Constitution and Constitutionalism What is a constitution the

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Constitution and Constitutionalism

Constitution and Constitutionalism

What is a constitution? �the supreme law of a country �the body of fundamental

What is a constitution? �the supreme law of a country �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 �all regulations within a legal system must comply with it

Functions of a constitution �The constitution lays down the main rules governing the structure

Functions of a constitution �The constitution lays down the main rules governing the structure and functions of government, regulates the relationship between the state and its citizens, and provides the legitimacy of government actions. �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

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)

Etimology �A constitution constitutes a state and its legal system �Through the system of

Etimology �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)

Adjustment �a constitution allows the means for revision and adjustment to the challenges brought

Adjustment �a constitution allows the means for revision and adjustment to the challenges brought on by development �the constitutional rules are more difficult to change than ordinary laws.

Classification of constitutions �Constitutions can be classified in a number of different ways. A

Classification of constitutions �Constitutions can be classified in a number of different ways. A traditional classification is into: � 1) written and unwritten, � 2) flexible and rigid, and � 3) evolved and enacted constitutions.

Written and unwritten constitutions �A written constitution is contained in a single document; it

Written and unwritten constitutions �A written constitution is contained in a single document; it is made and enacted by a constituent assembly (the Constitution of the Republic of Croatia, Constitution of the USA) – definite, less flexible �An unwritten constitution is not contained in a single document, but is the result of a gradual process of constitutional evolution. It is never written by any assembly (the British Constitution), so it depends on unwritten rules or conventions

Flexible and rigid constitutions �A flexible (soft) constitution is one which can be easily

Flexible and rigid constitutions �A flexible (soft) constitution is one which can be easily amended. Constitutional amendments are passed in the same manner in which an ordinary law is passed. The UK Constitution presents a classic example of a flexible constitution. �A rigid constitution is a one under which certain laws, called constitutional laws or fundamental laws, cannot be changed in the same manner as ordinary laws. The Constitution of United States of America is a rigid constitution.

Evolved and enacted constitutions �An evolved constitution is one which is the result of

Evolved and enacted constitutions �An evolved constitution is one which is the result of a slow and gradual process of evolution. Its rules and principles draw binding force from the fact of their being recognised as ancient, historical, time-tested and respected customs and conventions. Such a constitution is a collection and continuation of customs, usages, traditions, principles and judicial decisions. The UK Constitution is a key example of an evolved constitution. �An enacted constitution is made, enacted and adopted by a constituent assembly or council. It is duly passed after a thorough discussion over its objectives, principles and provisions.

Qualities of a good constitution � 1. The constitution must be systematically written. �

Qualities of a good constitution � 1. The constitution must be systematically written. � 2. It should incorporate the constitutional law of the state and enjoy supremacy. � 3. It should have the ability to develop and change in accordance with the changes in the environment and needs of the people. � 4. It should be neither unduly rigid nor unduly flexible. � 5. It must provide for the fundamental rights and freedoms of the people.

� 6. It should clearly define the organisation, powers, functions and inter-relations of the

� 6. It should clearly define the organisation, powers, functions and inter-relations of the government of the state and its three organs. � 7. It must provide for the organisation of a representative, limited and accountable government. � 8. It must provide for: � (i) The Rule of Law; � (ii) The De-centralisation of powers; � (iii) An independent judiciary; � (iv) A system of local self-government; � (v) A sound method of amendment of the constitution; � (vi) Process and machinery for the conduct of free elections. � 9. The constitution must clearly reflect the sovereignty of the people. � 10. The language of the constitution should be simple, clear and unambiguous.

Constitutionalism �Constitutionalism is a complex of ideas, attitudes and patterns of behaviour elaborating the

Constitutionalism �Constitutionalism is a complex of ideas, attitudes and patterns of behaviour elaborating the principle that the authority of government derives from and is limited by a body of fundamental law. �The concept of the rule of law may overlap with that of constitutionalism.

Requirements of constitutionalism �government officials must be accountable for their actions to an independent

Requirements of constitutionalism �government officials must be accountable for their actions to an independent body although not necessarily a court. �checks and balances between different government organs, and proper controls within each government organ. �frequent elections open to all and subject to rules which prevent any candidate from having an unfair advantage.

Answer the following questions: � 1. Which institutions have the power to invalidate laws

Answer the following questions: � 1. Which institutions have the power to invalidate laws passed in contravention of the constitution? � 2. What are the traditional ways of classifying constitutions? � 3. Can you mention an example of an unwritten constitution? What does “unwritten” mean in this context? � 4. What does it mean when we say that a constitution is “rigid”? � 5. What is the difference between evolved and enacted constitutions? � 6. What are some of the qualities of good constitutions? � 8. What is constitutionalism?

Fill in the missing words: balances, guarantee, judges, Parliament, rigid, unwritten � The British

Fill in the missing words: balances, guarantee, judges, Parliament, rigid, unwritten � The British Constitution is ________and flexible. It is open to relatively quick change by Act of _______ to meet the changing needs of the nation. This is one important difference between the British Constitution and that of the USA, which, being written, is more________, and can only be changed by special procedures, which can take a long time. Alternatively, a written constitution is intended to be a blueprint for the way in which a country is governed, and to _________ individual rights. The US Constitution has given rights and provided a means by which __________have the power and duty to oversee the protection of those rights. They have the power and duty to protect the series of checks and ________ built into the constitution which limit the power of the US government. This means that judges of the Supreme Court can even ‘strike down’ laws made by Congress if they are contrary to the constitution.

Provide the negative form of the following words: POSITIVE accountable constitutional dependent direct written

Provide the negative form of the following words: POSITIVE accountable constitutional dependent direct written NEGATIVE

Translate the following quote: �“The strength of the Constitution lies entirely in the determination

Translate the following quote: �“The strength of the Constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty bound to do his share in this defense are the constitutional rights secure. ” (Albert Einstein)

The Constitution of the Republic of Croatia

The Constitution of the Republic of Croatia

“Christmas Constitution” �December 22, 1990 �Basic democratic changes made after the first multiparty parliamentary

“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

Chapters I The historical sources of the Constitution II Basic provisions III The protection

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 Article 1 �The Republic of Croatia is a unitary, indivisible, democratic and

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

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

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

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

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

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,

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

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

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!