UNIT 12

The Significance of a Constitution and

Constitutionality in a Democratic Society

What is Democracy? a system of government in which power and civic responsibility are exercised by all citizens,

directly or through their freely elected representatives

The people have a choice between different candidates and parties who want the power to govern

The people can criticize and replace their elected leaders and representatives if they do not perform well

The people are sovereign—they are the highest authority—and government is based on the will of the people

Basic Principles of Democracy

Sovereignty of the people Majority rule, minorities rights Equality under law Regular free and fair elections open to all

citizens Respect for human rights Separation of powers Rule of law An independent judiciary Constitutionality

What is the Rule of Law?

Laws and Procedures Apply Fairly and Equally to All Citizens

Government is based on the general acceptance of the law. The rule of law protects the rights of citizens, maintains order,

and limits the power of government. All citizens are equal under the law. The law is fairly, impartially, and consistently enforced, by courts. No one may be discriminated against on the basis of their race,

religion, ethnic group, or gender. No one may be arrested, imprisoned, or exiled arbitrarily. No one may be denied their freedom without a fair and public

hearing by an impartial court. No one may be taxed or prosecuted except by a law established

in advance.

What is Constitutionality?

Read the text and answer the questions.

What is a constitution? What is its general function? Why is the revision and adjustment of

constitution necessary? What are the basic functions of a

constitution? What is meant by negative rights?

Constitution

A) 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

B) the manner in which a state or other body is organized

The Constitution of the Republic of Croatia

- promulgated in December 1990 and

is still in force

BASIC FEATURES: parliamentary republic unitary and indivisible

democratic and social state in which power

derives from the people and belongs to the

people as a community of free and equal citizens.

Amendments to the Croatian Constitution

-the current Constitution has been amended 4 times since its adoption in 1990

1997- different changes- important change = a paragraph is added to Article 142 in which “any procedure for the association of the Republic of Croatia into alliances with other states, if such association leads, or may lead, to a renewal of a South Slavic state union or to any form of consolidated Balkan state is hereby prohibited” etc.

2000 - changed the legislature's structure from bicameral back to unicameral – Croatian parliamentary tradition – unicameral parliament

2001- reduced the Presidential powers – semi-presidential system changed to parliamentary – (aiming at establishing a system of responsible and efficient executive)

2010 - aims at harmonising the Croatian legal system with that of the EU (Chapter VIII - Legal grounds of Membership and Transfer of Constitutional powers; Participation in European Union; European Union Law; Rights of European Union Citizens)

2014 – Article 62 paragraph 2– Marriage is a union of man and woman.

- 10 chapters = 152 articles

Chapter I  - Historical Foundations Chapter II  - Basic Provisions Chapter III  - Protection of Human Rights and Fundamental

Freedoms Chapter IV - Organization of Government Chapter V - The Constitutional Court of the Republic of

Croatia Chapter VI - Local and Regional Self-Government Chapter VII - International Relations Chapter VIII – European Union Chapter IX - Amending the Constitution Chapter X - Concluding Provisions

Structure of the Constitution

II. Basic Provisions

Read the basic provisions of the Constitution and match each article

with its heading. Article 1 

Article 2  Article 3  Article 4   Article 5 

State Powers

State Principles

Sovereignty  Rule of Law  State Values

II BASIC PROVISIONS

Article 1

The Republic of Croatia is a unitary and indivisible democratic welfare state.

Power in the Republic of Croatia derives from the people and rests with the people as a

community of free and equal citizens.

The people exercise this power through the election of representatives and through

direct decision-making.

The Constitution of the Republic of Croatia

Article 2

The sovereignty of the Republic of Croatia is inalienable, indivisible and non-transferable.The sovereignty of the Republic of Croatia encompasses its land, rivers, lakes, canals, internal maritime waters, territorial sea, and all air space above these.The Republic of Croatia, in accordance with international law, shall exercise sovereign rights and jurisdiction over the maritime zones and seabed of the Adriatic Sea outside its state territory up to the borders of neighbouring countries.The Croatian Parliament and people shall directly, independently, and in compliance with the Constitution and law, decide upon:– the regulation of economic, legal and political matters in the Republic of Croatia;– the preservation of natural and cultural wealth and use of the same;– association in alliances with other states.The Republic of Croatia may conclude alliances with other states, retaining its sovereign right to decide upon the powers to be so delegated and the right to freely withdraw therefrom.

Article 3Freedom, equal rights, national and gender equality, peace-making, social justice, respect for human rights, inviolability of ownership, conservation of nature and the environment, the rule of law and a democratic multiparty system are the highest values of the constitutional order of the Republic of Croatia.

Article 4In the Republic of Croatia government shall be organized on the principle of separation of powers into the legislative, executive and judicial branches, but also limited by the constitutionally-guaranteed right to local and regional self-government.The principle of separation of powers encompasses forms of mutual cooperation and reciprocal checks and balances as stipulated by the Constitution and law.

Article 5In the Republic of Croatia, laws shall comply with the Constitution. Other regulations shall comply with the Constitution and law.All persons shall be obliged to abide by the Constitution and law and respect the legal order of the Republic of Croatia.

Find in Articles 1-5 English equivalents for the following Croatian expressions.

1. direktno odlučivanje

2. izbor zastupnika

3. neotuđiv, nedjeljiv i neprenosiv suverenitet

4. ravnopravnost spolova

5. socijalna pravda

6. poštivanje ljudskih prava

7. nepovredivost vlasništva

8. očuvanje prirode i čovjekova okoliša

9. vladavina prava

10. demokratski višestranački sistem

11. najviše vrednote ustavnog poretka

12. načelo diobe vlasti

Find in Articles 1-5 English equivalents for the following Croatian verb phrases.

1. vlast proizlazi iz naroda

2. narod ostvaruje vlast

3. ostvarivati suverena prava i jurisdikciju

4. sklapati saveze

5. biti u suglasnosti s ustavom i zakonom

Modal auxiliary - SHALL

1. Read through Articles 1 - 5 once again and find

examples of the modal auxiliary SHALL.

2. Take out the examples from the text.

3. What does SHALL express here?

4. Compare the sentences containing “SHALL” in the English version of the Constitution with the Croatian original.

Modal auxiliary SHALL - usage

I INTENTION, OFFER, REQUEST for advice – 2nd or 3rd person

I shall read the script on the way home.

Where shall I put this box?

II OBLIGATION or INSISTANCE – official regulations, formal and legal documents

“All shall be equal before the law.”

Supply the correct prepositions.

to derive ……………….. the peopleto decide ……..………… associations into

alliancesto conclude alliances ……………… other

statesto withdraw ………………… international

associationto conform …………………. law

to abide …………………. the Constitution

Translate Article 15 into Croatian.

Article 15

Equal rights for the members of all national minorities in the Republic of Croatia are guaranteed.Equality and protection of the rights of national minorities shall be regulated by a constitutional act to be enacted under the procedure stipulated for organic law.Over and above general suffrage, the right of the members of national minorities to elect their representatives to the Croatian Parliament may be stipulated by law. The freedom of the members of all national minorities to express their nationality, to use their language and script, and to exercise cultural autonomy shall be guaranteed.

Compare your translation with the original Croatian version.

Translate the following expression into Croatian.

1. to promulgate a constitution

2. to vest powers in

3. to be vested with public authority

4. to be discriminated against

5.t o provide for legal means

6. to subjugate the institutions of the state to their interests

7. to legitimize a democratic state before the international community

8. respect for human rights

9. to constitute a state

10. sovereignty

11.r ule of law

12. checks and balances

Translation exercise - Key

1. donijeti/proglasiti ustav

2. dati ovlasti

3. povjeriti javnu vlast

4. diskriminirati/provoditi diskriminaciju protiv

5. osigurati pravna sredstva

6. podčiniti državne institucije svojim interesima

7. ozakoniti demokratsku državu pred međunarodnom zajednicom

8. poštivanje ljudskih prava

9. osnovati državu

10. suverenost / neovisnost / državnost

11. vladavina prava

12. uzajamna kontrola moći triju oblika vlasti