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The Significance of a Constitution and Constitutionality in a Democratic Society

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.

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The Significance of a Constitution and Constitutionality in a Democratic Society

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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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)

  8. 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)

  9. 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

  10. 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

  11. Adjustment • A constitution allows the means for revision and adjustment to the challenges brought on by development • Amendments • Constitutional revision

  12. The Constitution of the Republic of Croatia

  13. “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

  14. Constitutional revisions • TheabolitionoftheHouseofCounties • Transformationofthesemi-presidentialintotheparliamentarysystem • Regulationofthevotingrightsofcitizens (dual citizenship)

  15. 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

  16. 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.

  17. 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

  18. 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

  19. 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

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

  21. 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

  22. 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.

  23. 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.

  24. 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

  25. Thank you for your attention!

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