1 / 25

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.

avani
Télécharger la présentation

The Significance of a Constitution and Constitutionality in a Democratic Society

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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!

More Related