1. English for social workers I session 5
Miljen Matijašević
Office: G10, room 6 (1st floor)
Tue, 11:30-12:30

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

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

4. 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?

5. 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?

6. 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.

7. Constitutions and Constitutionality
Unit 12

8. 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

9. 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

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

11. 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

12. 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. “

13. 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

14. 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.

15. 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.)

16. 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

17. 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

18. 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

19. 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.

20. 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

21. 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

22. 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

23. The United States of America
Birth and Constitution

24. The United States of America

25. 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)

26. 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

27. Growth of the United States

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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.”

34. 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

35. 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

36. 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

37. 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

38. 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)

39. 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

40. 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)

41. 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

42. 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

43. 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

44. 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

45. 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.

46. 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

47. 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

48. Legislative Power in the United States

49. 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

50. 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

51. 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)

52. 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

53. 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.

54. 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

55. 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

56. 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

57. Thank you for your attention!