Higher education: teaching functions of the law enforcement institutions
Белорусский государственный университет |
Date |
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2013 |
Teaching legal English is problematic because of its specific vocabulary. The paper aims to specify missions and functions of the law enforcement institutions and includes the further development of the previous paper. The investigation of the topic showed the necessity to change the basis for analysis of the question whether courts belong to the law enforcement institutions. The cons and pros of attribution courts to the law enforcement institutios are regarded. It is shown that the very fact that the court has power does not mean that it is an enforcement institution. It is shown that the possession of authority should not be interpreted as an evidence for it being an enforcement institution. Actually the only conclusion that can be done from this fact is that the court belongs to one of three fundamental State powers, but does not decide exactly to which one. Another argument against the attribution of court to the law enforcement system was analysis of differences between competences of an institution and its place in the law system. It is shown that authorities of law are related to its competence and but not to its mission and functions. It is shown that courts have to be regarded as a special part of the legal system – it is a part that is situated between two other systems : legislative, on the one side, and enforcement, on the other one. The court system is the highly necessary interconnection between these both systems. It transforms the legislation for the law enforcement. However, it can be successful in completing this task only beeing an independent unity, which belongs neither to the legislation, nor to the law enforcement. Mission and aims of different legal institutions are discussed.