The Constitutional Court

The Constitutional Court is the only body that officially interprets the Constitution and can declare that a certain legal act does not comply with the Constitution and, therefore, is invalid.

The Constitutional court consists of 19 judges. There are two chambers with 9 and 10 judges in each respectively. The chambers consider the majority of cases; the most important issues are resolved on the Plenum Session of the Constitutional Court.

The Court is competent to examine laws and legal acts at federal as well as at the regional level as regards to their compliance with the constitution.

The proceeding before the constitutional court can be initiated by the president, parliament or a group of members of parliament comprising a fifth of all members of the State Duma or the Council of the Federation, the Government, the Supreme Court, the Supreme Commercial Court, legislative and executive bodies of the Subjects of the Federation. A court may suspend proceedings and ask the Constitutional Court to examine whether a particular legal Act complies with the constitution.

The Constitutional Court can also resolve disputes about competence between state bodies if the dispute cannot be resolved by other means.

Speaking tasks

Ex.45 Describe the court system of Russia according to the plan:

1. Sources of law in the Russian Federation.

2. Bodies of law.

3. The main groups of courts in the RF.

4. The Courts of General Jurisdiction (structure and competence).

5. The Commercial Courts (structure and competence).

6. The Russian Federation Constitutional Courts (structure and competence).

Ex.46. Compare the British court system and the Russian court system.

1. binding adj. –m,(of an agreement or promise) involving an obligation that cannot be broken

e.g. Business agreements are intended to be legally binding.

2. code n. — a systematic collection of laws or regulations

e.g. A criminal code (or penal code) is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law.

3. court of appeals n.— court to which appeals are taken in a federal circuit or a state

e.g. The Court of Appeal has clarified its position.

4. court of first instance n.— a court in which legal proceedings are begun or first heard

e.g. Unusual for Russian patent disputes, the court of first instance did not follow the conclusions of the forensic examination.

5. decree n.— an official order that has the force of law

e.g. According to the Constitution of Russia the President of Russia may issue decrees.

6. general jurisdiction adj.+n. – the court's authority to hear all kinds of cases, which arise within its geographic area.

e.g. A court of general jurisdiction is one that can hear different types of cases like a tort case, a contracts law case, or any number of other related cases.

7. judicial adj. – relating to the legal system and to judgements made in a court of law

e.g. There are many officers of the court, including jurors, but the Prosecutor General remains the most powerful component of the Russian judicial system.

8. invalid adj.— not legally recognized and therefore void because contravening a regulation or law

e.g. The vote was declared invalid due to a technicality.

9. judiciary n. – the judicial branch of government, the court system, or judges collectively

e.g. The judiciary must think very hard before jailing non-violent offenders.

10. private law adj.+n. – a branch of the law that deals with the relations between individuals or institutions, rather than relations between these and the state

e.g. Major subdivisions of private law include torts and contracts or the law of obligations.

11. proceedings n.— legal action taken against someone

Criminal proceedings were brought against him

12. public law adj.+n. – the law of relationships between individuals and the government

e.g. Constitutional law, administrative law and criminal law are some of the major subdivisions of public law.

13. regulations n.— rules or directives made and maintained by an authority

e.g. The European Community has proposed new regulations to control the hours worked by its employees.

14. rule of law n. – 1). a situation in which the people in a society obey its laws and enable it to function properly

e.g. I am confident that we can restore peace, stability and respect for the rule of law.

2). a legal principle

e.g. The European Court has thus established an important legal principle.

15. supervision n. – the observing and directing of the execution of (a task or activity)

e.g. First-time license holders have to work under supervision.

16. supreme court n. – the highest court in the country

e.g. The Supreme Court of the United States is the highest court in the United States.

17. to adjudicate v. - to make a formal judgement on a disputed matter

e.g. The case was adjudicated in the High Court.

18. to comply with v. — to act in accordance with what is required

e.g. We are unable to comply with your request.

19. to contradict v. — to be in conflict with

e.g. The result seems to contradict a major U.S. study reported last November.

20. to hear (a case) v. – to listen to a case officially in order to make a decision about it

e.g. He had to wait months before his case was heard.

21. to interpret v. – to explain the meaning of (information or actions)

e.g. The evidence is difficult to interpret.

22. to review cases v. – to submit (a case, etc.) for reconsideration by a higher court or authority

e.g. The Attorney General asked the court to review the sentence.

23. to veto v. – to exercise a constitutional right to reject a decision or proposal made by a law-making body

e.g. The president vetoed the bill.

24. trial court n. — a court of law where cases are tried in the first place, as opposed to an appeal court

e.g. A trial court or court of first instance is a court in which trials take place.

Date: 2015-01-11; view: 982