The Significance of a Constitution and Constitutionality in a Democratic Society

Definition Constitution is the body of fundamental doctrines and rules of a nation from which stem the duties and powers of the government and the duties and rights of the people

Constitution as a document A constitution is a basic document and the supreme legal act of a State All regulations within a legal system must comply with it Written and unwritten constitutions

Unwritten constitution The British Constitution Not contained in a single document, but a variety of sources Relies on precedent and the body of laws passed over the years to act as a safeguard of the rights of the citizens and the legality of government

Constitution as a political act A constitution is the most important strategic political act, establishing the principles of a political, economic and legal system’s development

Functions of a constitution Promotion and protection of human rights and freedoms The building and strengthening of democratic constitutional institutions, all serving to realize the constitutional principle of the rule of law

Basic characteristics As the supreme legal act, a constitution establishes the basis for relations between citizens and governmental bodies and all those who are vested with public authority It prohibits certain actions of governmental bodies and mandates other actions (social, cultural and other rights)

A constitution constitutes a state and its legal system Through the system of the organization of government and by applying the principle of the division of power, a constitution enables mutual checks between holders of power (separation of powers)

As a strategic political act of a state, a constitution establishes the fundamental principles of a political community as a democracy founded on respect for human rights and fundamenral freedoms and the rule of law

As an act that legitimizes a democratic state before the international community and towards its citizens, a constitution declares the fundamental values and objectives of a society’s development

Adjustment A constitution allows the means for revision and adjustment to the challenges brought on by development

The Constitution of the Republic of Croatia

“Christmas Constitution” December 22, 1990 Basic democratic changes made after the first multiparty parliamentary election in the spring of 1990 A sovereign and democratic state that guarantees and ensures equality, fundamental freedoms and rights of all the citizens

Constitutional revisions The abolition of the House of Counties Transformation of the semi-presidential into the parliamentary system Regulation of the voting rights of citizens (dual citizenship)

Chapters I The historical sources of the Constitution II Basic provisions III The protection of human rights and fundamental freedoms IV The structure of the state power V The Constitutional Court of the Republic of Croatia VI Local and regional self-government VII International relations VIII Changes of the Constitution IX Concluding provisions

Basic provisions Translate Article 1: The Republic of Croatia is a unitary, indivisible, democratic and social state. Power in the Republic of Croatia shall derive from the people and belong to the people as a community of free and equal citizens. The people shall exercise this power through the elections of representatives and through direct decision-making.

Članak 1 Republika Hrvatska je jedinstvena i nedjeljiva demokratska i socijalna država. Vlast u Republici Hrvatskoj proizlazi iz naroda i pripada narodu kao zajednici slobodnih i jednakih građana. Narod provodi vlast izborom predstavnika i izravnim odlučivanjem.

Unitary state a state with a unitary system of government; a system of government in which power is held by a central authority and may be delegated to, but not derived from constituent subdivisions (as distinguished from the federal state).

Democratic state a state with the form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation.

Social (welfare) state a state which is liable to ensure basic existence and social security to all of its citizens. basic social security programmes: protection against illness, accident and injury, unemployment and old-age protection.

Sovereignty Article 2 Sovereignty of the Republic of Croatia is inalienable, indivisible and untransferable It encompasses land area, rivers, lakes, canals,internal maritime waters, territorial sea and the air space above these

Parliament (Sabor) The Parliament, or the people directly shall decide independently and in accordance with the Constitution and law on: The regulation of economic, legal and political relations in the country The preservation of the natural and cultural wealth and its utilization Association in alliances with other states

Functions of Parliament economic - taxation and budget; legal – passing laws; political – control over the work of the government

Highest values of the constitutional order Article 3 Freedom, equal rights, national equality, love of peace, social justice, respect for human rights, inviolability of ownership, conservation of nature and the human environment, the rule of law and a democratic multiparty system

Separation of powers Article 4 The legislative (Parliament) The executive (the government) The judicial branch (the court system)

Laws and Constitution Article 5 Laws shall conform with the Constitution, other rules and regulations with the Constitution and law Everyone shall abide by the constitution and law and respect the legal order of the Republic

Vocabulary exercise Fill in the blanks from the list below: exception, government, adopted, constitution, start, case, need, origins If we investigate the _____________ of modern constitutions, we find that, practically without _______________, they were drawn up and ______________ because people wished to make a fresh ____________ so far as their system of ________________ was concerned. The circumstances in which the ________ for a new beginning come about vary from country to country, but in almost every _________ in modern times, countries have a ________________ because they wanted to begin again.

Answer key If we investigate the ORIGINS of modern constitutions, we find that, practically without EXCEPTION, they were drawn up and ADOPTED because people wished to make a fresh START so far as their system of GOVERNMENT was concerned. The circumstances in which the NEED for a new beginning come about vary from country to country, but in almost every CASE in modern times, countries have a CONSTITUTION because they wanted to begin again.

Vocabulary Fundamental freedoms and rights – temeljne slobode i prava Unitary state – jedinstvena država Inalienable sovereignty – neotuđivi suverenitet Love of peace – mirotvorstvo Inviolability of ownership – neotuđivost vlasništva Conservation of nature – očuvanje prirode

Thank you for your attention!