1. Constitution and Constitutionalism

2. What is a constitution? the supreme law of a country
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 regulations within a legal system must comply with it

3. Functions of a constitution
The constitution lays down the main rules governing the structure and functions of government, regulates the relationship between the state and its citizens, and provides the legitimacy of government actions.
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

4. 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)

5. Etimology 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)

6. Adjustment
a constitution allows the means for revision and adjustment to the challenges brought on by development
the constitutional rules are more difficult to change than ordinary laws.

7. Classification of constitutions
Constitutions can be classified in a number of different ways. A traditional classification is into:
1) written and unwritten,
2) flexible and rigid, and
3) evolved and enacted constitutions.

8. Written and unwritten constitutions
A written constitution is contained in a single document; it is made and enacted by a constituent assembly (the Constitution of the Republic of Croatia, Constitution of the USA) – definite, less flexible
An unwritten constitution is not contained in a single document, but is the result of a gradual process of constitutional evolution. It is never written by any assembly (the British Constitution), so it depends on unwritten rules or conventions

9. Flexible and rigid constitutions
A flexible (soft) constitution is one which can be easily amended. Constitutional amendments are passed in the same manner in which an ordinary law is passed. The UK Constitution presents a classic example of a flexible constitution.
A rigid constitution is a one under which certain laws, called constitutional laws or fundamental laws, cannot be changed in the same manner as ordinary laws. The Constitution of United States of America is a rigid constitution.

10. Evolved and enacted constitutions
An evolved constitution is one which is the result of a slow and gradual process of evolution. Its rules and principles draw binding force from the fact of their being recognised as ancient, historical, time-tested and respected customs and conventions. Such a constitution is a collection and continuation of customs, usages, traditions, principles and judicial decisions. The UK Constitution is a key example of an evolved constitution.
An enacted constitution is made, enacted and adopted by a constituent assembly or council. It is duly passed after a thorough discussion over its objectives, principles and provisions.

11. Qualities of a good constitution
1. The 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 the fundamental rights and freedoms of the people.

12. 6. It should clearly define the organisation, powers, functions and inter-relations of the government of the state and its three organs.
7. It must provide for the organisation of a representative, limited and accountable government.
8. It must provide for:
(i) The Rule of Law;
(ii) The De-centralisation of powers;
(iii) An independent 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.

13. Constitutionalism
Constitutionalism is a complex of ideas, attitudes and patterns of behaviour elaborating the principle that the authority of government derives from and is limited by a body of fundamental law.
The concept of the rule of law may overlap with that of constitutionalism.

14. Requirements of constitutionalism
government officials must be accountable for their actions to an independent body although not necessarily a court.
checks and balances between different government organs, and proper controls within each government organ.
frequent elections open to all and subject to rules which prevent any candidate from having an unfair advantage.

15. Answer the following questions:
1. Which institutions have the power to invalidate laws passed in contravention of the constitution?
2. What are the traditional ways of classifying constitutions?
3. Can you mention an example of an unwritten constitution? What does “unwritten” mean in this context?
4. What does it mean when we say that a constitution is “rigid”?
5. What is the difference between evolved and enacted constitutions?
6. What are some of the qualities of good constitutions?
8. What is constitutionalism?

16. Fill in the missing words:
balances, guarantee, judges, Parliament, rigid, unwritten
The British Constitution is _______________and flexible. It is open to relatively quick change by Act of ______________ to meet the changing needs of the nation. This is one important difference between the British Constitution and that of the USA, which, being written, is more________________, and can only be changed by special procedures, which can take a long time.Alternatively, a written constitution is intended to be a blueprint for the way in which a country is governed, and to _________________ individual rights. The US Constitution has given rights and provided a means by which ___________________have the power and duty to oversee the protection of those rights. They have the power and duty to protect the series of checks and ________________ built into the constitution which limit the power of the US government. This means that judges of the Supreme Court can even ‘strike down’ laws made by Congress if they are contrary to the constitution.

17. Provide the negative form of the following words:
POSITIVE
NEGATIVE
accountable
constitutional
dependent
direct
written

18. Translate the following quote:
“The strength of the Constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty bound to do his share in this defense are the constitutional rights secure.” (Albert Einstein)

19. The Constitution of the Republic of Croatia

20. “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

21. 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

22. Basic provisions 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.

23. 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

24. 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

25. 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

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

27. 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

28. 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.

29. 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.

30. 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

31. Thank you for your attention!