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 established 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

Amendments Constitutional revision

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 ConstitutionII Basic provisionsIII The protection of human rights and fundamental freedomsIV The structure of the state powerV The Constitutional Court of the Republic of CroatiaVI Local and regional self-governmentVII International relationsVIII Changes of the ConstitutionIX Concluding provisions

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.

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

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!