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

2. Preview: Constitution Definition Objectives Functions Legal terms Exercises

3. Constitution The basic document and the supreme legal act of a State Greatest legal force; all regulations within a legal system must comply with it The most important strategic political act: principles of political, economic and legal development

4. Constitution Aims for stability Directs the dynamics of a society’s development Revision and adjustments

5. Functions that remain stable: promotion and protection of human rights and freedoms, Building and strenghtening of democratic constitutional institutions

6. Objective to realize the constitutional principle of the rule of law

7. Functions Establishes the basis for relations between citizens and government Guarantees human rights and fundamental freedoms Prohibits certain actions of governmental bodies (negative rights), and mandates other actions (social, cultural and other rights)

8. Functions “forms” (constitutes) a state and its legal system and “checks” all those who would wish to subjugate the institutions of the state to their interests separation of powers, mutual checks between holders of power (‘checks and balances’

9. Functions Establishes the fundamental principles of a political community as a democracy founded on respect for human rights and the rule of law

10. Functions Legitimizes a democratic state before the international community and towards its citizens Declares fundamental values and objectives of a society urbi et orbi

11. Functions Expresses the will and intent to respect the achievements of modern legal civilization Sets the frame of the democratic adjustment of interests and for their expression through legislation

12. Legal terms Rule of law The doctrine that all persons are equal before the law; government based on the general acceptance of the law

13. Legal terms Negative rights The rights which permit or oblige to inaction

14. Legal terms Separation of powers The powers of government are divided in three distinct branches: legislative, executive and judicial

15. Vocabulary practice: form new words by adding suffixes and prefixes Division Divisional Divisible indivisible

16. form new words by adding suffixes and prefixes Develop Development Undeveloped Underdeveloped developmental

17. form new words by adding suffixes and prefixes Fundamental Fundamentalist Fundamentalism fundamentally

18. Make a new word by combining it with a prefix or a suffix ____altered The functions have remained ____ for decades (have not changed) ___national Politicians must improve ____relations (between nations) ____ national The clearest examples of ___ business can be found in the EU

19. Make a new word by combining it with a prefix or a suffix ___ constitutional This provision is clearly ____(not in conformity with the constitution) ___ legitimate This is a clear example of ___ use of public property (not allowed by law)

20. Complete the table using the words from the text AdjectiveNounVerbAdverb free equal direct economic legal political natural

21. Modal auxiliaries “All shall be equal before the law” Explain the use of “shall”: what does it express?

22. Explain the meaning of shall, may and might in the following sentences : “Court hearings shall be open to the public and judgments shall be pronounced publicly” “The public may be barred from a hearing or part of it for reasons necessary in a democratic society”

23. central, regulate, rules, state The constitution establishes ___ and practices that determine the composition of the ___and local government in a __and ___ the relationship between the individual and the state

24. amended, procedure, written Most states have a ___constitution, one of the fundamental provisions of which is that it can itself be ___only in accordance with a special___.

25. constitutional, rules, statutes, subsequent, unwritten The constitution of the UK is largely___. It consists partly of ___, for the amendment of which by ___statutes no special procedure ___ (require, passive) but also of common law ___ and ___conventions.