Anglais institutions américaines

Anglais Juridique : Institutions Américaines

Week 1 : Overview of the US legal system and US constitution.

General point about constitutions US.

Common Law : Legal principles formulated by judges as opposed to the legislature.

Three differents meanings

1. general system of law
2. judge – made law
3. common law vs equity

Common law is different of Statutory law

From real                 From the legislature and

                        the executive branch

Fact/the court                Can be broad or narrow

                        Interpreted by the court.

Histotical contexte of the US constitution

1773 Boston Tea Party (american colony)

1775 American War of Independance (proteste against the taxes)

4 july 1776 Declaration of Independance

1781 Articles of Confederation (announce the constitution, first attents by the new independance, they form a union for the independance state.)

But there are problems

-no separation of powers (between judicial and legislative)

-weak central government

-no power to tax

-impossible to change the articles

-no power to regulate commerce

video 1 + questions

The constitution US is composed of 3 parts : preamble, articles, amendment

The preamble start with « we are the people of the us... » the expression reforce the idea of power in the society through the people.

Exercices correct

was drafted         was ratified         has been                took

were freed        was abolished        meant                is being reinterpreted

video 2

the core principles of the US constitution

• popular sovereignty
• limited government by the constitution
• separation of powers ( no abuses of power)
• checks and balances
• federalisme

BILL OF RIGHTS very importante

Key words and Expressions

Amendment

Articles of confederation

Common law

Federalism

Great compromise

Checks and balances

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