) A constitution is a statement outlining � . 3) The principles of constitutional government are based � . 4) The condition of anarchy is � . 5) In modern democracies, the constitution�s function is � . 6) The central element of political theory and jurisprudence has been the idea that � . �7) Aristotle was the first who � . 8) Rome�s greatest contribution to civilization was � . 9) The medieval schoolmen recognized that � . �10) John Locke provided � .

59. �� ��3 �� , �� :

�� ; �� ; �� ; �� ; �� ; �� ; �� ; �� ; ��; �� .

60. �� :

What does the constitutional law consist of?

What is the definition of a constitution?

What are the principles of constitutional government?

What doctrines and practices govern the operation of a state and derive from the constitution?

Who contributed to the constitutional law development?

Can we define the constitutional law as a branch of public law?

What department of the science of law treats of constitutions?

What laws can be considered as constitutional?

�� 

61. �� Characteristics of Constitutions� (�� ��3) �� .31 �� :

�) �� ;

�) �� , �� .

62. �� ��3 ��  ��; ��, �� , �� :

written constitution, not ordinary statutes, constitutional significance, precision, simplicity, consistency, invites disputes and litigation, rigidity, must be amended.

��3

CHARACTERISTICS OF CONSTITUTIONS

1�� Every state has a constitution, since every state functions on the basis of certain rules and principles. It is often� asserted that the United States has a written con�stitution but that the constitution of Great Britain is un�written. This is true only in the sense that in the United States there is a formal document called the Constitution, whereas there is no such document in Great Britain.

2�� However many parts of the British constitution exist in written form, whereas important aspects of the Ameri�can constitution are wholly unwritten. The British con�stitution includes the Bill of Rights (1689), the Act of Settlement (1700-01), the Parliament Act of 1911, the successive Representation of the People acts (which extended the suffrage), the statutes dealing with the struc�ture of the courts, the various local government acts, and many others. These are not ordinary statutes, even though they were adopted in the ordinary legislative way, and they are not codified within the structure of a single orderly document.

3�� On the other hand, such institutions in the United States as the presidential cabinet and the system of political parties, though not even mentioned in the written constitution, are most certainly of constitutional significance. The presence or absence of a formal written document makes a difference, of course, but only one of degree. A single document has such advantages as greater precision, simplicity, and consistency. In a newly developing state such as Israel on the other hand, the balance of advantage has been found to lie with an uncodified constitution evolving through the growth of custom and the medium of statutes.

4�� Experience suggests that some codified constitutions are much too detailed. An overlong constitution invites disputes and litigation, is rarely read or understood by the ordinary citizen, and injects too much rigidity in cases in which flexibility is often preferable. Since a very long constitution says too many things on too many subjects, it must be amended often, and this makes it still longer. The 1949 constitution of India, with 395 articles, is the wordiest of all national constitutions. In contrast, some of the world's new constitutions, such as those of Japan and Indonesia, are very short indeed.

ϳ�� 

63. �� , ��, �� �� ��3, �� -�� . �� .

1. The British constitution is described as rigid because it cannot be amended by Parliament in the ordinary legislative way.

2. The United States Constitution is one of the longest constitutions.

3. Every state functions on the basis of certain rules and principles.

4. In the United States there is no formal document called the Constitution.

5. The British constitution consists of the Bill of Rights, the Act of Settlements, the Parliament Act, the Representation of the People acts, the statutes dealing with the structure of the courts, the various local government acts, and many others.

6. No part of the British constitution exists in written form.

7. The U.S. Constitution includes such institutions as the president, cabinet and the system of political parties.

64. �� , ��  ��3.

1. Every state has a �

2. The British Constitution includes �

3. The presence or absence of a �

4. The British constitution was described �

5. A single-document constitution �

6. However many parts of �

7. An overlong constitution �

65. ��  ��3, �� . �� , �� -��.

�� 2

��

66. �� -�� . �� .

Remuneration, employment, welfare, insurance, requirements, tort, concerned, labour, earner, wage, strengthening, employer, beyond, fair, tenancy, disadvantaged, encompasses, settlement, grievances, secures, prevalence, awards.

67. �� , �� -�� , �� , �� .

Management, homogeneous, tribunal, industries, originally, transformed, tendency, modern, collective, individual, personal, autonomy, substance, obligations, elements, business, standards, inspection, jurisdiction, procedure, process, variations, guarantees.

�) ��  �Labour Law� (�� ��4) �� .36 �� ;

�) �� .

68. �� , �� , �� , �� ; �� .

Labour, term, to vary, matter, administration, provision, particular, comprehensive, insurance, property, to relate, requirements, to deal with, to govern, to grow out, branch, legal, extent, to eliminate, to include, rural, to intend, welfare, to strengthen, appointment, contract, remuniration, agreement, authority, enforcement, grievance, agreement.

�) �� ��4, ��, � �� -�� ;

�) �� .

69. �� , �� -��, �� .

ĳ��		��	��
��.	��.	��	��.	��.
To appreciate	��	- tion
To predict	��	- tion
To protect	��	- tion
To provide	��	- sion
To promote	��	- tion
To develop	��	- ment
To manage	��	- ment
To agree	��	- ment
To facilitate	��	- tion
To employ	��	- ment

70. ��  ��4 �� 䳺�� . �� .

To interpret; to compose, to settle, to employ, to ensure, to constitute; to state, to contract, to produce, to consider, to regulate, to prevail, to solve, to recognize, to regulate; to organize; to increase; to free; to remunerate.

71. �� ��4 �� :

general, separate, individual, disability, old, danger, special, to exclude, united, collective, young, ability, to include, safety.

72. ��� ��4 �� :

relation(s)/relationship(s), labour, legislation.

73. �� , �� . �� ��4 �� .

Remuneration � the pay you give someone for something they have done for you

to undercut � to sell goods or a service at a lower price than another company

welfare � (AmE) money that is paid by the government in the USA to people who are poor or unemployed

social security � (BrE) government money that is paid to people who are unemployed, old, ill etc.

insurance � an arrangement with a company in which you pay them money, especially regularly, and they pay the costs if something bad happens, for example if you become ill or your car is damaged.

74. �� ��4, ��, � �� :

�) �� ;

�) �� .

75. �� ��4 ��, �� . �� , ��-�� .

��4

LABOUR LAW

1�� Labour law is the term used to describe the varied body of law applied to such matters as: employment; individual employment relations; wages and remuneration; conditions of work; health, safety, and welfare; social security; trade unions and labour management relations; the administration of labour law; special provisions for particular occupational or other groups. In its most comprehensive sense it also includes old age and disability insurance.

2�� Unlike the laws of contract, tort, or property, the elements of labour law are less homogeneous than the rules governing a particular legal relationship. In addition to the individual contractual relationships growing out of the traditional employment situation, labour law deals with the statutory requirements and collective contractual relationships that are increasingly important in mass-production societies, the legal relationships between organized economic interests and the state, and the various rights and obligations related to some types of social services.

3�� Labour law has now won the recognition as a distinctive branch of the law within the academic legal community. But the extent to which it is recognized as a separate branch of legal practice varies widely depending partly on the extent to which there is a labour code or other distinctive body of labour legislation in the country concerned, partly on the extent to which there are separate labour tribunals, partly on the extent to which an influential group of the legal profession practice specifically as labour lawyers.

4�� In the early phases of development the scope of labour law is often limited to the most developed and important industries, to undertaking above a certain size, and to wage earners. As a general rule, these limitations are gradually eliminated and the scope of the law extended to include handicrafts, rural industries and agriculture, small undertakings, and self-employed, and office workers. Thus a body of law originally intended for the protection of the working class is gradually transformed into broader welfare legislation.

5�� The general tendency in the modern development of labour law has been the strengthening of statutory requirements and collective contractual relations at the expense of individual employment relationships. How important these latter remain depends, of course, on the degree of personal freedom in the given society as well as the autonomy of both employer and worker allowed by the actual operation of economy. In such matters as hours of work, health and safety conditions, or labour management relations, the statutory or collective elements may define most of the substance of the rights and obligations of the individual worker, while with respect to such things as the duration of his appointment, his level and extent of responsibility, or his place in the scale of remuneration, these elements may provide what is essentially a framework of individual agreement.

6� The scope of labour law also grows beyond the employment relationship as important parts of it are increasingly made applicable to the self-employed. This has been done partly, as in the case of laws regulating business hours, to prevent the undercutting by the self-employed of fair labour standards for employed persons and partly, as in the case of the extension of old age and disability insurance to the self-employed and the protection of tenancy rights of small farmers and sharecroppers, to improve the living and working conditions of disadvantaged groups who need such protection as much as employed persons.

7�� The administration of labour law is the area involving the organization and functioning of administrative authorities concerned with labour problems, including labour inspection services and other organs of enforcement. Administration of the law also encompasses the organization, jurisdiction, composition, and procedure of labour courts and other bodies for the settlement of grievances arising from existing contracts or collective agreements.

8�� The principle problem in many countries is to relate the process of labour administration and its special intimacy with labour and management to overall economic and social planning in a matter that gives proper weight to social considerations in economic policies. This problem falls mostly outside the scope of labour law, but its solution does depend in part on the extent to which labour law provides for and secures effective standards of administration.

9�� Among the distinctive elements of labour law that reflect the political, socio-economic, and legal differences from country to country are variations in the relative importance of statutory regulation and collective agreements, the prevalence of national or industrial collective agreements as opposed to company or plant agreements, the exceptional importance in certain countries of arbitral awards, and the extent to which the labour law of countries has been affected by the constitutional structure, especially with regard to judicial review of constitutionality of legislation and judicial interpretation of constitutional powers, limitations, and guarantees.

ϳ��

76. �� . ϳ�� , �� ��4.

1. Labour law deals only with the individual contractual relationships.

2. Labour law is recognized as a distinctive branch of the law only within the academic legal community.

3. The scope of labour law is limited to the most developed and important industries.

4. The duration of appointment, level and extent of responsibility and level of remuniration may be defined by individual agreement.

77. �� ��4, �� (��) �� :

1. The elements of labour law are less homogeneous.

2. Labour law is the varied body of law.

3. The extent to which Labour law is recognized as a separate branch of legal practice varies widely.

4. Labour law originally intended for the protection of the working class is gradually transformed into welfare legislation.

5. The scope of Labour law grows beyond the employment relations.

6. Modern tendency in the development of Labour law.

7. The administration of Labour law.

78. �� ��4 �� , �� -��: �� , ��, �� (�� ), ��, ��.

79. �� , �� : pay, salary, remuniration, wages, wage, income, fee. �� , �� -��, �� .

�ay � money that you are given for doing your job (that you earn by working)

salary � money that you receive as payment from the organization (employer) you work for, usually paid to you every month, especially someone in a profession, such as a teacher or a lawyer

remuniration � the pay you give someone for something they have done for you

wages � money that you earn that is paid according to the number of hours, days, or weeks that you work by your employer, especially in a factory or a shop

wage � is used instead of wages before nouns � wage (not wages!) earners

income � all the money that you receive regularly, for work or for any other reason

fee � an amount of money that you pay to do something or that you pay to a professional person (a lawyer, doctor, or similar qualified worker) for a piece of work they have done.

80. �� , �� , ��  ��4.

Duty, scientific, body, social security, to include, to concern, sphere.

81. ��  ��4 � �� . �� -�� , �� .

�� ; ��; �� ; �� (��); �� ; ��, �� ; �� ; �� ; �� ; �� (�� ); �� ; ��, �� ; ��, �� ; �� ; �� ; �� (��) �� ; �� ; �� ; �� ; �� , �� ; �� (�� ).

�� � �� 

82. �� Future of Labour law� (��� ���4) �� .41, �� . ��, �� . �� , �� , �� .

83. �� , � �� ��4. �� ? �� , � �� .

Future, law, importance, exceptionally, body, history, sense, contract, agreement, interest, chapter, women, policy, respect.

84. �� ��4 �� , �� . �� , �� , �� .

1. Labour law is one of the oldest branches of the law.

2. Nowhere Labour law is becoming more important and the general tendency continues to embrace a wide range of subjects of legislation.

3. Labour law often deals with matters previously left to collective agreement, individual contract, or the discretion of the employer.

4. Labour law is designed to serve the common interest.

5. The evolution of labour law influences the development of the separate branches of the law.

6. The legal flexibility is necessary to facilitate economic development.

85. �� ��4, �� -�� . �� , �� :

1. What does the Labour Law differ from the older branches of law in?

2. What body of law does the term Labour Law describe?

3. Why is the Labour Law becoming increasingly important?

4. What rights is the development of the Labour Law related to?

5. What do labour-management relations mean?

6. What part does the Labour Law play in defining social objectives?

��4

FUTURE OF LABOUR LAW

Labour law differs from the older branches of the law in that its history has been in some cases so much influenced by the ebb and flow of political change, its development so rapid, and its expansion on a world scale so recent, that it is exceptionally difficult to predict its future. But the general trend is clear.

Nowhere labour law is becoming less important. While some types of protective legislation, notably special provision for the protection of women workers, are losing their importance, the general tendency continues to be toward more comprehensive legislation embracing a wider range of subjects and often dealing with matters previously left to collective agreement, individual contract, or the discretion of the employer.

Irrespective of ideology or economic or social structure, the transition everywhere has been from a class law pro�tecting the weakest segment of society to a community law designed to serve the common interest. This is a development that can be seen not only in the elimination of limitations and exceptions to the law but in the increasing em�phasis of general interest�s matters, including full employment, equitable distribution of wealth, and community responsibility for the incidence of misfortune in individual lives.

Labour law serves the social interest in promoting civilized labour-management relations. This evolution of labour law is an important contribution to the evolution of the law as a whole, from a law for the propertied and trading classes with a special chapter for the working class to a common law for the entire community.

The importance of a body of law that has a dynamic and progressive impact rather than a restrictive influence is now widely understood, and the need for legal flexibility to facilitate economic development and change is increasingly appreciated. In addition, the value of delegated powers and procedures of consultation with interested groups and organizations to achieve such flexibility is more generally recognized. Social objectives remain the test of the validity of economic policy, and labour law plays a major part in defining these objectives and ensuring that economic policy respects them in the interest of the whole community.

ϳ�� 

86. �� , �� .

�� ί ��

� � � � � � ��

1. �� -�� :

European Union � history and future perspectives.

Principle forms of European Community legislation.

Hunam rights and European Union Law.

�� (��-�� ), �� [1]. �� (��-�� ), �� , � �� (��, ��, �� ), �� .

2. �� Legislation of the European Union� (��. ��., c.220) � �� , �� .

3. �� , �� :

1. Legislation of the Europen Union (c.228).

2. Human Rights (c.233).

3. The European Convention on Human Rights (c.240).

4. International Law (c.268).

4. �� Contract Law� (��. ��., �.247) �� (�� 40 � 50 ��).

5. ��, �� ), �), �). �� 5-6 ��, �� :

�) international, private, acceptable, legal, humane, authoritative, sovereign;

�) behaviour, code, law, person, sovereignty, action, state, rule, agreement, disputes, rights;

�) to establish, to institute, to impose, to consider, to observe, to settle, to respect.

6. �� -��, �� :

�� , �� , �� , ��, ��, ��, ��.

7. �� -�� :

�) �� , �� ;

�) �� 䳺��-�� , �� ;

�) �� , ��䳺� �� 䳺��, �� 䳺�� .

� � � � � � ��

1. �� -�� :

The main principles of International Law.

International Court of Justice.

Advantages and disadvantages of arbitration.

�� (��-�� ), �� . �� (��-�� ), �� , � �� (��, ��, �� ), �� .

2. �� Contract Law� (��. ��., �.247) � �� , �� .

3. �� , �� :

1. Legislation of the Europen Union (c.228).

2. Human Rights (c.233).

3. The European Convention on Human Rights (c.240).

4. International Law (c.268).

4. �� Legislation of the �European Union� (��. ��., �. 220) �� (�� 40 � 50 ��).

5. ��, �� ), �) �� ). �� 5-6 ��, �� :

�) civil, international, private, acceptable, legal, humane;

�) procedure, behaviour, code, law, person, proceedings, action, contract;

�) to punish, to criminalize, to establish, to institute, to consider.

6. �� , �� :

��, ��, ��, �� , ��, �� , ��.

7. �� -�� :

�) �� , �� , �� ;

�) �� 䳺��-�� , �� ;

�) �� , ��䳺� �� 䳺��; �� 䳺�� .

¹ �� , �� , �� : The European Union (�.180), Legislation of the European Union (c.220, 228), Human Rights (c.233), The European Convention on Human Rights (c.240), Contract Law (c.247), International Law (c.267).

������������ ������ �� ��������

��� different, social, basic, liberty, help, duty, to secure, to protect, certain, faith, usual, rule, foundation, single

����� public, freedom, to guarantee, definite, assistance, belief, ordinary, standard, basis, sole, various, fundamental, to defend, obligation.

The European Court of Auditors. Each Member State has one representative as a Member of the Court of Auditors. They are appointed for terms of six years. The Court of Auditors has the role of ensuring that the budget of the EU is spent properly.

ϳ���������� ��������

��2

THE EUROPEAN COURT OF JUSTICE

������������ ������ �� ��������

Provision � a condition in an agreement or law

ϳ���������� ��������

CHARACTERISTICS OF CONSTITUTIONS

������������ ������ �� ��������

To protect

ϳ���������� ��������

FUTURE OF LABOUR LAW

��

�� different, social, basic, liberty, help, duty, to secure, to protect, certain, faith, usual, rule, foundation, single

�� public, freedom, to guarantee, definite, assistance, belief, ordinary, standard, basis, sole, various, fundamental, to defend, obligation.

ϳ��

��

ϳ��

��

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