The significance of a constitution and constitutionality in a democratic society
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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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The significance of a constitution and constitutionality in a democratic society

The Significance of a Constitution and Constitutionality in a Democratic Society


Definition

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

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

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

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

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

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)


The significance of a constitution and constitutionality in a democratic society

  • 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)


The significance of a constitution and constitutionality in a democratic society

  • 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


The significance of a constitution and constitutionality in a democratic society

  • 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

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

The Constitution of the Republic of Croatia


Christmas constitution

“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

Constitutional revisions

  • TheabolitionoftheHouseofCounties

  • Transformationofthesemi-presidentialintotheparliamentarysystem

  • Regulationofthevotingrightsofcitizens (dual citizenship)


Chapters

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


Basic 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

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

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

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

Separation of powers

Article 4

  • The legislative (Parliament)

  • The executive (the government)

  • The judicial branch (the court system)


Laws and constitution

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

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

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

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

Thank you for your attention!


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