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From the constitution of the Republic of Croatia

From the constitution of the Republic of Croatia. 28th March, 2011. Constitution. T he fundamental law , written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform;

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From the constitution of the Republic of Croatia

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  1. FromtheconstitutionoftheRepublicof Croatia 28th March, 2011

  2. Constitution • The fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers.

  3. Historicaloverview • 2300 BC – Sumerian king Urukagina • 1700 BC – the Code of Hammurabi of Babylonia • 621 BC – Draco codified oral laws of the city-state of Athens • 594 BC – Solon created the Solonian Constitution • 350 BC – Aristotle the first to make a formal distinction between ordinary law and constitutional law

  4. Written / unwritten • 1100 – Charter of Liberties (social contract between king and nobility) • 1215 – Magna Carta (social contract between king and all the people) • 1689 – Bill of Rights • Constitutional monarchy (a form of government in which a monarch acts as head of state within the parametars of the constitution)

  5. Constitutionof Croatia • 22nd December, 1990 (broad Presidential executive powers, bicameral Parliament) • Revisions in 1997, 2000 and 2001,2010 (transformation of semi-presidential into parliamentary system, abolition of the House of Counties + voting rights of nationals living outside Croatia + EU requirements)

  6. Constitution • Historicalfoundations (preamble) • Basicprovisions • Protectionof human rightsandfundamentalfreedoms • Organizationofgovernment • TheConstitutional Court oftheRepublicof Croatia • Localandregionalself-government • Internationalrelations • AmendingtheConstitution • Finalprovisions

  7. Historicalfoundations • Explains how Croats preserved their national identity through the centuries • Establishes Croatia as a national state, but also guarantees the rights of minorities and all citizens

  8. Basicprovisions • Defines Croatia as “a unitary and indivisable democratic and social state” • Determines the democratic principles, the organizaton of the government, separation of powers, the capital, the language, the flag…

  9. Protectionof human rightsandfundamentalfreedoms • Deals with general human rights, personal and political freedoms and rights, social and cultural rights, economic rights • UN Convention of Human Rights

  10. Organizationofthegovernment • the Parliament • the president • the government • the judiciary • the People’s Ombudsman • State Attorney’s Office

  11. TheConstitutional Court • Independentofjudiciary • Consistsof 13 judgesappointed for a termof 8 years (jurists, judges, lawprofessors, attorneys) • Mainfunction to decideiflawsandregulationsconformtotheConstitution, superviseelectionsandreferendums, decide on constitutionalcomplaints, decideonjurisdictionaldisputesbetweenthethreebranchesofthegovernment

  12. Localandregionalself-government • Division into local (municipalities and towns) and regional units (counties) and their competence

  13. Internationalrelations • Concluding international agreements (ratification by Parliament) • Procedure for association with other states and secession from other states • Renewal of Yugoslavia is prohibited

  14. AmendingtheConstitution • 1/5 of representatives must propose an amendment • Majority of representatives must approve the amendment • 2/3 of representatives must vote in favour of the amendment for it to be adopted

  15. Vocabulary • to conform to rules • to prescribe laws • to codify laws • to exercise powers • to guarantee rights

  16. to appoint judges • to conclude an agreement • to propose an amendment • to adopt an amendement

  17. dvodomni parlament bicameralparliament • ustavno pravo consitutionallaw • sudbena vlast, sudstvo judicial power (judiciary) • zakonodavna vlast, zakonodavstvo legislative power (legislature) • izvršna vlast executive power

  18. prava manjina minority rights • podjela vlasti separation of powers • Konvencija o ljudskim pravima Convention on Human Rights • Pučki pravobranitelj the People’s Ombudsman

  19. Državno odvjetništvo State Attorney’s Office • međunarodni ugovor international agreement • ustavni amandman constitutional amendment

  20. Thankyou!

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