1. UNIT 12
The Significance of a Constitution and Constitutionality in a Democratic Society

2. What is Democracy?
a system of government in which power and civic responsibility are exercised by all citizens, directly or through their freely elected representatives
The people have a choice between different candidates and parties who want the power to govern
The people can criticize and replace their elected leaders and representatives if they do not perform well
The people are sovereign—they are the highest authority—and government is based on the will of the people

3. Basic Principles of Democracy
Sovereignty of the people
Majority rule, minorities rights
Equality under law
Regular free and fair elections open to all citizens
Respect for human rights
Separation of powers
Rule of law
An independent judiciary
Constitutionality

4. What is the Rule of Law?
Laws and Procedures Apply Fairly and Equally to All Citizens
Read and fill in the gaps.
limits prosecuted impartially denied
equal imprisoned discriminated acceptance
Government is based on the general ________________ of the law.
The rule of law protects the rights of citizens, maintains order, and ____________ the power of government.
All citizens are ____________ under the law.
The law is fairly, ___________________, and consistently enforced, by courts.
No one may be ___________________ against on the basis of their race, religion, ethnic group, or gender.
No one may be arrested, ________________ , or exiled arbitrarily.
No one may be _______________ their freedom without a fair and public hearing by an impartial court.
No one may be taxed or ______________ except by a law established in advance.

5. What is Constitutionality?
Read the text and answer the questions.
What is a constitution?
What is its general function?
Why is the revision and adjustment of constitution necessary?
What are the basic functions of a constitution?
What is meant by negative rights?

6. Constitution
- 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 All other laws are based on it and have to conform to / comply with it.

7. The types of constitutions
WRITTEN CONSTITUTION = the constitution where the provisions are all contained in a single document formulated and adopted by a constituent assembly or a council or a legislature
UNWRITTEN (uncodified) CONSTITUTION = the constitution found in several historical charters, laws and conventions; a product of slow and gradual evolution (the UK constitution consists of Acts of Parliament, court judgments, conventions)
RIGID CONSTITUTION = the kind of constitution that cannot be easily amended (for amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th )
FLEXIBLE CONSTITUTION = the kind of constitution that can easily be changed (Constitutional amendments are passed in the same manner by which an ordinary law is passed)
ENACTED CONSTITUTION = the constitution that was created through a constitutional convention; this convention is called to be able to draft the constitution.
EVOLVED CONSTITUTION = the constitution that is developed as a part of the history of a particular nation; it was not created through a national convention

8. Qualities of a Good Constitution
1. Constitution must be systematically written.
2. It should incorporate the constitutional law of the state and enjoy supremacy.
3. It should have the ability to develop and change in accordance with the changes in the environment and needs of the people.
4. It should be neither unduly rigid nor unduly flexible.
5. It must provide for Fundamental Rights and Freedoms of the people.
6. It should clearly define the organisation, powers, functions inter-relations of the government of the state and its three organs.
7. It must provide for the organisation of a representative, responsible, limited and accountable government.
8. It must provide for:
(i) Rule of Law; (ii) De-centralisation of powers; (iii) Independent and powerful Judiciary
(iv) A system of Local self-government; (v) A Sound Method of Amendment of the Constitution; (vi) Process and Machinery for the conduct of free elections
9. The Constitution must clearly reflect the sovereignty of the people.
10. The language of the constitution should be simple, clear and unambiguous

9. The Constitution of the Republic of Croatia
- promulgated in December 1990 and
is still in force
BASIC FEATURES:
parliamentary republic
unitary and indivisible
democratic and social state in which
- power derives from the people and belongs to the
people as a community of free and equal citizen

10. Amendments to the Croatian Constitution
-the current Constitution has been amended 5 times since its adoption in different changes- important change = a paragraph is added to Article 142 in which “any procedure for the association of the Republic of Croatia into alliances with other states, if such association leads, or may lead, to a renewal of a South Slavic state union or to any form of consolidated Balkan state is hereby prohibited” etc changed the legislature's structure from bicameral back to unicameral – Croatian parliamentary tradition – unicameral parliament reduced the Presidential powers – semi-presidential system changed to parliamentary – (aiming at establishing a system of responsible and efficient executive) aims at harmonising the Croatian legal system with that of the EU (Chapter VIII - Legal grounds of Membership and Transfer of Constitutional powers; Participation in European Union; European Union Law; Rights of European Union Citizens) 2014 – Article 62 paragraph 2– Marriage is a union of man and woman.

11. Structure of the Constitution
10 chapters = 152 articles
Chapter I  - Historical Foundations
Chapter II  - Basic Provisions
Chapter III  - Protection of Human Rights and Fundamental Freedoms
Chapter IV - Organization of Government
Chapter V - The Constitutional Court of the Republic of Croatia
Chapter VI - Local and Regional Self-Government
Chapter VII - International Relations
Chapter VIII – European Union
Chapter IX - Amending the Constitution
Chapter X - Concluding Provisions

12. II. Basic Provisions
Read the basic provisions of the Croatian Constitution and match each article with its heading. 
Article 1  Article 2  Article 3 
  Article 4    Article 5 
State Powers
State Principles Sovereignty 
Rule of Law
State Values

13. The Constitution of the Republic of Croatia
II BASIC PROVISIONS
Article 1
The Republic of Croatia is a unitary and indivisible democratic welfare state.
Power in the Republic of Croatia derives from the people and rests with the people as a
community of free and equal citizens.
The people exercise this power through the election of representatives and through
direct decision-making.

14. Article 2 The sovereignty of the Republic of Croatia is inalienable, indivisible and non- transferable. The sovereignty of the Republic of Croatia encompasses its land, rivers, lakes, canals, internal maritime waters, territorial sea, and all air space above these. The Republic of Croatia, in accordance with international law, shall exercise sovereign rights and jurisdiction over the maritime zones and seabed of the Adriatic Sea outside its state territory up to the borders of neighbouring countries. The Croatian Parliament and people shall directly, independently, and in compliance with the Constitution and law, decide upon: – the regulation of economic, legal and political matters in the Republic of Croatia; – the preservation of natural and cultural wealth and use of the same; – association in alliances with other states. The Republic of Croatia may conclude alliances with other states, retaining its sovereign right to decide upon the powers to be so delegated and the right to freely withdraw therefrom.

15. Article 3 Freedom, equal rights, national and gender equality, peace-making, social justice, respect for human rights, inviolability of ownership, conservation of nature and the environment, the rule of law and a democratic multiparty system are the highest values of the constitutional order of the Republic of Croatia.
Article 4 In the Republic of Croatia government shall be organized on the principle of separation of powers into the legislative, executive and judicial branches, but also limited by the constitutionally-guaranteed right to local and regional self- government. The principle of separation of powers encompasses forms of mutual cooperation and reciprocal checks and balances as stipulated by the Constitution and law.
Article 5 In the Republic of Croatia, laws shall comply with the Constitution. Other regulations shall comply with the Constitution and law. All persons shall be obliged to abide by the Constitution and law and respect the legal order of the Republic of Croatia.

16. Find in Articles 1-5 English equivalents for the following Croatian expressions.
1. direktno odlučivanje
2. izbor zastupnika
3. neotuđiv, nedjeljiv i neprenosiv
suverenitet
4. ravnopravnost spolova
5. socijalna pravda
6. poštivanje ljudskih prava
7. nepovredivost vlasništva
8. očuvanje prirode i čovjekova okoliša
9. vladavina prava
10. demokratski višestranački sistem
11. najviše vrednote ustavnog poretka
12. načelo diobe vlasti

17. Find in Articles 1-5 English equivalents for the following Croatian verb phrases.
1. vlast proizlazi iz naroda
2. narod ostvaruje vlast
3. ostvarivati suverena prava i
jurisdikciju
4. sklapati saveze
5. biti u suglasnosti s ustavom i
zakonom

18. Supply the correct prepositions.
to derive ……………….. the people
to decide ……..………… associations into alliances
to conclude alliances ……………… other states
to withdraw ………………… international association
to conform …………………. law
to abide …………………. the Constitution

19. Translation exercise - Key
1. donijeti/proglasiti ustav
2. dati ovlasti
3. povjeriti javnu vlast
4. diskriminirati/provoditi diskriminaciju protiv
5. osigurati pravna sredstva
6. podčiniti državne institucije svojim interesima
7. ozakoniti demokratsku državu pred međunarodnom zajednicom
8. poštivanje ljudskih prava
9. osnovati državu
10. suverenost / neovisnost / državnost
11. vladavina prava
12. uzajamna kontrola moći triju oblika vlasti

20. Translate the following expression into Croatian.
1. to promulgate a constitution 2. to vest powers in 3. to be vested with public authority 4. to be discriminated against 5.t o provide for legal means 6. to subjugate the institutions of the state to their interests 7. to legitimize a democratic state before the international community 8. respect for human rights 9. to constitute a state 10. sovereignty 11. rule of law 12. checks and balances

21. Modal auxiliary - SHALL
1. Read through Articles once again and find
examples of the modal auxiliary SHALL.
2. Take out the examples from the text.
3. What does SHALL express here?
4. Compare the sentences containing “SHALL” in the English version of the Constitution with the Croatian original.

22. Modal auxiliary SHALL - usage
I INTENTION, OFFER, REQUEST for advice – 2nd or 3rd person
I shall read the script on the way home.
Where shall I put this box?
II OBLIGATION or INSISTANCE – official regulations, formal and legal documents
“All shall be equal before the law.”

23. Translate Article 15 into Croatian.
Article 15 Equal rights for the members of all national minorities in the Republic of Croatia are guaranteed. Equality and protection of the rights of national minorities shall be regulated by a constitutional act to be enacted under the procedure stipulated for organic law. Over and above general suffrage, the right of the members of national minorities to elect their representatives to the Croatian Parliament may be stipulated by law. The freedom of the members of all national minorities to express their nationality, to use their language and script, and to exercise cultural autonomy shall be guaranteed. Compare your translation with the Croatian original.

24. Translate Article 6 into English.
Članak 6.
Osnivanje političkih stranaka je slobodno.
Unutarnje ustrojstvo političkih stranaka mora biti sukladno temeljnim ustavnim demokratskim načelima.
Stranke moraju javno polagati račun o porijeklu svojih sredstava i imovine. (publicize the accounts = javno polagati račun; sredstva = assets)
Protuustavne su političke stranke koje svojim programom ili nasilnim djelovanjem smjeraju podrivanju slobodnoga demokratskog poretka ili ugrožavaju opstojnost Republike Hrvatske. O protuustavnosti odlučuje Ustavni sud Republike Hrvatske. (podrivanje = demolish)
Zakonom se uređuje položaj i financiranje političkih stranaka.
Compare your translation with the official English translation.