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    The Significance of A Constitution and Constitutionality in A Democratic Society

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    Vaibhav Ghildiyal
    The document discusses the significance and definition of a constitution in a democratic society. It defines a constitution as the body of fundamental doctrines and rules that establish the duties and powers of government and the rights of citizens. A constitution serves several functions such as promoting human rights, building democratic institutions, and establishing the principle of rule of law. The document then summarizes key aspects of the Constitution of the Republic of Croatia, including that it establishes Croatia as a unitary, democratic state and divides power among the legislative, executive, and judicial branches.

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    The Significance of A Constitution and Constitutionality in A Democratic Society

    Uploaded by

    Vaibhav Ghildiyal
    41 views22 pages
    The document discusses the significance and definition of a constitution in a democratic society. It defines a constitution as the body of fundamental doctrines and rules that establish the duties and powers of government and the rights of citizens. A constitution serves several functions such as promoting human rights, building democratic institutions, and establishing the principle of rule of law. The document then summarizes key aspects of the Constitution of the Republic of Croatia, including that it establishes Croatia as a unitary, democratic state and divides power among the legislative, executive, and judicial branches.

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    The document discusses the significance and definition of a constitution in a democratic society. It defines a constitution as the body of fundamental doctrines and rules that establish the duties and powers of government and the rights of citizens. A constitution serves several functions such as promoting human rights, building democratic institutions, and establishing the principle of rule of law. The document then summarizes key aspects of the Constitution of the Republic of Croatia, including that it establishes Croatia as a unitary, democratic state and divides power among the legislative, executive, and judicial branches.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    41 views22 pages

    The Significance of A Constitution and Constitutionality in A Democratic Society

    Uploaded by

    Vaibhav Ghildiyal
    The document discusses the significance and definition of a constitution in a democratic society. It defines a constitution as the body of fundamental doctrines and rules that establish the duties and powers of government and the rights of citizens. A constitution serves several functions such as promoting human rights, building democratic institutions, and establishing the principle of rule of law. The document then summarizes key aspects of the Constitution of the Republic of Croatia, including that it establishes Croatia as a unitary, democratic state and divides power among the legislative, executive, and judicial branches.

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    © All Rights Reserved
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    of 22

    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

     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
    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

     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 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)
     A constitution constitutes a state and its legal
    system
     Through the systen 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)
     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
     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

     A constitution allows the means for revision


    and adjustment to the challenges brought on
    by development
    The Constitution of the Republic
    of Croatia
    “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 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 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


     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 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
    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 branch (the court system)
    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, 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 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 država
     Inalienable sovereignty – neotuđivi suverenitet
     Love of peace – mirotvorstvo
     Inviolability of ownership – neotuđivost
    vlasništva
     Conservation of nature – očuvanje prirode

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