Limba Engleza

Elena ntorsureanu
English in Administrative Settings

Part II
TABLE OF CONTENTS
1. Towards an Ideal of Justice .. 3

2. The Right to Govern . 13
3. The Right to Fair Treatment 24
4. The Right to Consideration . 36
5. The Freedom of Information 47
6. The Right to Privacy .58
7. Exploring the Future 69
Bibliography .. 80
UNIT 1
Section A
TOWARDS AN IDEAL OF JUSTICE
Justice Seen to Be Done
A maxim often quoted by lawyers is that justice should not only be done, but should be
seen to be done. At first sight the idea seems strange and prompts one to ask if justice is
done why does it matter whether or not it is seen to be done. Converseley, the appearance
of justice has no value in itself if the outcome is a miscarriage of justice. The maxim
only applies when the outcome is just, but why do appearances matter if the reality is that
justice has been done. The answer is to be found in the practical nature of procedures and
in the idea that we must have confidence in them. Having confidence in procedures
depends not on our being sure that they lead in each case to the right outcomes, since
such knowledge will rarely be available to us; confidence depends instead on the
procedures being of a kind which we have good reason to believe will produce the right
results. The value is not in the procedures themselves but in their contribution to the right
or best outcomes. Confidence is then a practical standard for deciding whether any set of
procedures can be relied on in bringing about that result. But since we are unavoidably
labouring under conditions of imperfect knowledge, confidence will sometimes turn out
to be misplaced and the procedures should be adjusted accordingly.
The basis of the idea that justice should be seen to be done is now apparent: it suggests
that where procedures are laid down, and are tried and tested sufficiently to win our
confidence, then compliance with those procedures should be insisted upon. Compliance
should be insisted on because it is the only practical guide we have for knowing whether
the right or best outcome has been reached and justice actually done. The corollary is that
if the procedures followed do engender confidence, then we can be reasonably confident
that the right or best outcome has been reached; such confidence, however, is contingent
and may on occasions be shown to be misplaced.
This explanation of the maxim can be illustrated with two examples, the hearing principle
and principle against bias. Reliance is often placed on a procedural rule that a person
should be heard before a decision is made, the basis for the rule being that a hearing is
normally an important step in reaching the right outcome, so that the inclusion of such a
rule is a necessary step in gaining our confidence.The failure to provide a hearing will
undermine our confidence and will normally be an adequate reason for considering the
whole process to be tainted. Of course we are unlikely to know whether the failure to
hear really did affect the outcome in that case. Generally, however, it will be enough in
order to have the process overturned to show that there has been a failure in the
appearance of justice. Legal systems may differ in their approach to such matters, with
some regarding the breach of such a procedural rule as suficient to taint the whole
process, others allowing for that breach to be compensated for by other procedures. The
explanation in the latter case is that, while the breach of procedures might threaten our
confidence in the process, other factors might be enough to remove the threat. Bias fits
the same pattern, since bias in the decision maker is likely to cause error or distorsion in
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the outcome. It does not necessarily do so, but considering how hard it would be to
detect, confidence demands procedures which depend on proving not actual bias but
merely the appearance or suspicion of it. The failure to comply with such procedures
would create not only an appearance of justice not being done, but a deep suspicion of
justice not actually being done.
Due Process and Fair Procedures, D.J. Galligan
A.1 Reading Comprehension
Complete the following statements:
1. Lawyers often quote the following maxim: .............................. .
2. The maxim only applies when .............................. .
3. The value is not in the procedures themselves but in their contribution to ....................
.......... .
4. Confidence is a practical standard for deciding whether .................... .
5. .............................. is the only practical guide we have for knowing whether the right
or best outcome has been reached.
6. A person should be heard before .............................. .
7. .............................. will undermine our confidence.
8. Some legal systems regard failure to provide a hearing as sufficient to taint
.............................. .
9. Others allow for that breach to be compensated for by .................... .
10. Bias in the decision maker is likely to cause ..................... in the outcome.
A.2. Talking Point
Enlarge upon:
Fiat justitia et pereat mundus.
Let justice be done, though the world perish.
Ferdinand I
In Justice is all virtue found in sum.
Injustice anywhere is a threat to justice everywhere.
Martin Luther King
Love of justice in most men is no more than the fear of suffering injustice.
Duc de La Rochefoucauld, Maxims
Justice, I firmly believe, is so subtle a thing that to interpret it one has only need of a
heart.
Jos Garca Oliver
A.3. Language Focus
A.3.1. The Conditional
The corollary is that if the procedures followed do engender confidence, then we can be
reasonably confident that the right or best outcome has been reached.
1. The zero conditional
If you wish to know a man, give him authority.
Form: if + present simple; present simple
Use: it expresses conditions that are always true
2. The first conditional
He wont pass the exam, if he doesnt do any work.
Form: if + present simple; will + the base form of the verb
Use: it is used to express a possible condition and a probable result
3. The second conditional
If I won some money, Id travel around the world.
Form: if + past simple; would/should + the base form of the verb
Use: it is used to express a hypothetical condition and its probable result
4. The third conditional
If he had studied harder, he would have passed the examination.
Form: if + past perfect; would/should/could/might + perfect infinitive
Use: it is used when talking about something that might have happened in the past but
did not happen
NB: if can sometimes be replaced also by: provided; providing; as long as; only if;
unless; in case
Provide other illustrative examples.
A.3.2. The word appearance in the text is made up of the verb appear and the ending
-ance. The suffix -ance:
1. combines with some verbs to form nouns which refer to the action, process or state
indicated by the verb
e.g acceptance; admittance
2. replaces -ant at the end of adjectives to form nouns that refer to the state or quality
described by the adjective
e.g abundance; brilliance.
Use the definitions to find words constructed in a similar way:
1. action or state of being joined or associated
a_______
2. help
a_________
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3. leadership; direction
g_______
4. power to remain undamaged or unaffected
r_________
5. significance or value
i_________
6. state of being greater in strength, numbers etc
p___________
7. action or time of being present
a_________
8. outstanding action or achievement
p__________
9. scent or perfume
f________
10. guarantee of compensation for loss, damage,
i________
sickness etc. in return for regular payment

A.3.3. Which of the words in each list is not synonymous with the first one:
1. maxim
content
2. justice
lawfulness
3. outcome
effect
4. reason
motive
5. adjust
accomodate
6. comply
agree
concur
7. engender
breed
dampen
8. confident
sure
9. rely
depend
10. adequate
suited
aphorism
adage
fatuity
upshot
ground
positive
trust
equity
sequel
end
fit
yield
cause
accomplished
uprightness
flare-up
converse
adapt
straighten
acquiesce
repudiate
generate
apprehensive
confide
dictum
propriety
result
view
scatter
saying
create
assured
expostulate
satisfactory
certain
lean
commensurate
fitting
A.3.4. Fill each of the numbered blanks in the passage with one suitable word:
First-order rights within a legal system justify a claim to such procedures 1 ....................
are necessary to protect and uphold those 2 .................... . That claim to 3 ....................
may itself be expressed in the language of rights: the 4 ....................-holder does not
appeal to decency or to the good will of the community to 5 .................... suitable
procedures; the claim to procedures is 6 .................... one of right. 7 ..................... the
rights an accused in a criminal trial has is the right to procedures which will result in an 8
.................... verdict of guilt or innocence; the litigant in a civil 9 .................... has a right
to procedures by which the law will be applied accurately to the 10 .................... , or at
least that the contest between the 11 .................... be reasonably equal; in the
administrative 12 .................... the person subject to a decision will often have rights at
stake and is 13 .................... to procedures which ensure the rights are upheld. Whenever
first order rights are in issue, moral claims for certain procedural 14 .................... are
justified.
Section B
New Laws to Govern Conduct of Judges
Judges are given warning about their behaviour in and out of court, dealings with the
media and surfing the net in the first code of conduct to be drawn up for the judiciary.
While politicians may debate the line between public and private life, about 5,000 fulltime and part-time judges in England and Wales have received firm guidance.
The guide tells judges to exercise: extreme circumspection with the media and to
refrain from using court computers in any way that could bring the judiciary into
disrepute.
It says: Judges should always take care that their conduct, official or private, does not
undermine their institutional or individual independence, or the public appearance of
independence.
The guide, the first of its kind, has been drawn up by a committee of judges after wide
consultation. Judges are advised to avoid any situation that might expose them to
charges of hypocrisy by reason of things done in their private life.
They are advised: Behaviour that might be regarded as merely unfortunate if engaged
in by someone who is not a judge might be seen as unacceptable if engaged in by a
person who is a judge and ... has to pass judgement on the behaviour of others. The
guides donts include sitting on a case in which the judge has a close family
relationship with a party or spouse or domestic partner of a party.
Personal friendship or animosity towards a party is also a compelling reason for
disqualifying themselves from hearing a case, as is a current or recent business
association.
Judges should also disqualify themselves from a case involving their solicitor,
accountant, doctor, dentist or if another professional adviser is a party. Friendship or past
professional association with a lawyer acting for a party in the case is not generally
sufficient grounds for disqualification.
Judges can take part in lectures and debates only if care is taken about the occasion
and the platform on which they are speaking so that they avoid being linked with a
particular cause or group.
And they are reminded that dialogue will not be as if in court. The judge cannot
expect to join in and leave the debate on the judges terms.
They must not allow their official residence to be used by lawyers to receive clients;
not allow any family or social relationship to influence judicial conduct or behave in any
way which gives rise to the suspicion or appearance of favouritism or partiality.
Frances Gibb, The Times, December 8, 2004
B.1. Reading Comprehension

Are the following statements true or false?
1. The second code of conduct has been drawn up for the judiciary.
2. There are about 5,000 full time and part time judges in England and Wales.
3. The judges are told to exercise extreme circumspection with the media.
4. They are allowed to use court computers in any way they like.
5. The guide has been drawn up by the judges association.
6. A judge must not sit on a case in which they have a close family relationship with a
party.
7. Personal friendship or animosity towards a party is a reason for disqualifying
themselves from hearing a case.
8. Judges are disqualified from cases involving their solicitor, accountant, doctor or
dentist.
9. Another reason for disqualification is friendship or past professional association with
a lawyer acting for a party in the case.
10. Judges cannot take part in lectures or debates.
B.2. Talking Point
Enlarge upon:
Right wrongs no man.
It is better that ten guilty persons escape than one innocent suffer.
William Blackstone, Commentaries on the Laws of England
Judges must follow their oaths and do their duty, heedless of editorials, letters,
telegrams, threats, petitions, panellists and talk shows.
Hiller B. Zobel: Judicial ruling the Louise Woodward case 1997
The verdict of the world is final.
St. Augustine, Contra Epistolam Parmeniani
B.3. Language Focus
B.3.1. Give the Romanian equivalents for each of the following phrases and use them in
contexts of your own:
1. to pass judgement
2. to sit on a case
3. to settle a lawsuit
4. to administer justice
5. to be on the bench
6. to bring in a verdict
7. to leave the chair
8. to make good an injustice
9. to pitch somebody over the bar
10. to serve a writ/summons on somebody
B.3.2. Confusable words. Choose the appropriate word and complete each of the
following statements:
admission, admittance
1. My brother applied for .................... to Oxford.
2. Mark opened a door marked NO .................... .
advice, advise, suggest
3. I used to .................... a simple and direct approach.
4. Your bank manager will probably .................... a personal loan.
5. She needs sound medical .................... and help.
advocate, recommend
6. We ................... that you take an adequate supply of currency and travellers cheques.
7. The report .................... a massive programme of aid to developing countries.
argument, dispute
8. .................... over land boundaries, rights and debts are commonplace.
9. The MP .................... the legality of the invasion.
10. The Prime Minister and the leader of the opposition had been drawn into a ferocious
.................... .
B.3.3. Fill in the blanks in the following text with an appropriate term from the list:
judge presenting
point
contest
summing-up
issues
verdict
referee
adjourn
speeches
ruling
pronounce
intervene
appeal
As the term prosecution and defence suggest, an English Trial is a 1 .................... , in

which both sides try to convince the jury that the case which they are 2 .................... is
the truth. The judge acts as a 3 .................... in this contest, and when one side thinks that
its opponents are breaking the rules it can appeal to the judge for a 4 .................... . The
judges powers of interference are limited, and he or she may only 5 .................... in order
to check an over-zealous barrister, to advise on a point of law, or to clarify an obscure 6
.................... . Should the 7 .................... interfere too actively, or show partiality to one
side or the other, this may form the basis of an 8 .................... in a higher court.
After the prosecution and defence have concluded their cases, and both sides have
presented their final 9 ...................., it is the judges duty to sum up. In the 10
.................... speech the judge is expected to outline the case and explain the legal 11
..................... involved to the jury. Once the judge has summed up the jury consider their
12 .................... . If a a verdict of not guilty is arrived at, the accused is freed at once. If
he or she is found guilty it is the judges responsibility to 13 .................... sentence. This
may be done at once, or the judge may in certain circumstances 14 ..................... the court
so that he or she has time to consider what penalty should be imposed.
Section C
Translation
C.1. Translate into Romanian:

Anyone witnessing the spectacular miscarriages of justice in the criminal justice
system of the United Kingdom in recent years will have been deeply disturbed by them.
A number of people had been convicted of serious crimes, and then after years of
imprisonment the convictions were shown to have been mistaken or at least seriously
unreliable. The long years of unwarranted punishment are bad enough, but worse in the
sense that the system has failed and, in failing, worked grave injustice. It is serious
enough that fundamental rights of those wrongly convicted and punished have been
violated; it is even more serious that society itself has transgressed its own fundamental
principles and thereby impoverished itself. To express such a human tragedy in
procedural terms may seem pedestrian, but the reasons for the tragedy are themselves
pedestrian: the procedures for investigating crime and trying suspects failed; they failed
by producing the wrong outcome, by reaching a verdict of guilt without justification.
10
This is a grave example of a problem which is repeated throughout the legal system,
the problem being how to make sure that the procedures lead to the right results. The
consequences of failure to do so are several. One set of consequences is to the community
in failing to achieve its own objectives as expressed in its laws. Those objectives are
frustrated, and the frustration comes at a substantial cost in procedures and institutions.
Some mistakes go farther and cause moral wrong to the members of the community,
which is also an additional cost to the community as a whole. The other set of costs is to
the person wronged, and that cost has two forms: the bare cost in the sense of hard
treatment, and the moral cost in the sense of injustice. The gravity of those costs will vary
in each case according to the importance of the rights in issue. Not all mistaken decisions
cause wrong to individuals; some will have no effect, others may be windfalls. The guilty
suspect who is acquitted, or the welfare claimant mistakenly given benefits, is unlikely to
complain; but where the individual person is treated unfairly by being deprived of a right
to which he is entitled, injustice results and the integrity of the process is called into
question.
The mistakes most often in issue are mistakes as to outcomes. They are mistakes
which result when procedures fail to lead to an outcome specified by law. However, not
all outcomes are so clearly defined. Where there is discretion, there is likely to be some
scope for different decisions, any one of which will be within the scope of powers. Some
decisions may be better than others, but they will be mistaken only if they go beyond the
range of permissible options or violate the right to consideration or the standards of fair
treatment. A decision which breaches the values relating to consistent treatment, or which
fails to take account of a persons interests, affects outcomes and can be dealt with as a
mistake which leads to the wrong result. Mistakes may also occur in relation to nonoutcome values, when the resulting injustice consists in violating values which ought to
be respected. Nevertheless, such mistakes are analogous to mistakes as to outcomes, and
where non-outcome values create rights, violation of those values will mean violation of
rights.
Due Process and Fair Procedures, D.J. Galligan
C.2. Translate into English:
nfptuirea justiiei
Articolul 124
(1) Justiia se nfptuiete n numele legii.
(2) Justiia este unic, imparial i egal pentru toi.
(3) Judectorii sunt independeni i se supun numai legii.
Statutul judectorilor
Articolul 125
(1) Judectorii numii de Preedintele Romniei sunt inamovibili, n condiiile legii.
(2) Propunerile de numire, precum i promovarea, transferarea i sancionarea
judectorilor sunt de competena Consiliului Superior al Magistraturii, n condiiile legii
sale organice.
(3) Funcia de judector este incompatibil cu orice alt funcie public sau privat, cu
excepia funciilor didactice din nvmntul superior.
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Instanele judectoreti
Articolul 126
(1) Justiia se realizeaz prin nalta Curte de Casaie i Justiie i prin celelalte instane
judectoreti stabilite prin lege.
(2) Competena instanelor judectoreti i procedura de judecat sunt prevzute
numai prin lege.
(3) nalta Curte de Casaie i Justiie asigur interpretarea i aplicarea unitar a legii de
ctre celelalte instane judectoreti, potrivit competenei sale.
(4) Compunerea naltei Curi de Casaie i Justiie i regulile de funcionare a acesteia
se stabilesc prin lege organic.
(5) Este interzis nfiinarea de instane extraordinare. Prin lege organic pot fi
nfiinate instane specializate n anumite materii, cu posibilitatea participrii, dup caz, a
unor persoane din afara magistraturii.
(6) Controlul judectoresc al actelor administrative ale autoritilor publice, pe calea
contenciosului administrativ, este garantat, cu excepia celor care privesc raporturile cu
Parlamentul, precum i a actelor de comandament cu caracter militar. Instanele de
contencios administrativ sunt competente s soluioneze cererile persoanelor vtmate
prin ordonane sau, dup caz, prin dispoziii din ordonane declarate neconstituionale.
Constituia Romniei 2003
Section D
Writing
Comment on:
Justice is truth in action.
Benjamin Disraeli
Justice is the constant and perpetual wish to give to everyone his due.
Justinian, Institutes
The price of justice is eternal publicity.
Arnold Bennett, Secret Trials
A long line of cases shows that it is not merely of some importance, but it is of
fundamental importance that justice should not only be done, but should manifestly and
undoubtedly be seen to be done.
Gordon Hewart, Rex v. Sussex Justices, November 9, 1923
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UNIT 2
Section A
THE RIGHT TO GOVERN
Under The Universal Declaration of Human Rights
Article 21. 1. Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
2. Everyone has the right of equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will
shall be expressed in periodic and genuine elections which shall be by universal and
equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
The rights enunciated in the article are political rights of a very special kind in that they
are inextricably part of the idea and practice of democracy. The principle laid down in the
third paragraph of article 21 that the will of the people shall be at the basis of the
authority of government, is at the very heart of the concept. This will, the paragraph
continues, shall be expressed in periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by secret vote or by equivalent free voting
procedures. That is as good a statement of the mechanics of representative democracy as
can be found. Unlike the first two paragraphs of article 21 which proclaim the right to
take part in government and the right to equal access to public services, this third
paragraph does not by its terms enunciate any right of the citizen. Rather, it is in the
nature of a constitutional prescription. Moreover, it is also an elaboration of the right to
take part in government, for it explains one way, e.g., by electing representatives, that
everyone can take part in the government of his or her country. That is representative
government. The other possibility contemplated by article 21 is direct participation, as in
the ancient city states of Greece, or, for example, by referendum. Representative
government, therefore, is not mandatory. The right of everyone to participate in the
government of his country is also recognized by both the American Declaration on the
Rights and Duties of Man and the American Convention.
The U.N. Secretariat draft of the Universal Declaration devoted separate articles to the
right to participate in government and the right of equal acces to public services. Article
30 said: Everyone has the right to take an effective part of the government of the state of
which he is a citizen. The state has a duty to conform to the wishes of the people as
manifested by democratic elections. Elections shall be periodic, free, and fair. Article 31
said: Everyone shall have equal opportunity of access to all public functions in the state
of which he is a citizen. Appointments to the civil service shall be by competitive
examination. Although energetically defended by the representative of China, the
reference to competitive examinations was dropped. Otherwise, as with so many other
articles of the Universal Declaration, the text finally adopted was remarkably like the
Secretariat draft, notwithstanding the protracted discussion and the amendments made in
the Commision on Human Rights Drafting Committee, some of which were later
rejected by the Commission as a whole and the General Assembly.
13
The rights set forth in article 21 belong to citizens only and not to all citizens. They can
be denied to minors, lunatics, and others under legal disability. The justification for such
restrictions must be found in so far as the Universal Declaration is concerned in article
29, while article XX of the American Declaration mentions citizens having legal
capacity; article 25 of the Political Covenant gives the relevant rights to every citizen
without unreasonable restrictions; and article 23 of the American Convention says that
the law may regulate the exercise of these rights and opportunities only on the basis
of age, nationality, residence, language, education, civil and mental capacity, or
sentencing by a competent court in criminal proceedings a formidable list that could
permit significant restrictions.
Human Rights in International Law, Theodor Meron
A.1. Reading Comprehension
1. Article 21 of the Universal Declaration of Human Rights is .............................. .
2. The rights enunciated in the article are inextricably part of the idea and practice of
.............................. .
3. The will of the people shall be at the basis of the authority of ............................... .
4. This will shall be expressed in .............................. .
5. By electing representatives, everyone can .............................. in the government of
their country.
6. The right of everyone to participate in the government of their country is also
recognized by .............................. .
7. The UN Secretariat draft of the Universal Declaration devoted separate articles to
.............................. .
8. Article 31 said: []Appointments in the civil service shall be by ..............................
9. The rights set forth in article 21 belong to ............................. .
10. They can be denied to ............................. .
A.2. Talking Point
Enlarge upon:
There are two ways to get into government one is to crawl into a government and the
other is to kick your way in.
Aneurin Bevan
An institution is the lengthened shadow of one man.

Ralph Waldo Emerson, Essays
14
A.3. Language Focus

A.3.1. The Infinitive
By electing representatives, everyone can take part in the government of their country.
The long infinitive is used:
1. after certain verbs
e.g. agree; appear; attempt; choose; decide; expect; learn; manage; need; offer; etc
I expect to have some results soon.
2. after certain verbs followed by an object
e.g. advise; allow; encourage; force; order; persuade; remind; teach etc
He advised me to listen carefully.
3. after certain adjectives
Its difficult to explain how to get there.
Its possible to walk there.
4. to express purpose
I came here to learn English.
5. after certain verbs followed by question words
e.g. ask; consider; explain; wonder; find out; understand etc
I dont know what to do.
The short infinitive is used
1. after modal auxiliary verbs
I must go now.
2. after let, make, hear etc
I didnt see you come in.
3. after why (not)
You are looking tired. Why not take a holiday?
4. After and, or, except, but, than, as and like
Its easier to do it yourself than explain to somebody else how to do it.
We could do nothing but wait.
Forms of the infinitive
1. the continuous infinitive
to be+present participle
Why is she so late? She cant still be working.
2. the perfect infinitive
to have+past participle
He seems to have forgotten about the appointment.
3. the passive infinitive
to be+past participle
I asked to be informed as soon as there was any news.
Underline all the infinitive forms in the following passage and comment on their use:
Regarding the opportunity to be elected, citizens should have the opportunity to join, or
organize, their own political parties. However, very few citizens have a genuine
opportunity to be elected to certain posts. For example, the costs of campaigning may be
15
prohibitive. Furthermore, certain electoral systems may effectively ensure the election of
candidates from only a small range of parties. The right to an opportunity to be elected
probably refers more to formal legal opportunities than to actual realistic opportunities.
A.3.2. Choose the word A, B or C which best completes each sentence:
1. The .................... of public affairs in a democratic state is the task of representatives
of the people.
A conduct
B ruling
C government
2. Policy makers must be .................... to the electorate.

A responsible
B accountable
C concerning
3. Decentralization offers greater .................... for citizens to take part in the domain of
public affairs.
A possibility
B task
C opportunity
4. The disempowerment of local councils reduces opportunities for public .....................

in public affairs.
A participation
B attendance
C inclusion
5. Certain powers have been passed to the central ..................... .

A government
B rule
C governance
6. Centralization may be .................... in standardizing local government services.

A prosperous
B beneficial
C good
7. Over-centralization may discourage powerless government opponents from

.................... in the political process.
A participating
B taking place
C plunging
8. A powerful central government may subordinate the .................... of the opposition

supporters to those of its own supporters.
A longings
B interests
C wishes
9. Public policy can also be influenced by local education .................... .

A representatives
B authorities
C electors
10. The decline of local government .................... the opposition-supporting regions more
susceptible to direct control by government.
A renders
B triggers
16
C shows
The public service 1 .................... to comprise all unelected positions within the
executive, the judiciary, and 2 .................... other areas of state administration, such as
employment in state schools.
Restrictions to certain public service jobs may be more rigorous 3 .................... those
pertaining to the right 4 .................... be elected. For 5 .................... , it seems reasonable
to require a certain level of qualification for persons holding senior positions.
It must be 6 .................... that certain public service appointments in all states are
influenced 7 .................... the candidates political opinion, such as head of a states
secret service. Indeed, one of the Council of Europes Committees of Experts took the 8
.................... that appointment to key public service posts could be influenced by political
considerations. Any restrictions based 9 .................... political opinion would have to be
reasonable and objective. The Committee has exhibited scepticism 10 ....................
restrictions on this basis.
A.3.4. Confusable Words. Choose the appropriate word and complete each of the
deceitful, deceiving, deceptive
1. The bureaucrats evidence varied from the inept to the downright .................... .
2. Yet this apparent realism, even in his latest writings, is .................... .
3. The quickest way to rattle him was to accuse him of .................... the public.
contest, competition
4. The .................... for the deputy leadership of the Labour Party will certainly be an
interesting one.
5. His greatest disappointment was that he didnt win the Teacher of the Year
.................... .
final, eventual, possible
6. That is the time you especially need planning to minimise .................... errors of
judgement.
7. I quoted his .................... words of the interview.
8. He welcomed the Governments .................... decision to hold a referendum in
17
February.
find, found
9. There was talk about .................... a professorship for comparative administrative law
in our faculty.
10. The ministry is easy to .................... .
Section B
Showing Conviction
The Government should accelerate its new proposals to counter terrorism.

Among the many sensible proposals put forward by the Government yesterday to tighten
up the present scrappy laws on terrorism, its wish for consensus sends out an important
signal. Terrorism is not an area where parties should seek* cheap advantage. It is a
genuine threat and must be confronted as swiftly as can be with the widest possible
agreement. All parties must be kept fully informed of what the Governments terror
advisers suggest are effective responses and, in turn, should not seek to delay* sensible
measures unnecessarily.
Yesterday, Charles Clarke, the Home Secretary, briefed* David Davis and Mark
Oaten, his Conservative and Liberal Democrat shadows*, on the Counter-Terrorism Bill,
which is now being modified and accelerated to give the police and intelligence agencies
the powers they claim to need in dealing with terrorism. It contains several new offences.
The first, concerning acts preparatory to terrorism, is by far the most urgent. It will
enable police to intervene even if the precise details of a terrorist plot are not known. At
present, the State has an outdated* conspiracy law, whose limitations were clearly seen
when all those accused recently with Kamel Bourgass, the Algerian terrorist in the so
called ricin plot, were acquitted. Sir Ian Blair, the Metropolitan Police Commissioner, has
lobbied hard for a law that will, for example, make it easier to convict those financing
terrorism or buying dangerous chemicals to assemble bombs.
Less compelling is the second proposed new offence indirect incitement to commit
terrorist acts. This could turn on something as intangible as the tone of voice in which
someone publicly stated approval of extremism. The obvious problem here is how to
frame* any tightening of the law on public provocation in a way that would secure safe
conviction.
Thirdly, the Government wants to criminalise the provision of training in the use of
hazardous substances for terrorist purposes. That, too, is sensible. It will not be
retrospective a comfort perhaps, to the IRA but it will catch people attending or
recruiting for terrorist training camps.
In addition, the Bill has a number of clauses that close absurd loopholes* in existing
law that lawyers could use to escape convictions. One introduces all premises search
warrants so police do not have to specify each address in advance. A second gives the
Security Service the ability to seek warrants authorising activities overseas. And a third
extends stop-and-search powers to bays and estuaries, which were foolishly left out of
previous definitions.
18
Several important issues are not tackled* in this Bill. The first concerns telephone
tapping*. The Government still opposes the use of taps as court evidence insisting that
this compromises surveillance methods. This is shortsighted. Such evidence should make
convictions easier. The second would extend, if necessary, the 14 days during which a
terrorist suspect can be held and questioned (with regular judicial referral). And the third
is a declaration that Britain will derogate from international treaties to allow suspects to
be deported promptly, even to countries with dubious legal records.
Even if passed, the new laws will not be effective until the end of the year. This is too
late. On those matters of general agreement, the legislation should have a speedy passage.
This is not a moment to play petty* politics.
The Times, July 7, 2005
1. The Government put forward proposals to tighten up the present laws on terrorism.
2. All parties must be fully informed as to the effective responses to terrorism.
3. The Home Secretary briefed his Conservative and Social Democrat shadows on the
Counter-Terrorism Bill.
4. The Bill gives the police and intelligence agencies the powers they claim to need in
dealing with terrorism.
5. It does not contain any new offences.
6. Acts preparatory to terrorism and indirect incitement to commit terrorist attacks were
left out in the old law.
7. The Government wants to criminalise the provision of training in the use of
hazardous substances for terrorist purposes.
8. One clause of the law introduces all premises search warrants.
9. Another clause gives the Security Service the ability to seek warrants authorising
activities overseas.
10. The bill tackles also telephone tapping.
B.2. Talking Point
Enlarge upon:
The terrible thing about terrorism is that ultimately it destroys those who practise it.
Slowly but surely, as they try to extinguish life in others, the light within them dies.
Terry Waite, Guardian, February 20, 1992
19
Violence is not a knife in the hand. It grows like a poison tree inside other people who
have not learned to value other human beings.
Frances Lawrence, Observer, December 17, 1995
Where force is necessary, there it must be applied boldly, decisively and completely. But
one must know the limitations of force; one must know when to blend force with a
manoeuvre, a blow with an agreement.
Leon Trotsky, What next?
It is of little use trying to supress terrorism if the production of deadly devices continues
to be deemed as legitimate employment of mans creative powers.
E. F. Schumacher, Small is Beautiful
B.3. Language Focus
B.3.1. Choose the right explanation for each of the following words (with asterisks in the
text):
1. to seek
A to prefer
B to look for
C to impose
2. to delay
A to postpone
B to approve
C to tackle
3. to brief
A to ask
B to inform
C to help
4. shadow
A opposition counterpart B terror adviser
C specialist researcher
5. outdated
A old
B insufficient
C sham
6. to frame
A to accept
B to formulate
C to include
7. loophole
A escaping point
B absurd provision
C strict rule
8. to tackle
A to deal with
B to solve
C to define
9. to tap
A to listen
B to make
C to address
10. petty
A dubious
B trivial
C suspicious
B.3.2. Phrasal Verbs PUT

Among the many sensible proposals put forward by the Government yesterday ...
Fill in the blanks with the appropriate missing items. Choose from the list:
to
off
down
about
forward
through
across
up
1. Its being put .................... that the Prime Minister may resign.
2. The candidate is very good at putting her ideas .................... .
20
before
in
3. This afternoons meeting will have to be put .................... .

4. They claim to put the nations welfare ..................... all other considerations.
5. The Opposition plan to put .................... a censure motion on the Governments
handling of the affair.
6. The MP has put .................... radical proposals for electoral reform.
7. The electorate put the Labour .................... with an increased majority.
8. The Government is putting ..................... some radical social reforms.
9. The question of strike actions must be put .................... union members.
10. The Green Party hopes to put .................... a number of candidates in the general
election.
B.3.3. Fill in the blanks in the following passage with an appropriate term from the list
below:
majority
instance
Commons
ministers
governing
policy
lightens
by
provides
it
The House of Lords contributes to the 1 .................... of the United Kingdom in many
ways. Some of its members become 2 .................... of the Government. 3 ....................
provides a chamber in which to debate public 4 .................... in a freer, less party-political
atmosphere. Its very existence 5 .................... the work-load of the Commons. For 6
.................... , its Select Committee on the European Communities significantly eases the
burden of the 7 .................... equivalent. Most importantly, it 8 .................... some sort of
check and balance to the lower House, which may be completely dominated 9
................... a government with a large and/or well-whipped 10 .................... .
Section C
Translation

In the United Kingdom, one person is entitled to only one vote in any election.
However this does not necessarily mean that all votes count for exactly the same amount.
In local, national, and European elections, the United Kingdom is divided up into singlemember constituency seats. If the equal value principle is to be strictly complied with,
each constituency should have the same, or at least roughly the same, number of voters.
21
The Speakers Conference and the Boundary Commissions may make recommendations
for equitable constituency boundary changes to reflect population changes. Speakers
Conferences are convened on an ad hoc basis, while the four permanent Boundary
Commissions, one each for England, Wales, Scotland, and Northern Ireland, make
recommendations for boundary changes to the Home Secretary every ten to fifteen years.
Only Parliament may actually effect boundary changes.
Constituency seats contain relatively equal populations in England. However, voters
in Scotland and Wales benefit from a Celtic preference, whereby they elect a larger
number of MPs than their population would be entitled to if strict proportionality were
observed. Hence, a vote in Scotland and Wales is worth more than a vote in England, 80
per cent of the British population lives in England. With such a huge majority, it is not
hard to see the danger of Scottish and Welsh interests being continuously overridden by
those of the English. Thus, it is possible that the Celtic preference can be justified as
constituting a permissable form of affirmative action. Greater London is also overrepresented, as the Boundary Commissions rules expressly provide an obligation to
observe London Borough boundaries. Over-representation in the capital cannot be
excused as affirmative action.
The English Boundary Commission issued a provisional report for boundary changes,
which should largely influence the electoral map at the next election, recommending that
the number of seats in London be cut to take account of the population drift from the
capital.
David Harris, Sarah Joseph, The International Covenant on Civil and Political Rights and
UK Law
Art. 2. Pot fi membri ai Guvernului persoanele care au numai cetenia romn i
domiciliul n ar, se bucur de exerciiul drepturilor electorale, nu au suferit condamnri
penale i nu se gsesc n unul dintre cazurile de incompatibilitate prevzute la art. 4 alin
(1).
Art. 3. (1) Guvernul este alctuit din primul-ministru i minitri.
(2) Din Guvern pot face parte i minitri-delegai, cu nsrcinri speciale pe lng
primul-ministru, prevzui n lista Guvernului prezentat Parlamentului pentru acordarea
votului de ncredere.
Art. 4. - (1) Funcia de membru al Guvernului este incompatibil cu:
a) exercitarea altei funcii publice de autoritate, cu excepia celei de deputat sau de
senator;
b) exercitarea unei funcii de reprezentare profesional salarizat n cadrul
organizaiilor cu scop comercial;
c) exercitarea de acte de comer, cu excepia vnzrii sau cumprrii de aciuni ori alte
titluri de valoare;
d) exercitarea funciei de administrator ori de cenzor la societile comerciale sau de
reprezentant al statului n adunrile generale ale unor asemenea societi ori de membru
al consiliilor de administraie ale regiilor autonome, companiilor naionale i societilor
naionale;
e) exercitarea unei funcii publice n serviciul unei organizaii strine, cu excepia
acelor funcii prevzute n acordurile i conveniile la care Romnia este parte.
22
(2) Constatarea starii de incompatibilitate se face de primul-ministru, care va dispune

msurile necesare pentru ncetarea acesteia.
Art. 5. Funcia de membru al Guvernului nceteaz n urma demisiei, a revocrii, a
pierderii drepturilor electorale, a strii de incompatibilitate, a decesului i a demiterii n
condiiile prevzute la art. 8 alin. (2).
Art. 6. Demisia din funcia de membru al Guvernului se anun public, se prezint n
scris primului-ministru i devine irevocabil din momentul n care s-a luat act de
depunerea ei, dar nu mai trziu de 15 zile de la data depunerii.
Art. 7. (1) Revocarea din funcia de membru al Guvernului se face de Preedintele
Romniei, prin decret, la propunerea primului-ministru.
(2) Revocarea are loc n caz de remaniere guvernamental.
Art. 8. (1) n cazul n care ncetarea calitii de membru al Guvernului intervine ca
urmare a demisiei, a pierderii drepturilor electorale, a incompatibilitii, a decesului i n
alte situaii prevzute de lege, Preedintele Romniei, la propunerea primului-ministru, ia
act de aceasta i declar vacant funcia de membru al Guvernului.
(5) n cazul n care un membru al Guvernului a fost condamnat penal printr-o hotrre
judectoreasc definitiv sau averea sa a fost declarat, n tot sau n parte, ca fiind
dobndit n mod ilicit, printr-o hotrre judectoreasc irevocabil, el este demis de
Preedintele Romniei, la propunerea primului-ministru.
Legea nr. 90/2001 privind organizarea i funcionarea Guvernului Romniei i a
ministerelor
Section D
Writing
Comment on :
Government and co-operation are in all things the laws of life; anarchy and competition
the laws of death.
John Ruskin, Unto This Last
Government is a contrivance of human wisdom to provide for human wants. Men have a
right that these wants should be provided for by this wisdom.
Edmund Burke
The best government is the one that governs least.
John L. OSullivan
23
UNIT 3
Section A
THE RIGHT TO FAIR TREATMENT
Who is Entitled to Fair Procedures?
Fair procedures follow fair treatment, so that whenever there is a right to fair treatment
by legal authorities, there is also a right to fair procedures. To put the matter at its
simplest, whenever a person is involved with the state through its agencies, there is an
entitlement to be treated fairly, and, therefore, according to fair procedures. Questions of
fair treatment usually arise within a relationship where one party is able to affect the
other in a significant way. The relationship may be contractual, where A agrees with B to
do Y; or it can arise from social status, as in the case of the parentchild relationship; or
it may derive from the relations of power between the community and each citizen. The
last of these is marked by the state having power and control: power to impose penalties
and disadvantages, control over the distribuion of goods and resources. The relationship
between citizen and state is governed by implicit normative understandings shared by the
members of the community. One such understanding, which is fundamental to the
relationship, is that the states powers and control will be used fairly with respect to each
citizen. The concept of fairness in turn means that each person will be given his due, that
is, treated as he is entitled to be treated as expressed in authoritative legal standards. In
order to be treated according to those standards, a person is entitled to the neccessary
procedures, and in that sense the right to fair procedures follows the right to fair
treatment.
The practical expression of these ideas is that the duty to provide fair procedures comes
into play whenever a person is affected by an administrative process. It might be the
denial of a benefit, the imposition of a penalty, or the loss of some advantage. Other cases
may be less direct and final, but nevertheless real; after an investigation and report, ones
reputation might be tarnished; or, as is the case of an arrest or prosecution, a suspect is
taken just one step closer to a final outcome, possibly disadvantageous to his interests. In
these cases, the person affected is the direct subject of the decision or process, but that
need not be the case: I may be put at a disadvantage by a decision granting planning
permission to my neighbbour: similary, I may be a member of a group all the members of
which are affected by a decision or process.
There are many ways in which a person can be affected tangibly by the actions of
officials, some direct and obvious, others indirect and less obvious. Each situation must
be examined to see precisely how a person is affected and how society views the
consequences. That itself can be problematical since there may be no clear consensus: for
example, strongly held but conflicting views are likely to be expressed on whether an
alien seeking admission to the country is owed a duty of fair treatment. In other cases, the
same consequences may be viewed very differently by those who suffer them compared
with the community at large. There are, moreover, bound to be cases of difficulty; is an
interest group such as those dedicated to the protection of children, cats, or ancient
24
monuments, owed a duty of fair treatment, or is it just the representatives of those whose
interests are affected?
When one moves from these general questions of political morality to legal processes, it
is usual to find that the range of interests and consequenses witch attract a right to fair
procedures is norrowed. The law tends to ask not just whether a person is affected by a
legal process in a general way, but whether certain definable interests are in issue. The
American doctrine of due process limits interests to life, liberty or property. This has
been taken to mean that, in order to attract due process, it is necessary not only to make
out an interest in life, liberty or property, but also to show an entitlement to it under the
Constitution or pursuant to state or federal law. The range of interests attracting
procedural fairness under the European Convention on Human Rights is even narrower,
applying only when the interests are the subject of criminal proceedings or constitute
civil rights. English law has its own restrictions on the kinds of interests warranting
procedural protection.
Any legal test based on a limited range of interests has certain disadvantages. At the
level of principle, such restrictions may be hard to justify, since anyone who is affected
by a legal decision has a right that it be made properly according to the law; that in turn is
another way of saying that the person is owed a duty of fair treatment, and fair treatment
requires fair procedures. Apart from that general point of pinciple, there are also practical
disadvantages. One is the waste of time and resourses in deciding whether an interest is
potected or not. Another is that some interests valued by the community are likely to be
excluded. A familiar criticism of the American doctrine of due process is that certain
interests generally considered important do not qualify for due process. Another
consequence is that the legal recognition of what constitutes a significant interest is likely
to lag behind the views of the wider community. Interests in welfare, using the term in its
widest sense of personal well-being, interests in personal liberty in its many forms,
interests in being able to pursue oportunities, all offer a wider and more diffuse
conception of interests than is easily translated into law. The need for a filter against any
old claim being made is obvious but the cost often is an unduly norrow version of what
interests ought to attract procedural protection.
It is often said by the highest courts that in English law any official who decides anything
has a duty to act fairly and in particular to listen to both sides. Since duties of fairness are
not owed in the abstract, this can be taken to mean that a duty is owed to anyone affected
in a significant way by an officials decision or action. English law is then brought
squarely within the general principle of fair treatment and it is not normally difficult to
determine whether a person is so affected. Once the duty of fair treatment comes into
effect, it brings with it the duty to follow fair procedures.
Although a general principle along these lines is now established in English law, recent
history and practice have shown its application to be uneven. Other factors besides the
interest affected have weighed in the decision whether or not in a given context a duty of
procedural fairness was owed. A review of statutes over the last several years does not
reveal a clear or consistent pattern; rights to procedural fairness are sometimes amply
25
conferred, at other times no provision is made at all. Much is left to administrative

practice, but we do not know enough about what happens across the range of processes to
draw any conclusions. Even in the courts, where decisions are important in setting
general standards, approaches have been less than consistent. The general duty to act
fairly was at one time restricted to administrative processes of a judicial nature, at another
time to decisions where legal rights were affected. Both restrictions have now been
replaced by the idea that the duty to act fairly applies whenever interests are at stake.
What counts as an interest can be problematical, but the tendency has been to broaden the
concept beyond economic and property interests to interests to include interests in liberty
and welfare.
Due Process and Fair Procedures, D. J. Galligan
Answer the following questions:
1. When do questions of fair treatment usually arise?
2. What governs the relationship between citizen and state?
3. What does the concept of fairness mean?
4. How can a person be affected by an administrative process?
5. What does the American doctrine of due process focus on?
6. Does the European Convention on Human Rights offer procedural protection?
7. What is the weak point of the American doctrine of due process?
8. What is the duty of any official who has power of decision?
9. What do the English Statutes reveal about the rights to procedural fairness?
10. When does the duty to act fairly apply?
A.2. Talking Point
Enlarge upon:
All human beings are born free and equal in dignity and rights.
The Universal Declaration of Human Rights, article 1
The Constitution does not provide for first and second class citizens.
Wendell Wilkie, An American Programme
A.3. Language Focus
A.3.1. Modal Verbs MAY
26
I may be put at a disadvantage by a decision granting planning permission to my

neighbour.
Use
1. to express possibility
We may choose another leader next year.
Peter might phone. If he does, tell him that everything is settled.
- might suggests a smaller chance; it is used when one thinks something is possible but
not very likely
2. to express permission
Candidates may bring dictionaries into the examination room.
I wonder if I might use your phone for a few minutes.
- sometimes permission is expressed by be allowed to
These days, children are allowed to do what they like.
3. in requests
You might bring these back to the library.
4. in critical remarks
She might have told us that she was going to be late.
5. in suggestions
You might try asking him for help.
6. in offers
May I offer you a cup of tea?
7. in concessive sentences
It may be a comfortable car, but it loses a lot of petrol.
8. in wishes and hopes
May you both be very happy.
May or might? Fill in the blanks with the appropriate verbal form:
1. A fuller description .................... in the reference books listed at the beginning of this
book. (find)
2. Owing to the strike, trains .................... to delays. (subject)
3. Ask your bank manager. He .................... to advise you better than I can. (be able to)
4. The two parties .................... an agreement if they had been prepared to be more
flexible.
(reach)
5. The nurse said we .................... to the patient for just a few minutes. (speak)
6. You .................... me a postcard while you are on holiday. (send)
7. You .................... me you werent coming. (tell)
8. The work .................... difficult, but at least it was interesting. (be)
9. .................... you have a brilliant career in administration! (have)
27
10. George .................... . If he does, give him these materials. (come by)
A.3.2. Confusable words. Choose the appropriate word and complete each of the
accuse, charge
1. John was declared not responsible for the criminal acts with which he ..................... .
2. My neighbours were in great distress because they .................... wrongfully
.................... of theft.
admit , confess
3. They .................... to crimes they have not committed.
4. Again the manufacturers, employers and government were reluctant to ....................
the danger.
civic, civil, civilian
5. The City Council announced plans to build a 100 million dollar .................... centre.
6. Most of the work he did in the army could have been done by a .................... .
7. They have their own regional systems of military and ..................... administration.
country, nation, state
8. The peoples of the new .................... are by no means insensitive to the dangers of
one-party rule.
9. Almost every western .................... has had its era of revolution or civil war.
10. In the last few days there have been riots all round the .................... .
A.3.3. Fill in the blanks in the following text with an appropriate term from the list
below:
rare
element
relationship
duties
yardstick
upholding
dealings
undertaking
so
normative
entitlements
fair
The sense of fair treatment in dealing with people according to the law is an important
and indispensable 1 .................... in any society purporting to be just. Indeed, to deal with
people according to the 2 .................... expectations created by law is to accord them 3
.................... treatment in a real and significant sense. A society which could genuinely
claim that its people are treated fairly in that sense would be both commendable and 4
.................... . The even-handed application of the law is not the final 5 .................... of
28
just treatment, but it is a major achievement in the life of a society. Why this should be 6
.................... is easily seen.
The standards of law are public declarations of the rules governing the 7 ....................
between citizen and state; they constitute an 8 .................... about how some of the most
important matters in a society will be dealt with and, like any serious undertaking
solemnly made, they create rights and carry with them 9 .................... . Fair and just
treatment in a range of every day contexts means no more than that two parties, in the 10
.................... between them, should treat each other in accordance with those normative
expectations, with the rights and 11 .................... thereby created. Fairness consists
directly in the 12 .................... of normative standards and expectations, and only
indirectly in their substantive content.
A.3.4. Word Focus DRAW
We do not know enough about what happens across the range of processes to draw any
conclusions.
Complete each of the following statements with a suitable phrase, making all the
necessary changes. Choose from:
draw a veil over
draw a parallel
draw oneself up to ones full height

draw a blank
draw sths teeth
draw (sbs) attention to sth.

draw to a close
draw lots
draw a distinction
draw the line at
1. They .................... for the right to go first.

2. The ceremony .................... by the singing of the national anthem.
3. Can you .................... between English and German law?
4. The manager ..................... an error in the report.
5. I tried looking him up in the directory but I .................... .
6. You have to .................... between written and unwritten law.
7. .................... has .................... somewhere. I cant go on lending you money.
8. Critics fear the bill will .................... before it becomes law.
9. I propose to .................... the appalling events that followed.
10. Never! she replied, ..................... .
29
Section B
Higher Legal Fees to Deter All but Wealthy
Court costs will soon be so expensive that claimants who do not have the funds will
suffer, Frances Gibb writes.
Massive fees are to be charged from next month to people bringing or defending civil
claims, which lawyers say will close the courts to all but the wealthy.
In some cases, fees are being increased by 150 per cent and over five years the rise
will be as much as 325 per cent. People will also be charged controversial hourly trial
fees from next April in the High Court and Court of Appeal of up to 200, which
lawyers say will act as a huge deterrent to going to court. Instead, people will have to
settle for derisory damages because defendants will know that they cannot afford to
bring proceedings.
Data gathered by the Association of Personal Injury Lawyers shows that over 24
years, the costs of bringing or defending civil claims have risen by between 900 per cent
and 4,150 per cent. The figures showed that fees for bringing claims of more than
50,000 have risen by 900 per cent since 1980; those of between 50.000 and 100,000
by 1,650 per cent; and those of between 100,000 and 150,000 by 2,150 per cent. The
biggest rise was for the higher claims: fees have risen by 3,650 per cent for claims of
between 250,000 and 300,000; and by 4,150 per cent for claims of more than
300,000.
The massive increases for disputes that cover divorce-related matters, landlord and
tenant disputes, and commercial or consumer disputes will reduce access to justice and
force some people out of the court system entirely, the association says.
Colin Ettinger, president of the association, questioned the increase. Court fees are
the new stealth tax. The Court Service should be a resource provided by the state and
fully funded by taxation.
We believe it is unjust and unfair to litigants, especially those suffering from a
personal injury, to fund via fees and cost recovery a civil court service which is meant
to operate for the public good.
He said that the Court Service is a monopoly supplier and that claimants have no
alternative but to use the courts if they are unable to get justice from the negligent party
who caused their injury. Mr Ettinger added that the fee rises would lead to less justice
for many, because insurers would not want to take on the increased financial risk of
insuring a case of which the outcome is uncertain.
From January, it will cost 1,700 just to register a claim of more than 300,000. The
new fee for a money claim of more than 50,000 is 700; for a claim of more than
100,000 it is 900; for one of more than 150,000 it is 1,100; and for one of more than
200,000 it is 1,300. For claims more than 250,000 the new fee is 1,500.
Adrian Jack, a barrister in London, criticized the rises, saying that increases need to be
considered carefully because of the implication for acces to justice. In an article in the
New Law Journal he said that a case involving a claim for 100,000 in the High Court
would cost 6,100: a 900 issue fee, a 200 settingdown fee, and a 5,000 trial fee. In
Germany a similar case would cost 2,300.
30
He said: Litigants pay more than a fair fee for their constitutional right of access to
the courts. The proposed increases are little other than a stealth tax. The Court Service is
abusing its monopoly status .
Duncan Harman-Wilson, a solicitor with Reynolds Porter Chamberlain, said: These
fee increases will add further to the costs of employer liability insurance premiums, at a
time when many businesses are already struggling to afford this compulsory insurance
cover.
Christopher Leslie, Minister for Constitutional Affairs, said that the new higher fees
for bigger claims reflected the more complex and costly work needed for High Court
cases but that this would not affect the vast majority of civil court users. Mr Leslie said:
Of the total money claims issued, 83 per cent do not exceed 50,000 in value. He added
that, to protect the vulnerable, there were no plans to raise family proceedings fees to the
level of actual court costs, and that people on means-tested benefits would still be exempt
from fees. Others who suffer hardship would benefit from reduced fees.
The Times, December 7, 2004
B.1. Reading comprehension
1. People will be charged hourly trial fees in the High Court and Court of Appeal of up
to 200.
2. Over 24 years, the costs of bringing or defending civil claims have risen by between
900 per cent and 4,150 per cent.
3. The massive increases will reduce access to justice.
4. The Court Service is a resource provided by the state.
5. Claimants have other alternatives to using the courts.
6. A case involving a claim for 100, 000 will cost 6,100.
7. Litigants pay a fair fee for their constitutional right of access to the courts.
8. The Court Service is abusing its monopoly status.
9. The new higher fees will affect the vast majority of civil court users.
10. Special measures will be taken to protect the vulnerable.
B.2. Talking Point
Enlarge upon one of the following sayings:
1. Law is a bottomless pit.
2. Lawsuits consume time, and money and rest and friends.
3. A lawyers opinion is worth nothing unless paid for.
31
4. One suit of law breeds twenty.

5. Agree, for the law is costly.
6. Win your lawsuit and lose your money.
B.3. Language Focus
B.3.1. Complete the following table with the corresponding verb(s), noun(s) or
adjective(s) where appropriate:
Noun
Verb
Adjective
deterrent
controversial
settle
alternative
commercial
provide
implication
financial
exceed
liability
B.3.2. Phrasal Verbs TAKE
Insurers will not want to take on the increased financial risk of insuring a case of which
the outcome is uncertain.
Fill in the blanks with the appropriate item. Choose from the list:
after
away
against
before
off
in
aback
apart
back
up
down
out
1. I was taken .................... by his rudeness.

2. Your daughter doesnt take after .................... you at all.
3. Why have you suddenly taken .................... him?
4. We were simply taken .................... by the opposition.
5. These books must not be taken .................... from the library.
6. We only take goods .................... if customers can produce the receipt.
32
7. He was taken .................... the headmaster and made to confess.

8. Anything you say may be taken .................... and used as evidence against you.
9. Her lecture took .................... all the recent developments in the subject.
10. He takes .................... the Prime Minister to perfection.
11. The police have taken .................... a summons against the drivers of both cars
involved in the accident.
12. Id like to take you .................... on what you said about unemployment.
B.3.3. Give the Romanian equivalents for each of the following phrases and use them in
1. to register a claim
2. to bring proceedings against
3. to bring to trial
4. to find against the plaintiff/defendant
5. to get a fair hearing
6. to have plenty of brief
7. to hear the case
8. to lay a claim on
9. to make default
10. to press/push ones suit
Section C
Translation

If the idea of dues and entitlements is central to the concept of fair treatment, where do
such dues and entitlements come from? The answer is that they are created within a
context of authoritative standards, standards which create in those to whom they apply
normative expectations. An expectation, that is to say, which is not just hope, prediction
or wishful thinking, but has a binding and obligatory character, so that to thwart the
expectation would be a breach of obligation. The simplest and most common basis for
normative expectations are rules; legal rules but not only legal rules since any set of rules
may be the basis of obligation and entitlement. But while there is a natural association
between rules and normative expectations, and therefore between rules and fair treatment,
it would be wrong to think that only rules create normative expectations. Normative
33
expectations, and in turn dues and entitlements, spring from many sources: from promises
and undertakings, commitments and understandings, even actions and intentions.
Normative expectations, moreover, do not depend on the immediacy of a one-to-one
relatioship or an undertaking of an express kind; they may have a communal basis and
derive from longer term understandings and assumptions prevailing within a community.
The very idea of a community depends on a high level of settled standards about how
people will be dealt with and what dues and entitlements they may expect. The law is one
formal and important network of such standards, but it is not the only one.
Reflection on law as a set of normative standards reveals a number of important points
about dues, entitlements, and fair treatment. The standards of law give rise to normative
expectations, the most fundamental of which is that a person will be dealt with in
accordance with those standards. That expectation must itself originate outside the law,
for the bindingness of law stems from a social principle, prior to the law, to the effect that
peple will be dealt with in a certain way. Each society naturally develops a whole range
of principles about how people should deal with each other and how each should be dealt
with by the state. The law is one set of standards, the normative basis of which is the
more fundamental principle that people will be treated according to law. In day-to-day
affairs, it is enough to point to the law as providing standards of treatment without
reference to anything further, since it is taken for granted that the law will be or at least
should be applied. If we want to know why that is the case and how it comes about, we
must move to a different level of discourse and understanding: we must then focus on the
relationship between a society and each of its members and ask what are the normative
understandings governing that relatioship. One basic understanding, but not the only one,
is that, subject to certain qualifications, individual persons will be treated in accordance
with the law. If the notion of an understanding is not quite strong enough to support such
a mighty edifice, then let it be put in the stronger normative terms of an implicit promise
or undertaking society gives to its members that, when the occasion arises, each will be
treated according to law.
Due Process and Fair Procedures, D. J. Galligan
Unitatea poporului i egalitatea ntre ceteni
Articolul 4
(1) Statul are ca fundament unitatea poporului romn i solidaritatea cetenilor si.
(2) Romnia este patria comun i indivizibil a tuturor cetenilor si, fr deosebire
de ras, de naionalitate, de origine etnic, de limb, de religie, de sex, de opinie, de
apartenen politic, de avere sau de origine social.
Egalitatea n drepturi
Articolul 16
(1) Cetenii sunt egali n faa legii i a autoritilor publice, fr privilegii i fr
discriminri.
(2) Nimeni nu este mai presus de lege.
(3) Funciile i demnitile publice, civile sau militare, pot fi ocupate, n condiiile
legii, de persoanele care au cetenia romn i domiciliul n ar. Statul romn
34
garanteaz egalitatea de anse ntre femei i brbai pentru ocuparea acestor funcii i
demniti.
(4) n condiiile aderrii Romniei la Uniunea European, cetenii Uniunii care
ndeplinesc cerinele legii organice au dreptul de a alege i de a fi alei n autoritile
administraiei publice locale.
Accesul liber la justiie
Articolul 21
(1) Orice persoan se poate adresa justiiei pentru aprarea drepturilor, a libertilor i
a intereselor sale legitime.
(2) Nici o lege nu poate ngrdi exercitarea acestui drept.
(3) Prile au dreptul la un proces echitabil i la soluionarea cauzelor ntr-un termen
rezonabil
(4) Jurisdiciile speciale administrative sunt facultative i gratuite.
Dreptul persoanei vtmate de o autoritate public
Articolul 52
(1) Persoana vtmat ntr-un drept al su ori ntr-un interes legitim, de o autoritate
public, printr-un act administrativ sau prin nesoluionarea n termenul legal al unei cereri
, este ndreptit s obin recunoaterea dreptului pretins sau a interesului legitim,
anularea actului i repararea pagubei.
(2) Condiiile i limitele exercitrii acestui drept se stabilesc prin lege organic.
(3) Statul rspunde patrimonial pentru prejudiciile cauzate prin erorile judiciare.
Rspunderea statului este stabilit n condiiile legii i nu nltur rspunderea
magistrailor care i-au exercitat funcia cu rea-credin sau grav neglijen.
Section D
Writing
Comment on:
When everyone is somebody,/ Then no one is anybody.
W. S. Gilbert
Equality is the soul of liberty; there is in fact, no liberty without it.
Frances Wright
Either none of mankind possesses genuine rights, or everyone shares them equally;
whoever votes against anothers rights, whatever his religion, colour or sex, forswears his
own.
Antoine Nicolas de Candorcet
35
UNIT 4
Section A
THE RIGHT TO CONSIDERATION
Revealing the Concept
Every person has a right to be treated in a way that is non-arbitrary. Arbitrariness is an

elusive concept, but it does convey an idea of what is important in the relationship
between citizen and state: the individual with his interests and concerns in some sense
counts in the deliberations of the discretionary decisionmaker. Individual persons are
very much affected by discretionary decisions where the wider public interest is the main
concern, and the fact that some of the most fundamental interests in liberty, property,
livelihood, and status are vulnerable to administrative action is a sound basis for restraint
in pursuit of the public interest. It is then a short step to a normative principle which takes
account of that vulnerability and justifies minimum standards of protection.
The principle may be called the principle of consideration, suggesting that the interests of
those affected must be taken into account, while allowing that ultimately they may be
overridden by wider notions of public interest. But while a sense of public interest may
prevail, it does so only after proper account is taken of the interests affected. The
principle insists on the official responding to those interests while retaining the decision
as to the course of action finally to be followed. The principle of consideration guarantees
no result, but it shows that the interests of persons are an element of the public interest
and should be taken seriously. The principle of consideration in turn generates a right to
consideration. We now have a clear thread running between basic, moral and legal rights:
the basic right to be treated with respect as a person justifies a moral right to
consideration in the affairs of government, while that moral right provides the case for a
legal right to certain sandards of fair treatment governing the exercise of discretion. The
standards in turn generate rights to appropriate procedures.
The right to consideration in discretionary decisions might be compelling in principle but
seems hopelessly vague in practical application. The sentiment is noble: each person
should count and administrators are never justified in simply ignoring the interests of
those affected. But how does it help the prisoner seeking parole, the applicant for a
licence, or the objectors to the motorway? What is necessary in such cases to satisfy the
right to consideration and so to avoid treating the person unfairly? The answers to such
questions are unlikely to be clear or simple; since the range of administrative decisions is
variable, and the interests that may be affected are diverse, the right balance between the
public interest and regard for the individual person is likely also to be variable. This can
be ilustrated by contrasting an individualized decision, whether to grant parole for
example, and the decision as to which route a motorway should follow. In the parole
case, it is reasonable to expect close attention to be paid to the situation of the prisoner,
even though, finally, the decision might be made to deny parole because of the need to
protect the public. But in order for the decision to be justifiable, the parole agency should
inquire closely into the facts about the prisoners case, his record in prison, and the likely
risk he would pose to the public. In making the motorway decision, on the other hand,
36
many people, interests and factors are involved and, while all must be considered, the
principle of consideration in respect of any one person or interest would demand less. It
might be enough, in justifying the decision, to show that the many claims and arguments
put forward have been looked at, that some of them are irreconcilable, and that finally a
course has been settled which is rational, reasonable, and in good faith.
It can be seen from these examples that precisely what is required by the right to
consideration has to be worked out in different contexts, taking account of the nature and
purpose of the power and of the range and importance of the interests affected. Some
content can be derived from intermediate standards like purposiveness, rationality, and
reasonableness, with each giving some guidance as to how powers are to be used, and
with each placing some restrictions on what is permissible. Administrative powers should
be exercised for the purposes stated in or capable of being extrapolated from the statute;
they should be used rationally in the sense that decisions are intelligible applications of
purposes and, at the same time, meet the ordinary canons of reasoning. Powers should be
used rationally and reasonably, suggesting that not only are all the relevant matters to be
taken into account, but that the outcome is itself reasonable, the product of reflection and
reasoned judgement. These notions are the foundations of judicial review of discretionary
authority. However, standards like these go only a short way towards protecting the
person affected; a policy decision can be purposive, rational, and even reasonable without
ensuring the required level of consideration of the person.
Take purpose and rationality in relation to parole: the governing statute is unlikely to
provide much guidance beyond specifying very general policy goals; decisions of the
parole authorities might pursue those goals in ways which are rational and purposive and
yet pay scant attention to the situation of the prisoner. If they were to decide that in the
interests of public protection, all prisoners whose estimated risk of reconviction is more
than ten per cent should be denied prole, it would be difficult to argue that such an
approach is beyond purposes or inherently irrational. Now suppose that we insert the
principle of consideration, the idea that the prisoner must be treated with respect, that his
interests and situation must be taken into account. A new dimension is added: it is itself
open and indeterminate, but there is now an additional matter which is required expressly
to be put in the balance. What constitutes purpose and what satisfies reason have a
sharper focus, since they must now include a concern for the specific circumstances of
the prisoner. The grounds of justification have now changed so that a decision will be
justifiable only if it adopts a conception of the public interest, which not only advances
purposes rationally and reasonably, but also takes proper account of the particular case.
The right to consideration adds to policy decisions a value witch must be respected in
decision-making. The value remains constant across different decisions, but the practical
standards needed to ensure respect for it vary according to the context. The right to
consideration in turn justifies rights to procedures, the procedures being those necessary
to ensure proper consideration in the discretionary process. They will normally include
familiar procedural forms: knowing the issues to be decided and where possible the
criteria to be applied; having an opportunity to make ones case, to address the issues,
and to respond to others; and being provided with an explanation and justification for the
37
final decision. The right to consideration does not necessarily mean that all or any of
these particular procedures are to be followed; for example the right to consideration does
not necessary include the power to participate. Participation will normally be a part of the
right, but participation is an instrument to proper consideration and whether it is needed
in a given context will depend on the context. The same applies to other procedures; the
justification for each is that it is instrumental to the principle of consideration. Sufficient
steps may have been taken at an earlier stage to ensure adequate consideration of those
affected, with the result that no special procedures are needed at the administrative level.
According to the principle of selective representation it is necessary to ensure only that,
taking the policy process as a whole, the interests of groups and individuals are properly
considered. The principle of consideration can be satisfied in a number of ways at a
number of points in the regulatory process.
To conclude, the starting point in developing the right to consideration was the
recognition that important values about the treatment of persons apply to discretionary
decision making even where the overriding concern is the public interest. The basis for
those values and the standards based on them is a moral view about the relationship
between the citizens and the state. Views may differ about the precise terms of the
relationship and therefore about the normative standards governing it. There is a central
and irreducible principle that, in the discretionary, policy-making functions of the
administrative state, the interests, circumstances, and concerns of individual and groups
should be taken into account in making a decision. This right to consideration of course
has to be interpreted in each context, but it is morally compelling in the sense that it
should be included in any set of acceptable principles governing the citizen-state
relationship.The right to consideration can be seen at work in notions of nonarbitrariness, purposiveness, and reasonableness, but it goes beyond them and constitutes
a dynamic principle of fair treatment. The right to consideration in turn generates and
justifies suitable procedural rights. Finally, the right to consideration is not the only right
in the discretionary, policy making context. There may be other standards of fair
treatment which ground other rights, principles of consistency and non discrimination
being examples.
Due Process anf Fair Procedures, D.J. Galligan
1. The individual with his interests and concerns counts in the deliberations of the
.............................. .
2. The interests of persons are an element of the .............................. .
3. The principle of consideration generates .............................. .
4. The basic right to be treated with respect as a person justifies .............................. .
5. .............................. are never justified in ignoring the interests of those affected.
38
6. The right balance between the public interest and regard for the individual is
.............................. .
7. The procedures are necessary to ensure proper consideration .............................. .
8. The principle of selective representation states that .............................. .
9. The right to consideration has .............................. in each context.
10. This right should be included in any set of acceptable principles governing
.............................. .
A.2. Talking Point
Enlarge upon:
A right is not effectual by itself, but only in relation to the obligation to which it
corresponds ... An obligation which goes unrecognised by anybody loses none of the full
force of its existence. A right which goes unrecognised by anybody, is not worth very
much.
Simone Weil, LEnracinement
A.3. Language Focus
A.3.1. Modal Verbs MUST
The right to consideration adds to policy decisions a value which must be respected in
decision making.
Must is a modal auxiliary verb used to express:
1. certainty
If A is bigger than B, and B is bigger than C, then A must be bigger than C.
2. necessity and obligation
Students must be monitored carefully if they are to get good results.
You must be here before 8 am tomorrow.
3. prohibition
You mustnt open this parcel until you get home.
Strong obligation must and have (got) to
You must write the essay today.
You have to wear a gown in court, dont you?
- must refers to the authority of the speaker, have to refers to the authority of another
person, or to obligation generally
- have to to express obligation is much more widely used, as it has all the forms of a verb
that must does not have
Past: I had to get up at 6 am to go to the faculty.
39
Present Perfect: Ive had to carry out a lot of experiments for the past ten years.
- have got to also exists in British English to express strong obligation
Have you got to fly? The train journey is much more fun.
Mild obligation should and ought to
- they are used to give advice and to make suggestions:
You ought to learn to relax.
You should not work too hard.
Absence of obligation: need not and dont have to
- need not: the speaker gives permission for an action not to be performed or sometimes
merely states that an action is not necessary; it expresses the speakers authority or
advice:
You needt make two copies. One will do.
- dont have to expresses external authority
We dont have to type our essays but we have to write legiblly.
Choose one of the following situations and write a short dialogue using the verbal forms
corresponding to the various degrees of obligation:
1. You have been invited to hold a speech at a conference focusing on the right to
consideration.
2. You have been asked to monitor the activity of a group of students for a week.
3. You have been given the task to organize a publicity compaign for a newspaper
written by students.
4. You have taken the opportunity to become an election observer in the coming local
elections.
A.3.2. Match the words below to their explanations using the following grid:
1
10
1. elusive
a. having power
2. discretionary
b. according to the rules
3. sound
c. logical
4. proper
d. difficult to understand
5. appropriate
e. useful
6. compelling
f. more important than any other considerations
7. reasonable
g. based on reason
8. purposive
h. that one must accept
40
9. scant
10. overriding
i. hardly enough
j. suitable
A.3.3. Explain the following phrases and use them in contexts of your own:
1. to take into account
2. to grant parole
3. to pose a risk to
4. to put forward
5. to place restrictions on
6. to meet the canons of
7. to go a short way towards
8. to pursue goals
9. to put in the balance
10. to make ones case
11. to take steps
12. to see at work
Inddividualised decisions are about 1 .................... one person or perhaps a few people
should be treated, while collectivized decisions are 2 .................... a course of action to
be taken in the public interest where a range of people and interests are 3 .................... .
The distinction should 4 .................... be taken too strictly, since cases may occur which
involve elements of 5 .................... .
Collectivised decisions can in turn be divided into two 6 .................... . In general,
collectivized decisions allow substantial discretion and affect a 7 .................... of parties
and interests; the issue might 8 .................... to solve a specific problem, whether to build
another airport, or it might be to draw 9 .................... rules for general application to
individualised cases in the future. The common 10 .................... is that general policy is
made on an issue of collective interest. The differences are that one case relates to a
specific issue, 11 .................... in the other policies have to be settled 12 ..................... the
purpose of rule-making.
41
Section B
All for Religion, Race, Gender, Age and Disability
Key concessions will be announced by ministers today in an attempt to end a bitter row
with race relations chiefs over plans for merging them into a new anti-discrimination
super quango.
Patricia Hewitt, the Trade Secretary, is expected to promise stronger powers for the
body, guarantees on funding for community relations, and reforms of blasphemy laws to
ensure that they ban all forms of religion hatred.
Next weeks Queens Speech will include proposed legislation to create an equality
and human rights commission covering race, gender, disability, age and religion.
It would have an annual budget of 50 million and is strongly supported by business
leaders who complain that firms are increasingly entagled in red tape from myriad antidiscrimination organisations.
The Commission for Racial Equality opposed the proposals, saying that a merger
would be a huge mistake when racial issues ranging from asylum and immigration to
Islamophobia are at the top of the political agenda.
Trevor Phillips, the director of the CRE, was also worried that subsuming his
organisation into a new body combined with the Equal Opportunities Commission and
Disability Rights Comission could undermine a 4 million a year community relations
programme.
It is understood that a round of intense negotiations this autumn have resolved most of
these issues.
Tony Blair used his party conference speech to promise legislation for outlawing all
forms of religious hatred.
Ms Hewitts announcement today is expected to promise that the new commission
will have enhanced rights to prosecute cases of discrimination and demand evidence from
witnesses in inquiries.
She will also seek to appease the CRE by saying that the merged super commission
will include community relations, in adddition to human rights and equality, as one of its
core objectives.
Although the CRE could yet be given a longer period before it must join the
commission, the concessions are likely to be welcomed as a sign that the Government has
listened to justifiable objections.
When plans for the commission were announced in May Britains largest civil service
union, the Public and Commercial Services Union said that the Government had missed
an opportunity.
The union expressed concern about the resourcing of the new body, saying that the
Government planned funding cuts of up to 13 per cent to existing equality bodies.
But Julie Mellor, the chairman of the Equal Oportunities Commision, said that the
Governments pledge to give public-sector bodies a duty to promote equality for women
and men would be the most significant change in sex equality law in 30 years.
Tom Baldwin, The Times, November 18, 2004
42

1. Key concessions will be announced by MPs in an attempt to end a bitter row with
race relations chiefs.
2. The Trade Secretary is expected to promote stronger powers for the body.
3. The Queens Speech will include proposed legislation to improve the equality and
human rights commission.
4. The commission is strongly supported by religious leaders.
5. The CRE is the short form for the Commission for Racial Equality.
6. Tony Blair promised legislation for outlawing all forms of religious hatred.
7. The new commission will have enhanced rights to prosecute cases of discrimination.
8. The merged super commission will not include community relations.
9. The Public and Commercial Services Union is Britains largest civil service union.
10. The Union did not express any concern about the resourcing of the new body.
B.2. Talking Point
Enlarge upon:
Take sides. Neutrality helps the oppressor, never the victim. Silence encourages the
tormentor, never the tormented.
Elie Wiesel
We should therefore claim in the name of tolerance, the right not to tolerate the
intolerant.
Karl Popper, The Open Society and Its Enemies
B.3 Language Focus
B.3.1. Complete the following statements:
1. The principle that people should be treated with concern and respect
.............................. .
2. The normative expectations of a citizen .............................. .
3. ............................... might invoke a normative principle that the trial should be a
fair contest.
43
4. The parties should be treated with equal .............................. .

5. Conceptions of justice are many-layered and give thus rise to many complex
.............................. .
6. .............................. should be made of the level of conflict between law and a deeper
conception of justice.
7. If the conflict is truly fundamental then there can be little virtue in ..............................
8. .............................. highest duty is to avoid serious injustice to those subject to his
authority
9. The relationship between the individual and the community .............................. .
10. Legal institutions develop working rules about ............................... .
B.3.2. The word equality in the article is made up of the adjective equal and the ending
-ity
The suffix ity combines with adjectives to form nouns which refer to the state or
condition described by the adjective.
Use the definitions to find words constructed in a similar way:
1. being different, especially in an undesirable way
a__________
2. quality of being genuine
a___________
3. ability to resist infection, disease
i_______
4. efficiency, especially in industry
p___________
5. state of being successful or rich
P_________
6. state of being varied
d________
7. strength of emotion
i________
8. protection from danger or worry
s_______
9. careful observance of rules, conventions,

etc of language or behaviour
f________
10. quality or state of being liked or admired

by many people
p_________
B.3.3. Choose the word A, B or C which best completes each sentence:

1. Due process and procedural fairness .................... together.
44
A go
B belong
C work
2. Natural justice refers to the specific .................... relating to hearing and bias.
A themes
B doctrines
C papers
3. The law is full of instances where the precise .................... of rights depends on
judgement and discretion.
A scope
B sphere
C aim
4. What counts as the public interest might be left to the .................... of the decision
maker.
A power
B discretion
C will
5. Procedural rights are .................... by substantial rights.

A generated
B introduced
C enhanced
6. The ....................... of a right is unfair and so the source of moral harm.

A breaking
B deprivation
C upholding
7. The actions of government and administration should be .................... to groups and

individuals.
A conclusive
B sensitive
C responsive
8. The decision about how to treat a person is substantially .................... by broad policy
considerations.
A governed
B linked
C overwhelmed
9. Formal legal authority can be modified to take account of the rich .................... of
administrative decisions.
A substance
B texture
C power
10. The relationship between the official and the person is grounded in ....................
which draw on basic moral and political values.
A statements
Section C
B conclusions
Translation

Councils failing to learn from Climbi case
45
C understandings
Half of all social services departments are failing most children in their area, nearly two
years after Lord Lamings report into the Victoria Climbi child abuse case highlighted
ways in which the child protection system should be improved (Alexandra Frean writers).
David Behan, the Chief Social Services Inspector, said yesterday he was concerned
that a significant number of councils had given up trying to improve or had become
complacent. We are concerned that some councils are stuck in a comfort zone and have
not improved. We dont think that councils can go on for three, four or five years having
exellent capacity for improvement without delivering the improvements, he said.
He gave warning that councils persistingly failing to deliver satisfactory social
services could face action from the Government. In serious cases, entire social work
departments could be taken over by external managers.
Mr Behan was commenting on the publication of the annual social services league
tables, which show that only seven of the 150 social services departments in England are
considered satisfactory.
The Times, November 18, 2004
Avocatul Poporului
Numirea i rolul
Articolul 58
(1) Avocatul Poporului este numit pe o durat de 5 ani pentru aprarea drepturilor i
libertilor fizice. Adjuncii Avocatului Poporului sunt specializai pe domenii de
activitate.
(2) Avocatul Poporului i adjuncii si nu pot ndeplini nici o alt funcie public sau
privat, cu excepia funciilor didactice din nvmntul superior.
(3) Organizarea i funcionarea instituiei Avocatului Poporului se stabilesc prin lege
organic.
Exercitarea atribuiilor
Articolul 59
(1) Avocatul Poporului i exercit atribuiile din oficiu sau la cererea persoanelor
lezate n drepturile i n libertile lor, n limitele stabilite de lege.
(2) Autoritile publice sunt obligate s asigure Avocatului Poporului sprijinul necesar
n exercitarea atribuiilor sale.
Raportul n faa Parlamentului
Articolul 60
Avocatul Poporului prezint celor dou Camere ale Parlamentului rapoarte, anual sau
la cererea acestora. Rapoartele pot conine recomandri privind legislaia sau msuri de
alt natur, pentru ocrotirea drepturilor i a libertilor cetenilor.
Section D
Writing
Comment on:
Prejudice is the child of ignorance.
William Hazlitt, On Prejudice
46
UNIT 5
Section A
THE FREEDOM OF INFORMATION
The Value of Information
Information is a commodity, which is bought and sold. However difficult it may be to

define how it acquires value, the fact of the commodification of information cannot be
denied. Books, journals and computer software have a price attached to them at which
they are bought and sold. One can assign costs to the construction and maintenance of
telecommunications networks, computer hardware, and so on. One can calculate the cost
of processing information, in terms of the time involved in obtaining, recording and
retrieving it, a cost which would normally be a combination of paying for the time of
those involved and the cost of the materials, equipment and consumables they use. None
of this, however, really addresses the question of the value if any which can be
assigned to information.
The problem lies in part in the definition of the information itself. Dictionary definitions
typically suggest that it is a sub-set of knowledge acquired, deliberately or accidentally,
by study or experience. For some purposes, this is adequate: information is simply a part
of the total stock of human knowledge. One can, however, take the matter a little further.
It can be argued that the transformation of knowledge into information the
systematization of what is known depends on our ability to record knowledge, because
the process of recording implies a process of selection. The earliest human records did
not represent the total stock of knowledge of Palaeolithic man or the ancient Babylonians,
but rather that part of the knowledge store that they deemed worthy of recording or
necessary to record. Information then is inseparable from our ability to record it.
It does not follow from this, however, that information is inseparable from the medium
on which the record is made. On the contrary, one of the characteristics of information is
that it can be transferred between media without any significant loss of content. A handwritten sentence might subsequently be typed, word-processed, printed, photocopied and
so on, while retaining an unchanged information content. If one adds this separability
from a medium to inseparability from a recording system of some kind, one arrives at a
definition of information as a subset of knowledge which is recorded in some symbolic
form.
It is in this state, when it is independent of its medium of storage, transmission and
retrieval, that one must assign a value to information, for it is only in this state that it has
a separate existence. Economists and information scientists (principally the latter) who
have addressed this issue have generally agreed that the user rather than the producer
determines the value of information, as opposed to its cost. The supplier the publisher
or the bookseller fixes the cost of a book; the value of the information that it contains is
a matter for the judgement of the purchaser or the end-user. The value of information,
therefore, is an uncertain concept, which cannot easily be quantified. Its value will be
47
perceived differently by different people and perhaps even by the same person depending
on the circumstances of time, place and context.
The variability of the value of information determined by the consumer rather than the
producer is compounded by the fact that its value can be argued to increase as it
becomes more common. This apparent paradox that information, unlike many
commodities, has no scarcity value reflects the origin of information as a subset of
knowledge. What users are seeking is the subset that best meets their needs. Up to the
point at which the sunset is optimized, each additional piece of information increases the
value of all those that have already been acquired. Even beyond that point, there may
continue to be some accumulation of value, although at a lesser rate, until the point is
reached at which there is so much information that it is no longer possible effectively to
use it. This is the point of information overload, an increasingly common phenomenon in
advanced information societies.
The value of information is not intrinsic to the information itself; it depends on its
suitability and availability. While it is impossible to assign an absolute value to any given
piece of information, it is clear that for the individual user such a value can be assigned.
This may be economic, but it may equally be social or cultural. The issue is how much
money the end-user is prepared, directly or indirectly, to pay to acquire the information;
that ultimately is the measure of its value. Some information, however may be regarded
as a public good; public health information, for example, is supplied by governments and
other authorities free of charge (or rather is paid for out of general taxation). Some
information may be freely provided as a form of advertising; hence the airline or railway
timetables that appear on websites and elsewhere to encourage potential customers to
buy the services being offered. Some information may clearly be a private good to be
bought and sold by individuals for their own benefit, as when marketing information is
sold to the suppliers of goods and services. A particular piece of information may
actually change from private to public good and vice versa according to the context.
If it is accepted that information has a value, and that this is no mere abstraction, it
follows that there can be circumstances in which the absence of information is
disadvantageous. In such circumstances, a person or organization (or even a country or its
government) is disadvantaged because of what is not known but could be known. The
uninformed or under-informed person or organisation then becomes a buyer in the
information market-place, provided that the information is available and that they have
the resources to acquire it. This does not conflict with the concept that the value of
information is determined by the end-user; indeed it tends to reinforce it, since it is the
market that provides a context in which a buyer can determine what is regarded as a fair
(or at least acceptable) price.
Against this background, one can understand the concepts of information wealth and
poverty, which in turn underpin one of the most important political issues of the
information society: who obtains, and who is excluded from, whatever benefits it may
have to offer.
The Information Society, John Feather
48

1. Information is .............................. .
2. The earliest human records represented that part of the knowledge store that
.............................. .
3. Information can be transferred between media without .............................. .
4. .............................. rather than the producer determines the value of information.
5. The value of the information contained in a book is a matter for the judgement of
.............................. .
6. What users are seeking is .............................. .
7. The point of information overload is .............................. .
8. The value of information depends on .............................. .
9. Some information .............................. as a form of advertising.
10. The absence of information can lead to .............................. .
A.2. Talking Point
Enlarge upon:
Information is a commodity, which is bought and sold.
Information can tell us everything. It has all the answers. But they are answers to
questions we have not asked, and which doubtless dont even arise.
Jean Baudrillard, Cool Memories
A.3. Language Focus
A.3.1. The Passive
A hand written sentence might subsequently be typed, word-processed, printed,
photocopied and so on.
Form: subject + verb to be + past participle
The tense of the verb to be changes to give the different tenses in the passive.
Present Simple
The proposals are debated on in this conference room.
Present Continuous
The office is being redecorated.
Past Simple
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The faculty was built in 1940.

Past Continuous
The civil servants were being presented the new policy lines, when the minister
came in.
Present Perfect
The project on a modern administration has been approved.
Future
The strategy will be made public by next Monday.
Infinitive
The committees decision can be found on the Internet.
Use
- passive sentences move the focus from the subject to the object of active sentences
- very often by and the agent are omitted in passive sentences
- the passive is associated with an impersonal style
Write a few lines on the importance of information for you using passive constructions.
A.3.2. Prefixes UNDER
The uninformed or under-informed person or organisation then becomes a buyer in the
information market place.
The prefix under- combines with verbs, nouns, past participles or numbers to form new
verbs, nouns and adjectives. Words formed in this way:
1. express the idea that there is not enough of something or that something has not been
done as much or as well as is needed:
e.g. underdevelop; underestimate
2. refer to or describe things that are beneath something else or that happen below
something else:
e.g. underground, underline
3. refer to people who are younger than the age mentioned:
e.g. under-fives, under-twenty-ones
4. refer to people who have a lower rank or status than someone else:
e.g. undergraduate; under-secretary
Complete the following statements with a suitable word from the list:
ground
fives
financed
librarian
graduate
developed
glass
staffed
lined
estimate
1. The problems of the under .................... world will remain intractable.

2. The hospitals are seriously under .................... .
3. It was a long way down, for Alexs office was one floor under .................... .
4. He under .................... his signature, lest it should be overlooked.
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5. They offer educational day care for two hundred under .................... .
6. The age range of under .................... college students is eighteen to twenty-two.
7. He returned as assistant under .................... at the University Library.
8. Dont under .................... him! He has published a book on business administration.
9. They have to employ more workers. Their plant is seriously under .................... .
10. Tom is specialised in under .................... cultivation.
A.3.3. Which of the words in each list is not synonymous with the first one?
1. information
news
2. acquire
get
3. matter
element
4. deem
consider
5. medium
means
6. retrieve
recapture
7. percieve
note
8. apparent
manifest
9. authority
control
10. circumstance
data
knowledge
effect
intelligence
procure
object
article
regard
pipe
review
conceive
byword
discern
incident
think
weigh
instrument
recall
recover
percolate
plain
upright
topic
channel
restore
sham
surrounding
collect
contemplate
method
rule
obtain
conjecture
clear
power
fact
apprehend
obvious
command
occurrence
position
below:
local
particularly
hampered
court
business
their
positive
public
supported
exercised
papers
legal
One important purpose of a 1 .................... right to seek information is to permit

journalists to perform 2 .................... role of discovering news, particularly about the
behaviour of public bodies, without unjustified 3 .................... interference. This objective
is only patchily 4 .................... by the law. The greatest openness to 5 .................... and
journalistic scrutiny exists in local government and the courts. 6 .................... authorities
are required to make available to the public a substantial amount of material, including
submissions concerning the way in which their powers should be 7 ..................... .
Meetings of local authorities must generally be open, with 8 .................... made available
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to the public, including journalists. The courts generally do their 9 .................... in public,
and are then open to scrutiny and reporting by journalists, although journalists ability to
establish the facts in cases being litigated is 10 .................... by the law of contempt of 11
.................... , parts of which are capable of having a chilling effect on the ability to
obtain information, 12 .................... in relation to material disclosed by a party to
proceedings under the discovery process.
Section B
Extremists Target Oxford Dons
The home addresses and private phone numbers of Oxford dons and senior Government
ministers have been posted on the internet by animal rights extremists.
Personal contact details for David Blunkett, Chris Patten, Hazel Blears and Caroline
Flint were published on a website that police allegedly tried to remove.
The list was described yesterday by Oxford University as an invitation to threaten or
attack people conducting ordinary legal activities. It lobbied Yahoo to close the site but
the site was removed only after The Times contacted the internet service provider.
The publication of more than 100 addresses could breach a High Court injunction
severely restricting the activities of animal rights protesters, which was granted to the
University in September. Oxford sought the order after a campaign of intimidation halted
the construction of its 18 million animal testing laboratory.
The website was created by an organization calling itself Badgers Unknown Anarchist
Ventures.
It gave dozens of home addresses, including those of Chris Patten, the Universitys
Chancellor, Thomas Bingham, the High Steward, and Catherine, his daughter, the ViceChancellors, academic heads and proctors. Personal details of the architects of new
laboratories and stuff in the Department of Experimental Psychology were also listed.
Ministers listed included Patricia Hewitt, the Trade Secretary; Oona King, Michael
OBrian, Jacqui Smith, Lord Sainsbury of Turville and Fiona Mac Taggart.
A spokesman for the University of Oxford said: The University can only perceive
publication of this information as an invitation to those who are prepared to harass,
threaten or attack people who are conducting ordinary legal activities.
A source close to Oxford University said police asked rather than told Yahoo to take
down the site.
A spokesman for Yahoo UK said : We operate a strict policy in accordance with UK
laws and rely on feedback from users and the press to inforce our taste and decency
policy.
Tim Lawson-Cruttendon, a solicitor-advocate acting on behalf of Oxford University,
said those responsible for the site could be jailed.
A group calling thmselves Badgers Unknown was responsible for publishing the home
addresses and telephone numbers of more than 100 people on the internet in March.
52
Billy Connolly, Ian Botham, Jeremy Clarkson and others were targeted because of
their support for hunting, shooting or fishing. Under the headline Celebrities Bloodsports
Scum, the website referred to those on the list as twisted perverts and walking
advertisments for eugenics.
In February, Mr Justice Owen and Mrs Justice Hallett were warned by police to
increase their personal security after their addresses and those of close relatives were
published on the internet. They had both sat on high-profile animal rights cases.
Speak, the organisation campaigning against the construction of an animal testing
laboratory at Oxford, denied it had anything to do with the latest website.
Robert Cogswell, its spokesman said : We condemn it wholeheartedly. Speak is a
legal campaign, I cant see what justification anyone would have for publishing the home
addresses of government ministers.
But its suspicious that animal rights people should be posting such sensitive
information while were fighting the Oxford University injunction. It could be a dirty
tricks campaign by individuals wanting to sully the name of the animal rights campaign
and is more likely to be something to do with pro-vivisection.
Thames Valley Police said: We have been notified of the existence of a website that
lists these members of staff and we will be investigating it . The Home Office said: This
is under police investigation so it would not be appropriate for us to comment.
Nicola Woolcock, The Times, November 3, 2004
1. Animal rights extremists have made public the home addresses and private phone
numbers of Oxford dons and Government ministers.
2. The site was removed after The Guardian contacted the internet service provider.
3. The website was created by an organisation calling itself Unknown Anarchist
Ventures.
4. There were listed also personal details of the architects of the new laboratories.
5. The list was described as an invitation to threaten or attack people conducting
illegal activities.
6. According to the solicitor dealing with this case, those responsible for the site could
be jailed.
7. Speak is the organisation campaigning against the construction of an animal testing
laboratory at Oxford.
8. Speak denied any involvement in the publication of the addresses.
9. According to the spokesman of the Speak organisation, this action could be a dirty
tricks campaign.
53
10. The Home Office said that it would be quite appropriate for them to comment.
B.2. Talking Point
Enlarge upon:
So that means you need to know things even when you dont need to know them. You
need to know them not because you need to know them but because you need to know
whether or not you need to know. And if you dont need to know you still need to know
so that you know that there was no need to know.
Jonathan Lynn, Antony Jay, Yes Prime Minister
B.3. Language Focus
B.3.1. Use each of the folowing phrases in contexts of your own:
1. to post on the internet
2. to close a site
3. to grant access to
4. to keep track of
5. to knock up a programme
6. to place an order
7. to route data over a network
8. to run a software
9. to set up software
10. to insert a disk
B.3.2. Give the full versions of the following abbreviations:
1. CAFE
2. CSNET
3. EOT
4. e-zine
5. FYI
6. IAP
7. PIN
54
8. WAN
9. NUI
10. YAHOO
B.3.3. Fill each of the numbered blanks in the passage with one suitable word:
The guiding principle of data protection in the democracies is that information should be
1 .................... only for the purpose for which it is gathered, and 2 .................... the
subject of the information should have the right to be certain of its accuracy and
relevance. The basic principles are 3 .................... in laws which differ between
jurisdictions.
The real purpose of 4 .................... protection law is, or should be, not the protection of
the state, 5 .................... the protection of the individual. Registered holders of data may
use it 6 .................... for the purpose for which it has been collected, and may not disclose
it to third 7 .................... without the permission of the data subject. The importance of
this in the case of medical or financial 8 .................... is obvious. On the other 9
.................... , data subjects can give permission for information to be 10 ....................
under certain circumstances. Those 11 .................... names appear on mailing lists, for
example, can give the owner of the mailing list the 12 .................... to disclose it to other
persons or bodies.
Section C
Translation

Our capacity as human beings to acquire, use and store information is essential for our
survival. This might appear a tall claim for something which in English law cannot be the
object of theft. At a practical level, disasters are avoided, accidents prevented and
sustenance provided by our use of information. Hamlets tragedy was that he was
accurately informed; Othellos that he was not. While information itself is important, our
ability to discern the degree of the reliability of the information provided is essential in
the exploitation of resources or relationships, or in the exposure of sham. Information
acquired through scientific inquiry establishes that it is irrational to believe that
consulting the auspices, the stars or the tea leaves is a reliable indication of future events.
Information is necessary to make sensible choice or wise judgement. Moral and ehical
evaluation depends upon information acquired through our own and our predecessors
55
experience. Information in the form of facts constitutes the basis of order in our lives, of
community, regularity and knowledge. Are facts nothing more than the haphazard
ascription of names or categories to phenomena impinging on our cosciousness,
however? And if there are no facts, is it possible to know anything? In order to think or
make decisions we apply categories of thought such as quantity, substance and causality,
or a priori intuitions such as space and time, to myriad phenomena which we encounter.
These are categories of intuitions which, according to Kant, inhere in the working of the
mind itself. They are the starting point, he argued, of our organisation of confused data.
They are the most basic forms of information. Their existence, Kant reasoned, is a basic
fact.
Without the application of these categories and intuitions we would be incapable of
achieving judgement or making decisions. We would be incapable of existence beyond
that of a vegetable. Such intuitions and categories, Kant believed, are inescapable in the
human predicament. But the information to which we apply our faculties of judgement
and decision making is far from immutable. It is subject to change, historical
development, inaccuracy, distortion or imprecision, and so on. This is why we normally
set a high premium on telling the truth, faithful and accurate recording of events, care in
the provision of information; and why we punish cheats and frauds or censure liars, or
hold as culpable the negligent transmission of information that causes harm. These
examples illustrate the importance of the mutual and implicit acceptance of certain
ground rules in the use of information and its employment in human communication.
Rather like the categories of thought, they are an inescapable feature of existence, in
particular of communication.
Freedom Of Information, Patrick Birkinshaw
Libertatea de exprimare
Aricolul 30
(1) Libertatea de exprimare a gndurilor, a opiniilor sau a credinelor i libertatea
creaiilor de orice fel, prin viu grai, prin scris, prin imagini, prin sunete sau prin alte
mijloace de comunicare n public, sunt inviolabile.
(2) Cenzura de orice fel este interzis.
(3) Libertatea presei implic i libertatea de a nfiina publicaii.
(4) Nici o publicaie nu poate fi suprimat.
(5) Legea poate impune mijloacelor de comunicare n mas obligaia de a face public
sursa finanrii.
(6) Libertatea de exprimare nu poate prejudicia demnitatea, onoarea, viaa particular
a persoanei i nici dreptul la propria imagine.
(7) Sunt interzise de lege defimarea rii i a naiunii, ndemnul la rzboi de
agresiune, la ur naional, rasial, de clas sau religioas, incitarea la discriminare,
separatism teritorial sau la violen public, precum i manifestrile obscene, contrare
bunelor moravuri.
(8) Rspunderea civil pentru informaia sau pentru creaia adus la cunotin public
revine editorului sau realizatorului, autorului, organizatorului manifestrii artistice,
proprietarului mijlocului de multiplicare, al postului de radio sau de televiziune, n
condiiile legii. Delictele de pres se stabilesc prin lege.
56
Dreptul la informaie
Articolul 31
(1) Dreptul persoanei de a avea acces la orice informaie de interes public nu poate fi
ngrdit.
(2) Autoritile publice, potrivit competenelor ce le revin, sunt obligate s asigure
informarea corect a cetenilor asupra treburilor publice i asupra problemelor de interes
personal.
(3) Dreptul la informaie nu trebuie s prejudicieze msurile de protecie a tinerilor sau
securitatea naional.
(4) Mijloacele de informare n mas, publice i private, sunt obligate s asigure
informarea corect a opiniei publice.
(5) Serviciile publice de radio i televiziune sunt autonome. Ele trebuie s garanteze
grupurilor sociale i politice importante exercitarea dreptului la anten. Organizarea
acestor servicii i controlul parlamentar asupra activitii lor se reglementeaz prin lege
organic.
Section D
Writing
Comment on:
Knowledge itself is power.
Francis Bacon, Meditationes Sacrae
I keep six honest serving-men
(They taught me all I knew);
Their names are What and Why and When
And How and Where and Who.
Rudyard Kipling, Just So Stories
In much wisdom is much grief: and he that increases knowledge increases sorrow.
Bible, Ecclesiastes
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UNIT 6
Section A
THE RIGHT TO PRIVACY
The Legal Background
Although privacy may be a value common to must societies (making allowances for the
very different kinds of acivity and information it is attached to), its recognition as an
enforceable right in various legal systems has been relatively recent. The French
Declaration of the Rights of Man and the Bill of Rights in The Constitution of the United
States both have fairly specific declarations of the right to freedom of expression, but no
equivalent general statement of the right to privacy. In cultural terms, privacy has been
defined as the desire of individuals for solitude, intimacy, anonymity and reserve. Falling
into the category of private-law rights, privacy encompasses four torts of intrusion,
presenting an individual in a false light, disclosure of embarassing private facts, and
appropriation of a name or likeness. An important distinction must be made between such
private-law rights of privacy between persons (and against, although not on behalf of
legal persons, on the sometimes controversial assumption that privacy is a right of human
personality and not one enjoyed by legal persons such as companies), and fundamental
rights of privacy against the state. The latter may be the basis for invalidating laws such
as those restricting abortion or allowing telephone tapping, and may also require states to
establish private law rights of action that can be asserted both against persons and against
the state itself. Another important distinction is between physical zones of privacy and
informational privacy, although the two may overlap in cases such as intrusive
photography. An important aspect of information privacy, both as a value and as a legal
right, is that the information which is sought to be controlled may be true or false (and the
value is often stronger when it is true), and it is not limited to activities or information
about them which would necessarily lead to unpleasant consequences, or produce guilt or
shame in the person concerned.
Article 17 of the International Covenant on Civil and Political Rights states:
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family,
home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
The concept of privacy is clearly not limited to isolated individuals, but includes the
kinship zone of the family. The physical zone of protection includes the home, and
correspondence with others, which may go very far from the physical home (and is, of
course, informational as well as being physical). There were proposals to include a
limitation clause in article 17 describing acceptable limits to the right to privacy, but this
was rejected.
The Covenant prohibits arbitrary and/or unlawful interference with ones privacy.
During the preparatory work fot the Covenant, there was some debate over the words
arbitrary or unlawful, and the United Kingdom found arbitrary particulary
unsatisfactory. Although the debate still is not completely over, it seems that the use of
58
both words is not redundant. The General Comment by the Human Rights Committee
defines the term unlawful to mean that no interference can take place except in cases
envisaged by the law. Interference authorized by States can only take place on the basis
of law, which itself must comply with the provisions, aims and objectives of the
Covenant. The Committee considers that arbitrary interference can extend to
interference provided for under the law. The introduction of the concept of arbitrariness is
intended to guarantee that even interference provided for by law should be in accordance
with the provisions, aims, and objectives of the Covenant and should be, in any event,
reasonable in the particular circumstances.
The International Covenant on Civil and Political Rights and UK Law, D. Harris, S.
Joseph
Answer the following questions:
1. When was privacy recognised as an enforceable right?
2. Does The Bill of Rights contain any references to this right?
3. How can one define privacy?
4. Which are the torts of intrusion?
5. What is information privacy?
6. What does article 17 of the International Covenant on Civil and Political Rights state?
7. Is the concept of privacy limited to isolated individuals?
8. What does the physical zone of protection include?
9. What does arbitrary or unlawful interference mean?
10. Why was the concept of arbitrariness introduced?
A.2. Talking Point
Enlarge upon:
Curiosity is endless, restless and useless.
There is one thing in the world worse than being talked about, and that is not being
talked about.
Oscar Wilde, The Picture of Dorian Gray
People die when curiosity goes. People find out, people have to know. How can there be
any true revolution till we know what we are made of?
Graham Swift, Waterland
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A.3. Language Focus

A.3.1. The Subjunctive
The Present Subjunctive
- it has exactly the same form as the infinitive
It is important that the manager be present when we sign the papers.
The Past Subjunctive
- it has the same form as the simple past
If I were you I would vote against his proposal.
Use
1. in certain exclamations to express a wish or hope
Come what may, well stand by you.
2. in that clauses
- after words which express the idea that something is important or desirable
e.g. suggest; recommend; ask; insist; vital; essential; important etc.
It is essential that every child should have the same educational opportunities
Our advice is that the company invest in new equipment.
We felt that it was very important that James wrote to the manager as soon as
possible.
3. as if /as though+ past subjunctive
He behaves as if he owned the place.
- after as if/as though we use a past perfect when referring to a real or imaginary action in
the past
He talks about Rome as though he had been there himself.
4. it is time+ past subjunctive
Its time we went.
Its high time we decided what method to use.
5. would rather /sooner+ unreal past
Shall I give you a cheque?
Id rather you paid cash.
6. wish+unreal past
I wish I hadnt invested so much time in that project.
Here is a list of reporting verbs that can be followed by a that clause containing a
modal or a subjunctive.
advice
command
order
agree
demand
plead
request
ask
direct
prefer
rule
beg
insist
propose
stipulate
Choose ten verbs and use them in sentences of your own.
60
recommend
A.3.2 Confusable Words. Choose the appropriate word and complete each of the
dependent, dependant
1. A secure child is not made .................... by ordinary comforting.
2. If the borrower dies during that period his or her ................... will be protected against
losing their home.
economy, economics
3. .................... plays a central role in shaping the activities of the modern world.
4. Mass unemployment is always possible in a market .................... .
historic, historical
5. .................... evidence seems to support this conclusion.
6. We are seeing the birth pang of industrial democracy: this is an ................... moment .
illegal, illegitimate, illicit, unlawful
7. They were charged with .................... possession of explosive substances.
8. The Government aimed to eliminate unofficial strikes by making them .................... .
9. All parties regarded the treaty as .................... .
10. They were all prosecuted for .................... liquor selling.
A.3.3. Complete the following table with the corresponding verb(s), noun(s), or
adjective(s) where appropriate:
Noun
Verb
Adjective
controversial
allow
debate
enforceable
encompass
basis
preparatory
envisage
redundant
distinction
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There are spheres of our personal and public lives 1 .................... are a legitimate object
of secrecy. Without adequate 2 .................... for justifiable secrets our integrity can be
compromised, our identity shaken, our security shattered. 3 .................... of legitimate
intimate relationships, medical facts, of prolonged sensitive negotiations, extremely
delicate investigations 4 .................... the public interest, development of strategic or
commercial plans, often require secrecy. Likewise the long-term development of products
5 .................... constant experimentation and creative thought or the protection of ideas. 6
.................... the guarantee of secrecy, there would be no protection for 7 ....................
development. The law has come to recognise this by the 8 .................... of copyright and
patent laws, the burgeoning area of intellectual 9 .................... law, the law of
confidentiality and specific privacy laws such as those that have 10 .................... enacted
in America and parts of the Commonwealth and Europe. Some American 11 ....................
have gone further and 12 .................... unauthorised appropriation of industrial secrets a
crime.
Section B
Fame, Freedom and Cameras in Your Face
A series of rulings by the Press Complaints Comission over the past few years has shown
what the comission considers represent invasions of privacy and what do not.
Photographs of prince William in Chile, where there would normally be no
photographers, invade his privacy. So do pictures of J.K.Rowlings daughter on a beach
outside a Mauritius hotel or Julie Goodyear (aka Coronation Streets Bet Lynch) in her
back garden or of an ordinary, unknown citizen eating in a restaurant in Dorking used to
illustrate a restaurant review. It was an invasion of his privacy to report that Euan Blair,
the Prime Ministers son, was being interviewed by Oxford.
Each complainant had a reasonable expectation of privacy Euan Blair, for instance,
was still at school (and therefore out of bounds) and was the subject of a news item only
because his parents were famous (also out of bounds). But it isnt an invasion of privacy
to photograph the newsreader Anna Ford on a holiday beach or the actress Kate
Beckinsale canoodling with her boyfriend while her daughter looked on. Both were in
public places.
When Naomi Campbell was photographed outside a drug clinic going to a Narcotics
Anonymous meeting and went to law, the judges were divided. At first she was awarded
3,500, a decision overturned by the Appeal Court, which was in turn overruled, but
62
only by 3-2, by the Law Lords. The view that prevailed was that the photograph tipped
the balance in her favour. The paper was entitled to point out that she had lied about
drugs but went too far in giving details of her treatment and photographing her outside
the clinic.
Yet privacy remains a vexing, and indeed, perplexing issue, as two recent rulings have
shown. In a judgement in June on an action by Princess Caroline of Monaco, the
European Court of Human Rights ruled that famous people do have a right to privacy.
Yet Britains Press Complaints Commission ruled last week that a woman whose name is
unknown to 99.9 per cent of the population did not.
Princess Caroline complained that the photographs constantly taken of her by
paparazzi and published by German magazines were used as entertainment, to satisfy
readers voyeurism and to make big profits. German law, however offered no remedy for
photographs taken in public places (also the situation in Britain).
The princess was a figure of contemporary society par excelence and was entitled to
privacy only if she could show she had retired to a secluded place with the objectively
perceptible aim of being left alone.
But the European court decided that German law did not adequately protect her
privacy. She was not a politician but a private individual, and going about her daily
activities fell within her private life. Lawyers in Britain interpreted that decision as a
highly significant extention to the right to privacy.
Contrast that ruling with the PCCs verdict on a complaint by solicitors for Kimberley
Fortier, publisher of The Spectator, after it was reported in August that she was allegedly
conducting an affair with David Blunkett, the Home Secretary. After the report, the PCC
and her solicitors contacted newspapers, advising them of the clause about harassment in
the commissions code of conduct. Ten days after the solicitors letter to editors, Fortier
was aprroached while walking with her son in a Los Angeles street and photographed. A
picture of her appeared in the Sunday Mirror three days later.
She complained to the PCC that she had been harassed according to the code,
newspapers should not engage in intimidation, harassment, or persistent pursuit, and the
Sunday Mirror editor, should have ensured that non-compliant material was not used.
She also complained that there had been intrusion into her privacy although she had
undoubtedly been in a public place.
The complaint was rejected. The PCC said that while Fortier had been distressed by
the photographers approach, it did not appear that the photographer had persisted in
taking her photograph after being asked to desist. The photographer had asked the
complainant if she wished to pose for a picture and she had indicated that she did not. At
some point ... he took a photograph. Neither account of the incident led the commission
to conclude that there had been a breach of the code.
The commission then argued that a request for journalists to desist from approaching a
complainant does not last in perpetuity. Circumstances change, and the story had moved
on; indeed, Fortier had reportedly contacted Blunkett to end the alleged relationship. So
again there was no breach of the code.
The PCC finally debated whether Fortier was a public figure, arguing that it had been
alleged publicly that she was having a relationship with Blunkett and that her identity had
been established in the public domain without complaint. There was a public debate
about the life of Blunkett (as guardian of the nations morals), with whom she was
63
involved. Neither she nor Blunkett had complained about the content of the articles. The
commission concluded that the photograph which contributed to the public debate and
was taken in accordance with the code was not intrusive.
We can react to this judgement either as human beings or as journalists. As human
beings, we may ask whether Fortier is genuinely a public figure, whether she deserves to
have a camera jammed in her face when shes out with her son in Los Angeles, and
whether her sex life (or Blunketts) really deserves the publicity it got. We can ask, too,
whether ten days constitutes perpetuity. As journalists, we say that Blunkett is guardian
of the nations morals and was allegedly involved with a high-profile media woman in an
adulterous affair. She deserved everything she got.
Id rather be a human being.
Brian MacArthur, The Times, November 12, 2004
1. The Press Complaints Commission has defined the concept of privacy through a
series of rulings.
2. Each complainant had a reasonable expectation of privacy.
3. The complainants included also Tony Blair.
4. Photographs in public places do not violate the right to privacy.
5. Naomi Campbell won her case against media intrusion.
6. Her case was solved in the first stage and no appeal was made.
7. The European Court of Human Rights ruled that famous people do not have a right
to privacy.
8. German law offers no remedy for photographs taken in public places.
9. Princess Caroline went to the European Court complaining about a constant media
intrusion in her life and won.
10. In the case of Kimberley Fortier, the PCC considered that there was no invasion of
privacy.
B.2. Talking Point
Enlarge upon:
A celebrity is a person who works hard all their life to become known, then wears dark
glasses to avoid being recognised.
Fred Allen, Treadmill to Oblivion
64
Fame is a magnifying glass.

Fame is like a river, that bears up things light and swollen, and drowns things weighty
ans solid.
Francis Bacon, Of Praise
Being a personality is not the same thing as having a personality.
Alan Coren
Any publicity is good publicity.
B.3. Language Focus
B.3.1. Give the Romanian equivalents for each of the following items and use them in
1. media hype
2. a news blackout
3. a press release
4. a press briefing
5. lurid reporting
6. to be in the limelight
7. to hit the headlines
8. to be given front page treatment
9. to give prominence to
10. to carry an exclusive tag
B.3.2. Choose the word A, B or C which best completes each sentence:
1. The protection of privacy .................... the medias freedom of communication.
A overwhelms
B infringes
C triggers
2. .................... about protecting interests in privacy is contained in separate codes of

practice.
A guidance
B information
C answers
3. An infringement of privacy has to be justified by an overriding public .................... .

A concern
B interest
C aim
4. The .................... of obtaining information must be proportionate to the matter under
65
investigation.
A channel
B means
C system
5. The information should be important as .................... as true.

A well
B good
C far
6. The publication of words or images should not .................... without the individuals
consent .
A be
B happen
C take place
7. What .................... the public is not the same as the public interest.
A interests
B moves
C values
8. Surprise can be a legitimate device to .................... truth.

A dig
B elicit
C know
9. A duty of confidence .................... an equitable right against further communication.

A gives
B confers
C renders
10. Information is confidential if there is a public interest in .................... it.

A hiding
B protecting
C concealing
B.3.3. Fill in the blanks in the following text with an appropriate term from the list
below:
law
created
cornerstone
publications
publish
reporting
licence
chairman
request
concern
complaint
privacy
Freedom of the press has been, in theory at least, a 1 .................... of civil liberties in
England for centuries. One of the most important results of this is that English 2
.................... does not require publishers to obtain a government 3 .................... unlike
some other countries. This means that anyone may 4 .................... a newspaper or
magazine, though in practice economic considerations mean the biggest and most widelyread 5 .................... are concentrated in the hands of a small number of companies.
Complaints about the press, which usually concern invasion of 6 .................... or unfair or
inaccurate 7 ...................., can be made to the Press Complaints Commission. The
Commission is a non-statutory body, comprising a 8 .................... and fifteen members,
one third of whom are not associated with the press. It can 9 ....................
that
newspapers publish corrections, apologies or statements about the 10 .................... , but
66
cannot enforce this request. In recent years there has been a growing 11 .................... that
its powers are too weak, particularly in the area of invasion of privacy, and that a fullyfledged privacy law should be 12 .................... .
Section C
Translation

A perennial theme in deliberation about media standards has been the desirability of
controlling journalists and broadcasters intrusions into privacy. Although the press has
been prompted to adopt self-regulation as a defensive tactic in resisting legislation, the
medias overall experience of privacy regulation shows that there will continue to be a
need for special sensitivity to their concerns.
A major reason for such sensitivity is that the concept of privacy is not easy to
elucidate and its priority in securing protection over other interests is not self-evident. In
general, it is a claim about the individuals right to restrict the availability of information
about himself or herself. The justification for such restriction is typically couched in
terms of a natural need for personal space, or control over the presentation of ones
identity or self to the outside world. Essentially, however, the claim is that individuals
should not have to account for themselves in respect of certain information and protection
of privacy may be overridden by an appeal to a significant public interest in disclosure.
Intrusions or deceptions, for example, in the form of snooping, surreptitious surveillance,
trespassing, or intercepting letters and telephone conversations, may be justified if
keeping the material relatively secret would adversely affect the public at large,
notwithstanding the harm or distress which may be caused to individuals concerned.
The difficulty, however, is to decide in which circumstances the information is
sufficiently otherregarding for the public to have a justifiable claim, if not a right, to
know about it. Some cases are reasonably clear: if facts about anti-social or harmful
practices are private, that does not justify their continued secrecy; and facts which are
relevant to politicians ability to govern are required to be publicly known in the interest
of participation in the democratic process. The medias role is organised around more
mundane objectives, however, in the form of their news values, and those values provide
a powerful incentive to provide information, not because it is in the publics interest to
know it, but because it is simply of interest to them.
As with other matters of quality in the media product, the distinction between the two
meanings of interest has proved difficult to identify in practice. Even where criteria have
been specified for identifying gratuitous publicity, they tend to shape thinking rather than
provide solutions. Examples are: what is the nature of the public interest and how
essential is publication of the persons identity, how public is the person concerned and
the information involved, how was the information acquired, and how serious was the
invasion of privacy. A set of common themes has emerged as worthy of special attention
when considering media behaviour. Partly, they are a response to public criticism to
journalists and, partly, they are an expression of professional ethics. In broadcasting,
67
there has generally been a willingness to articulate and comply with regulatory standards
for dealing with intrusions into privacy, whereas in the press there has been some
resistance to the acceptance at all of constraints on journalistic activity.
Regulating the Media, Thomas Gibbons
Viaa intim, familial i privat
Articolul 26
(1) Autoritile publice respect i ocrotesc viaa intim, familial i privat.
(2) Persoana fizic are dreptul s dispun de ea nsi, dac nu ncalc drepturile i
libertile altora, ordinea public sau bunele moravuri.
Inviolabilitatea domiciliului
Articolul 27
(1) Domiciliul i reedina sunt inviolabile. Nimeni nu poate ptrunde sau rmne in
domiciliul ori n reedina unei persoane fr nvoirea acesteia.
(2) De la prevederile alineatului (1) se poate deroga prin lege pentru urmtoarele
situaii:
(a) executarea unui mandat de arestare sau a unei hotrri judectoreti;
(b) nlturarea unei primejdii privind viaa, integritatea fizic sau bunurile unei
persoane;
(c) aprarea securitii naionale sau a ordinii publice;
(d) prevenirea rspndirii unei epidemii.
(3) Percheziia se dispune de judector i se efectueaz n condiiile i n formele
prevzute de lege.
(4) Percheziiile n timpul nopii sunt interzise, n afar de cazul infraciunilor
flagrante.
Secretul corespondenei
Articolul 28
Secretul scrisorilor, al telegramelor, al altor trimiteri potale, al convorbirilor
telefonice i al celorlalte mijloace legale de comunicare este inviolabil.
Section D
Writing
Comment on:
The Mass Media and the Right to Privacy.
68
UNIT 7
Section A
EXPLORING THE FUTURE
A 2020 Vision
Throughout history, there has been a tradition that mankind constantly casts an eye to the
future and envisages scenarios of what the world might conceivably look like. It would
be a useful exercise to cast ones eyes to the blue skies of the future and to consider what
the pubilc sector stuctures of the future will look like. How will citizens engage with
them? How seismic is the scale and rate of change likely to be? The short answer is, of
course, that we dont know, with any degree of certainty. However, looking at the trends
emerging at the outset of the twenty-first century, it is possible to construct a view which
suggests that things may be at once very different and still very much the same, at least
in respect of key issues which need to be addressed on an ongoing basis.
What is likely to be very different, in democratic societies at least, is that drifts in levels
of citizen participation will have been addressed in a range of ways. Perhaps the most
likely is that, even in societies which have long held it to be an infringement of civil
liberties, the requirement that citizens take part in political elections will have moved to a
position whereby certain levels of participation in the democratic process are mandatory.
Of course, supporting this may be the fact that for a majority of citizens participation will
have become a great deal easier. Moves towards rolling out the use of electroning voting
will have become embedded, and as this takes place and the technology becomes more
and more familiar, it is possible to envisage a future scenario which will see opportunities
for participation and comment on local, national and possibly even transnational issues
being opened up on a far more regular basis.
The year 2020 will also see many of the most industrially developed countries in the
world seeking to manage the problem of an increasingly ageing population and having to
design and deliver a range of services which are appropriate for this significant sector of
users. The promises held out by the information society and the knowledge economy
will have found themselves particularly tested in respect of how the public sector has
been able to develop appropriately to meet the needs and expectations of this sector of
society. A generation who grew up with the promise of a technology-enabled better
world may conceivably find themselves in their third age, as post-retirement is
sometimes euphemistically called, questioning how public sectors structures are
supporting their aspirations for improved quality of life.
In nations which are currently in a transitional stage into developed economies, huge
changes in infrastructure are likely to result in considerable transformation of the ways in
which people and communities relate to one another. Above all, the two-thirds of the
worlds population who currently do not have access to telephone-based communications
are likely to see tremendous changes enacted through the increased penetration of this
most basic ICT tools. This will undoubtedly feed into the emergence of far greater focus
69
upon the roles and responsibilities of public service providers, with many emerging
economies being well placed to establish structures and approaches to service delivery
unhindered by the (often) centuries of tradition evident in many more developed
nations. So, it is possible to take a view that innovation and reform in the public sector
will be global in scope, and that emerging economies may be able to enact information
and knowledge management (IKM) principles.
Perhaps the greatest change evident in the way that public services will look from a
perspective of twenty years hence is that there is likely to be a more logical and end-user
focused approach to the way in which organisations operate. The current model, which
typically sees a split of provision and responsability across national, regional and
sometimes local boundaries, is going to be challenged, possibly to the point of
extinction. The questions that an IKM-focused reform agenda specifically asks, around
the use of resources to best effect and the minimising of waste and duplication, will have
resulted in the collapsing of many of the present artificial boundaries of provision. The
first two decades of the twenty-first century could see real progress being made in
marrying the goal of citizen-centric service provision with the aspiration to reduce the
muddle and mess resulted in by lack of co-ordination across traditional stovepipe
stuctures and applications.
By 2020, having responded to the challenges introduced by moving towards the
maximisation of IKM assets, politicians and senior managers alike will be working
within a structure which is capable of being more personal, inasmuch as the individual
citizen should be enjoying the benefits to meaningful single entry points to public
services, and at the same time more consensual and participative. Citizens, as end-users,
will provide key and ongoing contributions to the development of services, with a
culturally embedded mode of contributing to ongoing service development.
So there is every likelihood, if we take a view that IKM principles have been embraced
and become embedded over time, that something which could genuinely be described as
joined up public services could be realistically expected to result. These services will
make use of increasingly powerful and sophisticated ICT applications, and as a result a
majority of citizens and of the public service work force are likely to be operating in
distinctly different ways from those which we observe today: the culture of both use and
delivery should have moved on significantly. The concepts of space and time as key
defining factors in relation to the availability of access to public services will have been
largely eradicated. For a large majority of both questions and transactions, the citizen will
be able to engage in communication with relevant services at locations and at times
which are more convenient to them. Where public services continue to have a direct
public access presence, it is likely that staff and facilities will be located within public
spaces such as shopping centres, leisure complexes or healh care facilities and that those
staff at the front line will be generalists, capable of handling a full range of service
queries and making linkages, possibly via video connection, to experts at remote
locations. Such service points are also likely to be capable of addressing issues that cover
all tiers of public service provision, with a complete removal, from public view at least,
of a sense of separateness around different strata of government.
70
Thus, if looking to the future reveals a dominance of one key theme, it is surely that of
increased momentum in tearing down many of the barriers and boundaries that operate
across traditional models of public service provision.
Managing Information in the Public Sector, Eileen Milner
A.1. Reading Comprehension:
1. Certain levels of participation in the democratic process will be .............................. .
2. .............................. will try to manage the problem of an increasingly ageing
population.
3. Two thirds of the world population, are likely to see .............................. enacted
through the increased penetration of telephones.
4. Innovation and reform .............................. will be global in scope.
5. There is likely to be a much more logical and end-user focused approach to the way
.............................. .
6. The current model is going to be challenged, possibly to the point ............................. .
7. Politicians and senior managers will be working within a structure which is capable
of being more .............................. .
8. Citizens will provide key and ongoing contributions to the development
.............................. .
9. The public services will make use of increasingly powerful and sophisticated
.............................. .
10 The concepts of space and time .............................. .
A.2. Talking Point
Enlarge upon:
Where there is no vision, the people perish.
Bible
A.3. Language Focus
A.3.1. The Future
By 2020, ... politicians and senior managers alike will be working within a structure
which is capable of being more personal.
71
The promises held out by the information society and the knowledge economy will
have found themselves particularly tested.
Ways of expressing the future in English:
1. present tenses
- future events which have already been planned
Present Progressive: What are you doing tomorrow?
Present Simple: The train leaves at 6 pm tomorrow.
2. shall/will +short infinitive
I will probably become a researcher.
3. be going to+ long infinitive
Susan is going to write a book on central government..
4. future perfect
By next year, well have been here for eight years.
5. future progressive
This time tomorrow Ill be studying in the library.
6. future in the past
I knew she would pass the examination.
7. be about+ long infinitive
The President is to visit Germany in January.
8. subordinate clauses
- in many subordinate clauses, one refers to the future using present tenses
When
Phone me when you have time.
If
He wont get a scholarship, if he doesnt learn.
What
Ill tell you what I find out.
What and where will you be in ten years time?
Try an imagination exercise and put down a few lines using future constructions.
A.3.2. Word Focus TAKE
Even in schools which have long held it to be an infringement of civil liberties, the
requirement that citizens take part in political elections will have moved to a position
whereby certain levels of participation in the democratic process are mandatory.
Moves towards rolling out the use of electronic voting will have become embedded, and
as this takes place ...
So, it is possible to take a view that innovation and reform in the public sector will be
global in scope.
Choose the appropriate word from the list and complete the following sentences:
72
stand
pride
leave
note
shape
time
possession
way
refuge
views
1. She takes great .................... in being the first to have thought about the strategy.
2. The criminal took .................... in an isolated deserted house.
3. It is rather unfortunate that he always takes short .................... of things. He could be
more open minded.
4. We should all take a .................... as far as environmental issues are concerned.
5. I must take my .................... . They are waiting for me at the ministry.
6. You should take .................... of what hes saying. He has always kept his promises.
7. Take your .................... ! You still have two hours left until your plane takes off.
8. She has always taken her .................... . She has never asked for help.
9. After the judges ruling he finally took .................... of his old house.
10. Catherine is quite pleased that her course has finally taken .................... .
below:
work
openness
organisation
starting
evolves
structures
developing
perceived
legislation
employees
engaged
but
Legislating for new public sector 1 .................... may, in many instances, be a necessary
statutory requirement, 2 .................... it is only ever likely to be a cosmetic exercise if
there is not considerable commitment and leadership given to actually making the
changes 3 .................... .
Political statements and 4 .................... around public sector structures and delivery
modes must be treated as a 5 .................... point on the road to better government, rather
than being 6 .................... as the culmination of the change process . Communicating with
and gaining the sign-up of 7 .................... is the only sure way of moving forward, and
for this to happen there must be a culture of 8 .................... and trust that is genuinely
focused upon building and 9 .................... better ways of working. When such a culture
10 .................... , then there is every chance that the final contributor to the emergence of
a truly effective information and knowledge management enabled 11...................., the
service end-user, will become far more readily 12 .................... in driving forward service
development.
73
A.3.4. Provide illustrative contexts for each of the following items:

1. to cast an eye to
2. at the outset of
3. to construct a view
4. on an ongoing basis
5. to become embedded
6. to envisage a scenario
7. to meet the needs of
8. to engage in communication with
9. to handle queries
10. to make linkages
Section B
Ideas Plucked From a Blue Sky
iPOD, uPod, we all Pod ... and Apple pockets the dosh. Earlier this month Apple
Computer reported record quarterly profits. It has also been voted the most innovative
company in the world.
This is no coincidence. Innovation having a bigger, brighter idea than your
competitors sets the cash registers ringing. That is why any winning strategy has at its
heart a good idea.
Which all sounds simple until you try to do it. Where do you go to find good ideas and
how can companies use creativity to make money?
This is a hot topic in the boardroom. The Boston Consulting Groups (BCG)
Innovation 2005 survey found that two executives out of three say that innovation is one
of their companys top three strategic priorities. Jim Andrew, a senior vice-president and
director at BCG, says: Innovaton is extremely important; without it, you quickly find
that your competitors can make it or do it too. And if strategy is about gaining a
competitive edge youre doomed when someone else says me too.
Despite their enthusiasm, most bosses dont believe that they are getting their moneys
worth from inovation. Andrew says that this is because few firms transform themselves
into truly innovative organisations. This means applying innovation to everything you do.
At places such as Sony and Apple, innovation is part of the DNA, Andrew says.
Everyone has bought into the need for it, there is support and money for idea generation
and tolerance of failures, innovation is both measured and rewarded in the form of staff
bonuses and prises.
The management guru Robert Heller says that it would help if managers relaxed and
stopped trying to control staff so much. True ideas cultures encourage dissent and
difference, he says.
74
At companies such as Gore and 3M, staff are given the time to experiment with ideas
which might, or might not, benefit the company. Sadly this is not the norm.
Back in the dot-com era everyone thought that good ideas come from highly paid
creative types. Now most people agree that anyone is capable of having a blinding idea.
Sal Pajwani, the managing director of ?What if!, a London based innovation company
says: Innovation is a science, his formula for which includes seeking inspiration from
unusual sources, thinking laterally and testing out ideas with customers. Tim Brown, the
CEO and president of Ideo, a design company, would like Pajwani. Brown thinks that
innovative strategy comes from people who think like designers, and this is what Pajwani
and the guys at Apple do. Designers know their customers, empathise with them and like
building prototypes.
Whether youre a designer or an accountant, whether inspiration strikes while you are
at your desk or in the shower, an idea strategy can definitely increase your worth.
Carol Lewis, The Times, July 21, 2005
1. Apple Computer has been voted the most innovative company in the world.
2. Any winning strategy has at its heart a good idea.
3. The BCGs Innovation 2005 survey found that one executive out of three values the
importance of innovation.
4. Strategy is about gaining a competition edge.
5. Most bosses believe that they are getting their moneys worth from innovation.
6. At Sony and Apple, innovation is part of the DNA.
7. True ideas cultures encourage dissent and difference.
8. Not anyone is capable of having a blinding idea.
9. The managing director of ?What if! says that innovation is not a science.
10. An ideas strategy can increase anyones worth.
B.2. Talking Point
Enlarge upon:
Nothing is more dangerous than an idea, when you have only one idea.
Alain, Propos sur la religion
Thinkers are people who re-think; who think that what was thought before was never
thought enough.
Paul Valery, Thinkers
75
You cant stop. Composing is not voluntary, you know. There is no choice, you are not
free. You are landed with an idea and you have responsibility to that idea.
Harrison Birtwistle
Discovery consists of seeing what everybody has seen and thinking what nobody has
thought.
Albert von Szent Gyrgyi, The Scientist Speculates
B.3. Language Focus
B.3.1. Which of the words in each list is not synonymous with the first one:
1. profit
gain
2. innovation
novelty
3. idea
conception
4. organisation
establishment
5. transform
construe
6. support
uphold
7. experiment
trial
attempt
8. empathy
feel
understanding
9. tolerate
concede
endure
urgency
fortitude
10. need
proceeds
earnings
alteration
returns
invention
element
thought
institution
convert
encumber
change
sustain
bolster
endeavour
permit
necessity
inkling
system
metamorphose
commiseration
indulge
break
brainstorm
association
transmute
sagacity
loophole
lack
ordinance
alter
assist
undertaking
comprehension
affinity
deprecate
requirement
B.3.2. Fill each of the numbered blanks in the passage with one suitable word:
One of the few certainties facing any public sector organisation is 1 .................... change
and change pressures are an ever-present part of life. The imperative 2 .................... that,
in auditing your information assets on a regular basis, change should 3 .................... on
the basis 4 .................... a sound understanding of many critical factors which might
otherwise be (and in reality often 5....................) overlooked. When 6 .................... upon
change strategies for information-intensive processes such as benefits payments, there is
a 7.................... to have a fundamental understanding of the information elements that
make up the claim, including processing and payment aspects, and identifying and
analysing 8 .................... many possible variables around this interaction as resources
9.................... . 10 .................... investing time in this activity, the likelihood of achieving
76
a change that actually works, where problems and allied wastage 11 .................... time
and further resources are minimised, is considerably 12 .................... .
B.3.3. Give the Romanian equivalents for each of the following items and use them in
1. to sustain/suffer a loss
2. to plough back profits
3. to get value for money
4. to sell at premium
5. to put out to tender
6. to break even
7. to drive a hard bargain
8. to hit the jackpot
9. to go into administration
10. to recoup ones losses
Section C
Translation

Within any organisational context the proper place to position the strategic
development and deployment of ICTs is to ensure that they are regarded as tools, as
enablers, rather than drivers, of change. Too often, influential commentators have
embedded the technology at the heart of the change process, a view at least partly
challenged by Hammer, who argues that:
The watchwords of the decade are innovation and speed, service and quality ... Instead
of embedding outdated processes in silicon and software, we should obliterate them and
start over. We should reengineer our businesses to use the power of modern information
technology to radically redesign our business processes in order to achieve dramatic
improvements in the performance.
So while technological applications are clearly important in organisational structures,
whether commercial businesses or public sector services and operations, they should not
obliterate from view the clear need to think through what it is that you want the
technology to help you to do. In IKM-focused operations there is therefore a need to
clearly articulate in strategy and planning documents what specific information and
knowledge goals and changes can be enabled through the use of technologies. Such an
approach, although possibly liable to accusations of being nothing more than much-
77
maligned common sense, is not only critical for achieving success in respect of IKM
developments but also, vitally, capable of ensuring that investment decisions are properly
focused on organisational needs and aspirations, rather than simply reflecting what the
technology is deemed to be capable of. Thus, moving towards the adoption of an IKMcentric focus upon public sector management should in practice mean a move to invert
the dominant current model of public sector developments, largely driven by capabilities
presented by technologies, and arriving instead at a position where technologies are
assesssed in respect of fit between their potential and what the organisation wants to
achieve.
Managing Information in the Public Sector, Eileen Milner
Dispoziii privind participarea la procesul de luare a deciziilor
Art. 7. (1) Participarea persoanelor interesate la lucrrile edinelor publice se va
face n urmtoarele condiii:
a) anunul privind edina public se afieaz la sediul autoritii publice, inserat n
site-ul propriu i se transmite ctre mass-media, cu cel puin 3 zile nainte de desfurare;
b) acest anun trebuie adus la cunotina cetenilor i a asociaiilor legal constituite
care au prezentat sugestii i propuneri n scris, cu valoare de recomandare, referitoare la
unul dintre domeniile de interes public care urmeaz s fie abordat n edin public;
c) anunul va conine data, ora i locul de desfurare a edinei publice, precum i
ordinea de zi.
(2) Difuzarea anunului i invitarea special a unor persoane la edina public sunt n
sarcina responsabilului desemnat pentru relaia cu societatea civil.
(3) Participarea persoanelor interesate la edinele publice se va face n limita locurilor
disponibile n sala de edine, n ordinea de precdere dat de interesul asociaiilor legal
constituite n raport cu subiectul edinei publice, stabilit de persoana care prezideaz
edina public.
(4) Ordinea de precdere nu poate limita accesul mass-media la edinele publice.
Art. 8. Persoana care prezideaz edina public ofer invitailor i persoanelor care
particip din proprie iniiativ posibilitatea de a se exprima cu privire la problemele aflate
pe ordinea de zi.
Art. 9. (1) Adoptarea deciziilor administrative ine de competena exclusiv a
autoritilor publice.
(2) Punctele de vedere exprimate n cadrul edinelor publice menionate la art. 8 au
valoare de recomandare.
Art. 10. Minuta edinei publice, incluznd i votul fiecrui membru, cu excepia
cazurilor n care s-a hotrt vot secret, va fi afiat la sediul autoritii publice n cauz i
publicat n site-ul propriu.
Art. 11. (1) Autoritile publice prevzute la art. 4 sunt obligate s elaboreze i s
arhiveze minutele edinelor publice. Atunci cnd se consider necesar, edinele publice
pot fi nregistrate.
(2) nregistrrile edinelor publice, cu excepia celor prevzute la art. 6, vor fi fcute
publice, la cerere, n condiiile Legii nr. 544/2001 privind liberul acces la informaiile de
interes public.
78
Art. 12. (1) Autoritile publice prevzute la art. 4 sunt obligate s ntocmeasc i s
fac public un raport anual privind transparena decizional, care va cuprinde cel puin
urmtoarele elemente:
a) numrul total al recomandrilor primite;
b)numrul total al recomandrilor incluse n proiectele de acte normative i n
coninutul deciziilor luate;
c) numrul participanilor la edinele publice;
d) numrul dezbaterilor publice organizate pe marginea proiectelor de acte normative;
e) situaia cazurilor n care autoritatea public a fost acionat n justiie pentru
nerespectarea prevederilor prezentei legi;
f) evaluarea proprie a parteneriatului cu cetenii i asociaiile legal constituite ale
acestora;
g) numrul edinelor care nu au fost publice i motivaia restricionrii accesului.
(2) Raportul anual privind transparena decizional va fi fcut public n site-ul propriu,
prin afiare la sediul propriu ntr-un spaiu accesibil publicului sau prin prezentare n
edin public.
Legea 51/2003 privind transparena decizional n administraia public
Section D
Writing
We look forward to a world founded upon four essential human freedoms. The first is
freedom of speech and expression everywhere in the world. The second is freedom of
every person to worship God in his own way everywhere in the world. The third is
freedom from want ... everywhere in the world. The fourth is freedom from fear ...
anywhere in the world.
Franklin Roosevelt
The universe is transformation: our life is what our thoughts make it.
Marcus Aurelius
The empires of the future are the empires of the mind.
Winston Churchill
79
BIBLIOGRAPHY
1. Birkinshaw, Patrick, Freedom of Information, Butterworts, 1996
2. Byrne, Tony, Local Government in Britain, Penguin Books, 2002
3. Carpenter, Edwin, Confusable Words, Harper Collins Publishers, 1999
4. Cohen, M., J., The Penguin Thematic Dictionary of Quotations, Penguin Books, 1998
5. Constituia Romniei 2003
6. Feather, John, The Information Society, Library Association Publishing, 2000
7. Foley, Michael, The Politics of the British Constitution, Manchester University Press,
1998
8. Galligan, D., J., Due Process and Fair Procedures, Clarendon Press, 1996
9. Gibbons, Thomas, Regulating the Media, London, 1998
10. Harris, David, Joseph, Sarah, The International Covenant on Civil and Political
Rights and UK Law, Clarendon Press, 1995
11. Irwin, John, Modern Britain, Routledge, 1995
12. Kavanagh, Dennis, British Politics, Oxford University Press, 2000
13. Legea nr. 188/1999 privind statutul funcionarilor publici
14. Legea nr. 90/2001 privind organizarea i funcionarea Guvernului Romniei i a
ministerelor
15. Legea nr. 215/2001 privind administraia public local
16. Legea nr. 52/2003 privind transparena decizional n administraia public
17. Meron, Theodor, Human Rights in International Law, Clarendon Press, 1992
18. Milner, Eileen, Managing Information in the Public Sector, Routledge, 2000
19. Oxford Advanced Learners Dictionary, Oxford University Press, 1993
20. Pilkington, Colin, The Civil Service in Britain Today, Manchester University Press,
1999
21. Ratcliffe, Susan, edited, The Oxford Dictionary of Thematic Quotations, Oxford
University Press, 2000
22. Stoker, Jerry, The Politics of Local Government, Macmillan, 1991
23. Swan, Michael, Practical English usage, Oxford University Press, 1996
24. The Times: November,3/12/18, 2004; December, 6/7/8/9/10, 2004; July, 7/19/21,
2005
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Elena ntorsureanu

English in Administrative Settings

1. Towards an Ideal of Justice .. 3

TOWARDS AN IDEAL OF JUSTICE

Justice Seen to Be Done

4. power to remain undamaged or unaffected

6. state of being greater in strength, numbers etc

7. action or time of being present

8. outstanding action or achievement

10. guarantee of compensation for loss, damage,

sickness etc. in return for regular payment

New Laws to Govern Conduct of Judges

B.1. Reading Comprehension

As the term prosecution and defence suggest, an English Trial is a 1 .................... , in

C.1. Translate into Romanian:

THE RIGHT TO GOVERN

Under The Universal Declaration of Human Rights

An institution is the lengthened shadow of one man.

A.3. Language Focus

2. Policy makers must be .................... to the electorate.

4. The disempowerment of local councils reduces opportunities for public .....................

5. Certain powers have been passed to the central ..................... .

6. Centralization may be .................... in standardizing local government services.

7. Over-centralization may discourage powerless government opponents from

8. A powerful central government may subordinate the .................... of the opposition

9. Public policy can also be influenced by local education .................... .

The Government should accelerate its new proposals to counter terrorism.

A opposition counterpart B terror adviser

B.3.2. Phrasal Verbs PUT

3. This afternoons meeting will have to be put .................... .

C.1. Translate into Romanian:

(2) Constatarea starii de incompatibilitate se face de primul-ministru, care va dispune

THE RIGHT TO FAIR TREATMENT

Who is Entitled to Fair Procedures?

conferred, at other times no provision is made at all. Much is left to administrative

I may be put at a disadvantage by a decision granting planning permission to my

draw oneself up to ones full height

draw sths teeth

draw (sbs) attention to sth.

draw the line at

1. They .................... for the right to go first.

Higher Legal Fees to Deter All but Wealthy

4. One suit of law breeds twenty.

1. I was taken .................... by his rudeness.

7. He was taken .................... the headmaster and made to confess.

C.1. Translate into Romanian:

THE RIGHT TO CONSIDERATION

Revealing the Concept

Every person has a right to be treated in a way that is non-arbitrary. Arbitrariness is an

b. according to the rules

f. more important than any other considerations

h. that one must accept

All for Religion, Race, Gender, Age and Disability

B.1. Reading Comprehension

4. The parties should be treated with equal .............................. .

2. quality of being genuine

3. ability to resist infection, disease

4. efficiency, especially in industry

5. state of being successful or rich

6. state of being varied

8. protection from danger or worry

9. careful observance of rules, conventions,

10. quality or state of being liked or admired

B.3.3. Choose the word A, B or C which best completes each sentence: