English for social workers I session 5 Miljen Matijašević E-mail: miljen.matijasevic@gmail.com Office: G10, room 6 (1st floor) Tue, 11:30-12:30

Today’s session Revision of the last session Constitutions and Constitutionality American Federalism

Revision of the last session Legal Aid – Criminal Procedure in the UK

Revision – Legal Aid What two types of legal aid do people usually need? How is eligibility for legal aid determined? Explain the functioning of the two tests. What is referred to as ‘contracting’? How do conditional fee agreements function? What types of cases (do not) usually qualify for free legal aid?

Revision – Criminal Procedure Who are the parties in a criminal procedure? What is the job of the police in criminal justice? What do you know about the standard of proof? Are all crimes prosecuted? What are the categories of criminal offence? What happens in a magistrates’ court? What are triable either way offences? What do you know about trials at the Crown Court?

Translate the sentences The police investigate a crime, apprehend suspects and detain them in custody. In the determination of his civil rights and obligations and of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The right to liberty and security governs matters pertaining to unlawful arrest and detention and lays down the conditions under which an individual can be deprived of his or her liberty. The prosecutor must be sure that the evidence is legally admissible and reliable, taking account of the witnesses. The defendant's silence may be adversely interpreted in the court.

Constitutions and Constitutionality Unit 12

What is a constitution? the supreme legal act, to which legislation and other regulations must conform the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it a written instrument embodying the rules of a political or social organization

Importance of constitutions Lays down the key principles on which a society, political and legal system are built Sets out the organisation of government Guarantees rights and freedoms of its citizens Strategic political act of a state and of a people Legitimizes a democratic state before the international community Facilitates stability

Types of constitution federal (multilayered) or unitary codified or uncodified rigid or flexible

The Constitution of the Republic of Croatia Promulgated on 22 December 1990, amended in 1997, 2000, 2001 and 2010 Contains the following sections: Historical foundations Basic provisions Protection of human rights and fundamental freedoms Organization of government The Constitutional Court of the Republic of Croatia Local and regional self-government International relations Amending the Constitution Final provisions

The Constitution of the RC Historical foundations Outlines the history of the Croatian state, i.e. the political idea of Croatia as an independent state from the 7th century onwards Draws upon the legacy of the rejection of communism and the political changes in the late 1980s and of the Homeland War “Respecting the will of the Croatian nation and all citizens, resolutely expressed in the free elections, the Republic of Croatia is hereby founded and shall develop as a sovereign and democratic state in which equality, freedoms and human rights are guaranteed and ensured, and their economic and cultural progress and social welfare promoted. “

The Constitution of the RC Basic provisions Define the Republic of Croatia as a unitary and indivisible, sovereign democratic and social state Lay down the most fundamental features of the state: organisation of government, democratic principles, separation of powers, political parties, armed forces, the national flag, coat of arms, anthem, language and script, and the capital city

The Constitution of the RC Protection of human rights and fundamental freedoms Set out the fundamental rights and freedoms of Croatian citizens Transpose the provisions of the UN Convention of Human Rights equality before the law, presumption of innocence, right to a fair trial, right to appeal court and administrative decisions, etc.

The Constitution of the RC Protection of human rights and fundamental freedoms the right to life (prohibits the death penalty), freedom, freedom of movement, private life, communication, religion, beliefs, etc. economic and social rights (work, property, social security, strike, family relations, education, etc.)

The Constitution of the RC Organization of government These provisions lay down the organisation, rights, duties and powers of: the Croatian Parliament, the President of the Republic of Croatia, the Government of the Republic of Croatia, the Judiciary, and the State Attorney’s Office

The Constitution of the RC The Constitutional Court of the RC Consists of 13 judges, appointed by the Croatian Parliament for an 8-year mandate Selected from the ranks of reputable jurists, judges, state attorneys and attorneys Not an actual court within the RC court system

The Constitution of the RC The Constitutional Court of the RC The Court’s main tasks are as follows: to decide on the conformity of laws with the Constitution, and of other regulations with the law and the Constitution to decide on constitutional complaints against individual court or administrative decisions (e.g. If the violate human rights and fundamental freedoms, etc.) to decide on jurisdictional disputes between the 3 branches of government to decide on the impeachment of the President of the RC to supervise the constitutionality and legality of elections and referenda

The Constitution of the RC Local and regional self-government This section regulates the right to local and regional self-government, the division into local administrative units (counties, municipalities, cities), local elections Lays down the scope of competence of local self- government units, such as the organization of housing and urban planning, public utilities, child care, social welfare, primary health services, education and elementary schools, culture, physical education and sports, etc.

The Constitution of the RC International relations Concerns the areas of international agreements and association and secession IA – regulates competence over and the ratification of international agreements, according to their content Association and secession – regulates the procedure of acceding to alliances with other states – who can initiate the procedure and the number of votes in Parliament, i.e. on the referendum are necessary for such a decision to be passed

The Constitution of the RC Amending the Constitution This section regulates the procedure of amending the Constitution Amendments may be proposed by one fifth of representatives in the CP, the President and the Government of the RC The decision to amend must be approved by the majority of representatives Amendments may be adopted only if a two-thirds majority of all representatives vote in favour

The Constitution of the RC Final provisions These provisions rescind the former House of the Counties of the Croatian Parliament and confers to the CP the obligation to enact a Constitutional Act implementing the Constitution

The United States of America Birth and Constitution

The United States of America

The United States of America Capital: Washington, D.C. (largest city: New York City) Population: 306 million, Area: 9,8m km2 Government: Federal constitutional republic comprising 50 states (48 continental + Alaska and Hawaii) and 1 federal district (District of Columbia)

The USA – the beginnings Founded by 13 British colonies who rebelled against British rule The Thirteen Colonies were: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina and Rhode Island The territory of these colonies also included 5 present- day states: Vermont, Kentucky, Tennessee, Maine and West Virginia

Growth of the United States

The USA – the revolution Mid 18th century: Britain exerted tax-levying power in the American colonies, while they were not represented in Parliament Two views: 1. the power of Parliament is undisputed; 2. colonies should get parliamentary representation Supporters of both views were present both in the Colonies and in British Parliament

The USA – the revolution The Boston Tea Party (1773) – an act of rebellion against British rule Culmination of resistance that led to the first continental congresses – conventions of representatives of the colonies), the American Revolutionary War, and ultimately the independence of the USA

The USA - independence First Continental Congress (1774) representatives of the 13 Colonies gathered and petitioned King George III to repeal acts that were imposing severe taxes on them the King refused, which led to more opposition and ultimately to war

The USA - independence American Revolutionary War (1775-1783) Armed conflict between the British Empire and the 13 Colonies several European countries joined in the war France and the Netherlands supplied arms and ammunition to the rebelled colonies

The USA - independence Second Continental Congress (1775) Americans still celebrate Independence Day on the 4th of July to mark the signing of the Declaration of Independence (1776) The Declaration written largely by Thomas Jefferson at the Second Continental Congress The sovereignty of the United States of America recognized internationally in 1783 by the signing of the Treaty of Paris

The Declaration of Independence Draws on the basic rights, such as the right to revolution. Lists reasons why the Colonies should have a right to independence from Britain The famous sentence from the Declaration, pertaining to human rights: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

USA Constitution Second Continental Congress (continued) apart from the drafting of the Declaration of Independence, a committee was put together to draft a constitution for the United States The result was the Articles of Confederation and Perpetual Union – the first constitution for the USA

Articles of Confederation laid the foundation for a confederation of states, capable of making war, negotiating diplomatic agreements, and resolving issues regarding the western territories Confederation: did not provide for a strong central government relatively powerless regarding interstate conflicts and forcible collection of tax

USA Constitution Criticised by ‘federalists’, supporters of the idea of federation Another criticism – the Articles provided for a ‘one state – one vote’ system of central government, which was deemed unfair to the larger states They were expected to contribute more tax money but only had one vote

USA Constitution Constitutional Convention in Philadelphia (1787) Organised at the initiative of Virginia Aim: to amend the Articles Main concern: the division of powers between the states and the nation

USA Constitution Two main agendas proposed for the improvement of the Articles of Confederation: The Virginia Plan (by James Madison) The New Jersey Plan (by William Paterson)

USA Constitution The Virginia Plan (‘Large State Plan’) : bicameral legislature (House and Senate) – both with proportional representation lower house elected by the people, upper by the lower executive selected by the legislature judiciary with life-term appointments, also appointed by the legislature

USA Constitution The New Jersey Plan (‘Small State Plan’) opposed to proportional representation, as it would give more power to larger states proposed a unicameral legislature with one vote per state (equal representation)

USA Constitution The Great Compromise (‘the Connecticut Compromise’): The Virginia Plan was amended so that the House of Representatives would remain the house with proportional representation, while the Senate would be structured according to the New Jersey Plan

USA Constitution Constitution of the United States of America, adopted on 17 September 1787 Ratified by all 13 colonies between 1787 and 1790 the new government, structured under the new Constitution, constituted after the ratification by a majority of nine states (as required by the Articles of Confederation) in 1789

USA Constitution The original Constitution featured 7 articles It has since received 27 amendments, the first 10 of which are known as the Bill of Rights The US Constitution inspired by the ideas of the separation of powers, but also by the British experience of mixed government (some issues decided by the people, some by a selected group) The system of ‘checks and balances’ between the branches of power

USA Constitution The articles of the Constitution deal with the following areas: legislative power, executive power, judicial power, states’ powers and limits, amendments, federal powers, and ratification

USA Constitution The Bill of Rights adds provisions regarding issues such as: freedom of religion, freedom of speech, freedom of press, freedom of assembly; the right to bear arms, the right to a jury trial, the Miranda rights (rights of the accused), etc.

Division of powers Exclusively national powers: coining money defense foreign relations Concurrent powers (exercised at both state and national levels) levying taxes regulation of commerce

Division of powers State powers The Tenth Amendment provides that any powers not delegated to the United States, and not prohibited to be exercised by the States, are reserved for the States and the people i.e. states can exercise any legal powers and legislate in any areas not reserved for the United States (i.e. the national level), provided they are not in conflict with the Constitution and/or federal laws

Legislative Power in the United States

Legislative power in the US Federal (national) level: The United States Congress enacts federal laws State level: State legislatures (a.k.a. General Assembly, Legislative Assembly, etc.) enact state laws within their competence

United States Congress The Congress convenes in the US Capitol in Washington DC (535 congressmen) House of Representatives (435 representatives) – proportional representation Senate (100 senators) – two senators per state all congressmen chosen in a direct election

United States Congress Federal legislative body – consent of both houses required to enact bills Powers: financial and budgetary matters, collecting federal tax, national defense (declaring war), establishing federal courts under the Supreme Court, admission of new states to the union, regulation of commerce between states and with other countries, supervision of the executive (investigation, impeachment and removal of the President, federal judges and other federal officers), appointment of members of the Cabinet and judges (on the President’s proposal)

United States Congress Each house has some reserved powers: House of Representatives: proposing bills on tax collection, power of impeachment of federal officials (both executive and judicial) for "Treason, Bribery, or other high Crimes and Misdemeanors“ Senate: ratification of treaties, confirmation of top presidential appointments, trying cases of impeachment

United States Congress Impeachment a simple majority in the House is required to impeach an official a two-thirds majority in the Senate is required for conviction a convicted official automatically removed from office in addition, the Senate may stipulate that the defendant be banned from holding office in the future.

Legislative procedure Bills may originate in either house, except for tax- related bills (only HoR), and are sometimes prepared by pressure groups or lobbyists (corporations, labour unions, etc.) Houses may amend bills, but they must be approved and voted by both houses in order to become law

Legislative procedure An adopted bill is submitted to the President for signature The President may veto a bill, returning it to Congress with objections In such a case, the Congress may only override the veto with a two-thirds majority vote

Discuss the following vocabulary items! Bill of Rights federal powers checks and balances state powers delegated powers parliamentary representation reserved powers to impose taxes to exercise powers to levy taxes congressman sovereignty representative confederation senator federation impeachment proportional representation ratification equal representation

Thank you for your attention!