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I. Rights of Citizens 1. Mini-presentations Questions

1. What are the different approaches to distinguishing civil rights and human rights? 2. What is the role of Constitution and what are its typical features in different jurisdictions (civil

law x common law)? 3. What can you find out about the Bill of Rights (US) and the Charter of Fundamental Rights

and Freedoms (CR)? 4. What might be the various contexts for the rule of law? 5. What is the purpose for the separation of powers and how are the powers separated? Explain

it on the system in the USA. 6. Can you explain the system of checks and balances in the Czech Republic?

So far, for the past three terms, we have dealt with various areas of law and principles governing them. Now we will look into the issue of liberties that may be found in the form of civil and political rights. By some, these are considered to be the “first generation” of a superordinate general concept of human rights related to the first word from the sacred triad of principles coined by the French Revolution, namely, liberty, fraternity and equality. The second generation of human rights includes economic and social rights and the third one embraces various others, sometimes called “green” ones, as they mainly stem from environmental concerns. However, others oppose this distinction claiming that human rights are universal, indivisible and interrelated, thus applying to everybody as opposed to civil rights which apply to citizens of a country. Civil rights include the freedoms of thought and conscience, speech and expression, and protection from discrimination on the grounds of sex, race or religion, among others. Political rights in turn include the right to a fair trial, the right to seek redress or a legal remedy and the right to assemble and the right to vote. All these rights form the first part of the 1948 Universal Declaration of Human Rights which is followed by economic, social and cultural rights that form the second part thereof. All rights are guaranteed by the fundamental law of many countries which is called constitution. It may also be described as the basic legal framework and a set of fundamental principles under which the state is organized. It is worth noting that Britain has no constitution as such, i.e. a constitution in the form of a single written document. Instead, principles guaranteed in other countries by constitutions (often including Bills of Rights dealing with the fundamental rights and liberties guaranteed for all citizens within the jurisdiction of a given state) can be found in various court judgments, statutes, works of authority and treaties signed by Britain. This is sometimes criticized by those who believe that rights and freedoms would be better protected by a written constitution. However, others say the lack of it has never stood in the way of the long tradition of liberties in the UK and that flexibility is what matters most. Another term worth mentioning is rule of law which is an ambiguous term that can mean different things in different contexts. In one context the term means rule according to law. No individual can be ordered by the government to pay civil damages or suffer criminal punishment except in strict accordance with well-established and clearly defined laws and procedures. In a second context the term means rule under law. No branch of government is above the law, and no public official may act

arbitrarily or unilaterally outside the law. In a third context the term means rule according to a higher law. No written law may be enforced by the government unless it conforms to certain unwritten, universal principles of fairness, morality, and justice that transcend human legal systems.

In this context it simply means that everyone, even those who make it, is subject to law, a fact often forgotten by so many who are in charge of public functions. In some countries, the rule of law is taken so literally that the decision-making power is not vested with the elected representatives of people but major decisions are taken by a national vote called a referendum. An important constitutional principle is that of separation of powers that divides the state power into three mutually independent branches that are supposed to compete with one another in order to keep the balance of power in the state. Each branch then serves as a watchdog (or a check) on the others. This is also referred to as the system of checks and balances. The purpose is to keep any branch from gaining too much power or from misusing its powers. A classic example of this system is that of the USA. The law-making power is vested in Congress but any Act passed by Congress may be vetoed by the President. Congress, in turn, can override this veto by a two-thirds vote in each house or may also “take revenge” in the form of refusing to provide funds requested by the President. The President, on the other hand, appoints important officials of the government, which is called Administration in the USA, the President partly playing the role of the Prime Minister, or Premiere, as termed in other democratic countries. There is a check on this power as the appointments must be approved by the Senate, one of the houses of Congress. The same mechanism operates in the relationship between the President and the highest judicial body, the Supreme Court, when the President names all its members, called Justices, but their appointment, too, must be approved by the Senate. The weapon in the hands of the Supreme Court has the name of constitutionality – the Court may strike down any Act of Congress or any Presidential actions. Created by the team of authors.

2. Definitions Match the terms with their definitions

1. liberty

2. equality

3. fraternity

a. being free

b. being brotherly

c. being treated the same way

1. Bill/Charter of Rights 2. constitutionality 3. justice 4. referendum 5. Supreme Court 6. system of checks and balances 7. veto

a. a declaration of individual rights and freedoms, usually issued by a national government. A list of fundamental rights included in each state constitution. b. the right reserved to the people to approve or reject an act of the legislature, or the right of the people to approve or reject legislation that has been referred to them by the legislature. c. limits imposed on all branches of a government by vesting in each branch the right to amend or void those acts of another that fall within its purview. d. the refusal of an executive officer to assent to a bill that has been created and approved by the legislature, thereby depriving the bill of any legally binding effect. e. a judge on the highest court of a government, such as a judge on the US Supreme Court

f. the highest court in its jurisdiction deciding the most important issues of constitutional and statutory law and is intended to provide legal clarity and consistency for the lower appellate and trial courts g. accordance with the provisions or principles of a fundamental law of a country

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II. Elections 1. Mini-presentations

Group 1 - Elections An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern democracy has operated since the 17th century. Elections may fill offices in the legislature, sometimes in the executive and judiciary, and for regional and local government. This process is also used in many other private and business organizations, from clubs to voluntary associations and corporations. The nature of democracy is that elected officials are accountable to the people, and they must return to the voters at prescribed intervals to seek their mandate to continue in office. For that reason most democratic constitutions provide that elections are held at fixed regular intervals. In the United States, elections are held between every three and six years in most states, with exceptions such as the U.S. House of Representatives, which stands for election every two years and for the President of the United States every four years. Elsewhere, there is a variety of schedules, for example presidents: the President of Ireland is elected every seven years, the President of Russia and the President of Finland every six years, the President of France as well as the President of the Czech Republic every five years. Pre-determined or fixed election dates have the advantage of fairness and predictability. However, they tend to greatly lengthen campaigns, and make dissolving the legislature (parliamentary system) more problematic if the date should happen to fall at time when dissolution is inconvenient (e.g. when war breaks out). Other states (e.g., the United Kingdom) only set a maximum time in office, and the executive decides exactly when within that limit it will actually go to the polls. In practice, this means the government remains in power for close to its full term, and chooses an election date it calculates to be in its best interests (unless something special happens, such as a motion of no-confidence). This calculation depends on a number of variables, such as its performance in opinion polls and the size of its majority. http://en.wikipedia.org Task: Prepare a gap-fill exercise (4 sentences with one or two missing words) Group 2 - Suffrage Suffrage, political franchise, or simply franchise is the right to vote gained through the democratic process. The question of who may vote is a central issue in elections. The electorate does not generally include the entire population; for example, many countries prohibit from voting those judged mentally incompetent, and all jurisdictions require a minimum age for voting. Suffrage is typically only for citizens of the country, though further limits may be imposed. However, in the European Union, one can vote in municipal elections if one lives in the municipality and is an EU citizen; the nationality of the country of residence is not required. In some countries (e.g. Argentina or Cyprus), voting is required by law; if an eligible voter does not cast a vote, he or she may be subject to punitive measures such as a fine. Questions of suffrage, especially suffrage for minority groups, have dominated the history of elections. Early elections in countries such as the United Kingdom and the United States were dominated by landed or ruling class males. However, by 1920 all Western European and North American democracies had universal male suffrage (except Switzerland) and many countries began to consider women's suffrage. Where universal suffrage exists, the right to vote is not restricted by sex, race, social status, or wealth. It typically does not extend a right to vote to all residents of a region; distinctions are frequently made in regard to citizenship, age, and occasionally mental capacity or criminal convictions.

Equal suffrage is sometimes confused with Universal suffrage, although its meaning is the removal of graded votes, where a voter could possess a number of votes in accordance with income, wealth or social status. http://en.wikipedia.org Task: Prepare translation (5 or 6 collocations or phrases) Group 3 - Presidential elections: US x CR United States Elections for President and Vice President of the U.S. are indirect elections. The voters cast ballots for electors of the U.S. Electoral College, who in turn directly elect the President and Vice President. Presidential elections take place quadrennially, on Election Day, the Tuesday between November 2 and 8. The process is regulated by a combination of both federal and state laws. Each state is allocated a number of Electoral College electors equal to the number of its Senators and Representatives in the U.S. Congress. Under the U.S. Constitution, each state legislature is allowed to designate a way of choosing electors. Thus, the popular vote on Election Day is conducted by the various states and not directly by the federal government. Once chosen, the electors can vote for anyone, but – with rare exceptions like an unpledged elector or faithless elector – they vote for their designated candidates and their votes are certified by Congress, which is the final judge of electors, in early January. The American president takes the following oath: “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” Czech Republic After the dissolution of Czechoslovakia and the adoption of a new constitution in 1992, the office of President was filled by votes by a joint session of the Chamber of Deputies and the Senate of the Czech Republic. The possibility of a directly elected President has been controversial because of concerns that it could weaken a government under the Prime Minister. On 14 December 2011, the Chamber of Deputies passed the constitutional amendment for direct elections by a vote of 159 out of 192. This was then sent to the Senate, which passed the amendment on 8 February 2012 after five hours of debate. The first direct presidential election in the Czech Republic was held on 11–12 January 2013. No candidate received a majority of the votes in the first round, so a second round runoff election was held on 25–26 January. The Czech president takes the following oath: “I swear allegiance to the Czech Republic. I swear to observe its Constitution and laws. I swear upon my honour that I shall perform my office in the interest of all the people, and to the best of my belief." http://elections.uslegal.com/presidential-elections/#sthash.5f1AtEaP.dpuf , http://en.wikipedia.org Task: Prepare a crossword puzzle (not a very long one, 7 answers and clues maximum) or a physical task Group 4 - Polling Day in the CR Polling for elections takes place on days determined by the government and during prescribed hours. Voters are informed about voting locations and times in their municipalities by the mayor at least 15 days before the date of the elections. If there is more than one district in the municipality, as is the case with most of Prague, the mayor provides information on which parts of the municipality fall into which district. The addresses of the polling stations for each district are also provided in the announcement. When entering the polling station, the voters’ names are checked against the election register before the voters are given ballot papers that list the names of the candidates of particular political parties. Voters are supposed to mark their ballot papers with a cross in the box opposite the name of a particular candidate of their choice, or the name of the party they prefer, which is more often the case.

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The act of voting takes place behind a screen where the voters also put their ballot papers into envelopes that they subsequently cast into the ballot box. The following laws and regulations must be observed. Voters failing to enter the section designated for the completion of ballot papers shall not be entitled to vote by the district election committee. No other person shall be present in the section designated for the completion of ballot papers together with the voter. This rule applies equally to members of the district election committee. Voters unable to complete their ballot papers themselves as a result of their disability or failure to read or write may invite another voter to the section designated for the completion of ballot papers to help them complete their ballot papers and enter them into the official envelope. Such assistance shall not be provided by a member of the district election committee. http://www.mvcr.cz/mvcren/article/information-for-citizens-of-other-eu-member-states-on-voting-in-

the-european-parliament-elections-in-the-czech-republic.aspx http://www.expats.cz/prague/article/czech-culture/voting-czech-republic/

Task: Prepare a matching collocation exercise (adjective – noun, verb – noun,…) Group 5 - Who is eligible to vote in the UK? Before you can vote in UK elections or referendums you need to register to vote. Your name and address will then appear on the electoral register. You can register at 16, but you cannot vote until you are 18. In a UK parliamentary general election, registered voters in every area of the country vote for an MP to represent them in the House of Commons. There are 650 geographical areas - these are called constituencies. You are eligible to vote in a UK parliamentary general election if you are registered to vote and aged 18 or over on polling day, a British citizen, Commonwealth citizen or a citizen of the Irish Republic, and you are not in a category barred from voting (convicted persons detained in pursuance of their sentence, and anyone found guilty within the previous five years of corrupt or illegal practices in connection with an election). You cannot vote in a UK parliamentary general election if you are a member of the House of Lords, a European Union citizen (and not also a British, Irish or Commonwealth citizen). Citizens of the European Union (who are not Commonwealth citizens or Citizens of the Republic of Ireland) can vote in European and local elections in the UK, elections to the Scottish Parliament and Welsh and Northern Ireland Assemblies (if they live in those areas) and some referendums (based on the rules for the particular referendum) but are not able to vote in UK Parliamentary general elections. You can vote at a polling station, by post, or by proxy. Voting by proxy means getting someone to vote on your behalf. You can apply to vote by proxy for a single election on a specific date, for specific period, or permanently. You can only apply for a proxy vote under certain circumstances, including being abroad on election day, having a medical issue or disability, or not being able to vote in person because of work or military service. You will need to give the reason why you are applying for a proxy vote. https://www.gov.uk/voting-in-the-uk/overview Task: Prepare a True x False exercise (4 or 5 sentences) Group 6 - Corrupt practices Electoral fraud or vote rigging is illegal interference with the process of an election. Acts of fraud affect vote counts to bring about an election result, whether by increasing the vote share of the favored candidate, depressing the vote share of the rival candidates, or both. What is electoral fraud under law varies from country to country.

Many kinds of election fraud are outlawed in electoral legislation, but others are in violation of general laws, such as those banning assault, harassment or libel. Although technically the term 'electoral fraud' covers only those acts which are illegal, the term is sometimes used to describe acts which are legal but nevertheless considered morally unacceptable, outside the spirit of electoral laws, or in violation of the principles of democracy. Electoral fraud can occur at any stage in the democratic process, but most commonly it occurs during election campaigns, voter registration or during vote-counting. The main types of electoral fraud are - preventing eligible voters from casting their vote freely, which can include voter intimidation, putting undue pressure on a voter or group of voters so that they will vote a particular way, or - vote buying, giving money or other rewards for voting in a particular way, which is in some jurisdictions referred to as “electoral treating”. - altering the results such as ballot stuffing, when one person submits multiple ballots during a vote in which only one ballot per person is permitted. http://en.wikipedia.org Task: Prepare a discussion for your classmates (discussion must be well organized and led and it should appeal to your audience)

2. Summary exercises (vocabulary consolidation) A. Read the following extract. For questions 1 – 10, choose the best expression from options A,

B, C or D.

There is also a constituting and corrective mechanism of the rule of law which is called election.

People 1....................... to vote (those having suffrage) have to 2....................... with various

requirements such as being citizens of a particular state, being of a certain age, and not being

3........................... any legal incapacity to vote. To qualify for 4............................ the voters must be

resident in a particular area. 5........................... for elections takes place on days determined by the

government and during prescribed hours. When entering the polling station, the voters’ names are

checked 6......................... the election register before the voters are given 7......................... papers

that list the names of the candidates of particular political parties. Voters are supposed to mark their

ballot papers with a cross in the box opposite the name of the 8.......................... of their choice, or

the name of the whole party they prefer, which is more usual. The act of voting takes place behind a

9......................... where the voters also put their ballot papers into envelopes that they subsequently

10......................... into the ballot box.

Created by the team of authors.

1. A enacted B eligible C entrusted D alleged 2. A elect B vote C comply D consider 3. A liable to B responsible for C object to D subject to 4. A incitement B inchoation C inclusion D income 5. A Polling B Rolling C Balloting D Voting 6. A before B in front of C against D behind 7. A election B franchise C suffrage D ballot 8. A applicant B delegate C candidate D member 9. A station B screen C box D register 10. A forecast B broadcast C cast D drop

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B. Choose the correct term for each definition VOTING SUFFRAGE ELECTIONS POLLING BALLOT

____________________ formal procedures for making group decisions ____________________ the act that individual perform when they choose among alternatives in an election ____________________ the right to vote ____________________ the voting at an election (the action, time and place of voting) ____________________ the method of (secret) voting

C. Fill in the sentences with verbs “elect” or “vote”

The Vice-President is ______ indirectly by members of...

Because our children cannot ______, we have to do it for them.

Why can't we ______ online?

If we ______ the politicians, do they have to listen to us?

Democracies offer their citizens the opportunity to ______ in order to ______ representatives.

D. Match the terms with their definitions 1. ballot box

2. ballot paper

3. election

4. election register

5. legal incapacity

6. polling

7. screen

a. the selection by vote of a person or persons from among

candidates for a position, esp. a political office

b. the lack of ability, knowledge, legal qualification, or fitness

to discharge a required duty or professional obligation.

c. the casting and registering of votes in an election.

d. a formal and official recording of voters qualified for

inclusion.

e. a paper used for voting, esp. in a Parliamentary or local

government election with the names of the candidates printed

on it

f. a movable device, especially a framed construction such as

a room divider or a decorative panel, designed to divide,

conceal, or protect.

g. a container where the voters cast their papers

E. Crossword puzzle

1

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2

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3

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4

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5

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6

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7

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8

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9

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1

0

1. Volební seznam 2. Psychická způsobilost 3. Oprávněný (volit) 4. Volební komise 5. Volební lístky 6. Volební urna 7. Nepřípustný nátlak 8. Vhodit hlas 9. Volební místnost 10. Plenta

F. Translate

Pokud nebudeš mít před volbami 18 let, nebudeš způsobilý volit. Kdyby na konci volebního dne nebyly urny zapečetěny, volby by byly neplatné. Kdybys byl neuplácel a nezastrašoval voliče, nebyl bys obviněn z nekalých praktik (korupce).

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III. Separation of Powers

1. Listening - US Separation Listen to the recording and fill in the missing words. The US Constitution divides the power of the state into three branches. It is important to understand not only their independent duties but also their 1.____________. The Congress consists of the Senate and the House of Representative. There are 2.____________ Senators for each state and the number of members of the House of Representative depends on the 3.____________ of the state. The President can veto the laws passed by Congress, is in charge of the military and concludes 4.____________ with other countries. The Supreme Court sets up 5.____________ federal courts and ensures that all laws are 6.____________. The term of office for the nine Justices of the Supreme Court is for 7.____________. The check and balance system ensures that the power between the branches is distributed 8.____________ which results in the country running 9.____________. The President´s request for war declaration was denied by Congress only 10.____________.

https://www.youtube.com/watch?v=T6K_BnUkQt4

2. Reading – CR Separation Fill in the gaps with correct nouns and verbs in their correct forms (active or passive). term elections oath citizen forces head body to execute to divide to establish to make up to elect to entitle to appoint to include to consider to reverse Power 1. _________ into legislative, executive and judicial. Legislative power The Parliament of the Czech Republic 2. _________ of two chambers. Every 3. ___________ who is at least 18 years old is entitled to vote for candidates to the House of Parliament (Chamber of Deputies) and the Senate. The House of Parliament is made up of 200 members, who 4. _____________ once every four years. Every citizen who 5. __________ to vote and is at least 21 years old, can be elected to the House of Parliament. The Senate 6. _____________ in 1996. 81 senators are elected with a six-year 7. __________ of office. The 8. _____________ take place every two years. Executive power The government is the supreme 9. ____________ of executive power. The president of the Republic is the 10. __________ of state and the supreme commander of the armed 11.___________. The president takes an 12. ___________ of office (___________ of allegiance) at a joint meeting of both chambers of the Parliament. Judicial power Judicial power 13. ____________ in the name of the republic by independent courts of law. The system of courts 14. ____________ the Supreme Court, the Supreme Administrative Court, and high, regional and district courts. The Supreme Court 15. ___________ cases on appeal and may 16. ___________ the ruling of a lower court.

The Constitutional Court is made up of 15 judges, who 17. ____________ for a term of 10 years. Decisions of the Constitutional Court are enforceable as soon as they are announced. A Constitutional Court judge can only be arrested when caught committing a crime or immediately afterward.

http://www.czech.cz/en/Discover-CZ/Facts-about-the-Czech-Republic/Politics/Czech-Republic- Political-System

3. Speaking

What are the powers of the President, the Parliament and the Constitutional Court? Explain the system of checks and balances using the words below the chart.

Executive Branch Legislative Branch Judicial Branch

Verbs: Decide Approve/Pass Declare Appoint Dismiss Propose Dissolve Pardon Accept Veto Sign Override Nouns: Laws/Acts State budget Punishments Resignation Lack of confidence Bills Members of Presidential veto

4. Practising conditionals Six people reminiscing about the past are speaking in conditionals. What would have been different? Work in groups of three, prepare at least three conditionals (3rd type) without using the words on your cards. The others will try to guess the person you´re talking about.