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Checks and Balances
1. The U.S. Constitution establishes three branches for the federal government: executive, legislative, and judicial. The three branches work together to help the country. Each branch has its own responsibilities and powers. No branch has more power than the other branches. They have balanced powers. Each branch has separate duties to check the powers of the other branches.
2. When a new state – the USA – was born, the Founders of the state thought that if there was no balance of power among different branches of government it would lead to tyranny. The problem was how to create a system of government with balanced powers. That’s why James Madison (1751 – 1836) favored the constitution that limited government by means of a) separation of powers; b) a system of checks and balances, where checks – limitation of the duties of each branch, and balances – separate powers to each branch.
3. Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its turn, can pass a law over a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the President. The President can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges: they, too, must be approved by the Senate.
4. The system of checks and balances makes compromise and consensus necessary. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish.
Основной идеей текста является …
It should be taken into account that the eventual decision of the court does not set the precedent, the latter is the rule of law which the first instance judge relied on in determining the case’s outcome.
Although legislation may override such procedural rules, the legislation itself is subject to interpretation and refinement in the courts which have a certain hierarchy in all of' the UK jurisdictions.
It is a known fact that the decision of a higher court is binding on a lower court that is the decision must be followed, and in the course of a trial the judges must refer to existing precedent.
Essential to the common law in the UK is the case law and the hierarchy of the courts where procedural rules are made that can be applicable to the case at trial and binding to the lower courts.
