FROM THE CONSTITUTION OF THE REPUBLIC OF CROATIA

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					FROM THE CONSTITUTION OF THE
    REPUBLIC OF CROATIA
           Unit 12
                 Preview
 Definition
 Types of constitutions
 Functions of constitutions
 The Constitution of the Republic of Croatia
 Basic terms and concepts: republic,
  sovereignty, unitary state, welfare state,
  rule of law, separation of powers
 Exercise
              Constitution
 The rules and practices that determine the
 composition and functions of the organs of
 government and regulate the relationship
 between the individual and the state
  TYPES OF CONSTITUTION
 Written
 Unwritten
      Written Constitutions
- Drafted by lawyers; can be amended by
an Act of the country's legislative body;
- The U.S. constitution - drawn up by
Thomas Jefferson after the country
became independent; numerous
amendments (the Bill of Rights).
      Unwritten Constitutions
 The U.K. has no written constitution, and
 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
           FUNCTIONS OF
           CONSTITUTIONS
 Set out the powers of the various organs
  of government and the standards for
  determining the legality of their actions
 Define rights of citizens
The Constitution of the Republic of
              Croatia
 Adopted on December 22, 1990
 Revisions: 1997, 2000, 2001and 2010
      Constitutional revisions
 The abolition of the House of Counties
 Transformation of the semi-presidential
  into the parliamentary system
 Regulation of the voting rights of citizens
  (dual citizenship)
Constitutional # unconstitutional
 Constitutional adjective
 1. referring to a country's constitution
  (Censorship of the press is not
  constitutional.
 2. according to a constitution (The re-
  election of the chairman for a second term
  is not constitutional.
 #unconstitutional
                Article 1
 The Republic of Croatia is a unitary and
 indivisible democratic and social state
               Republic
 A state in which supreme power is held by
 the people or its elected representatives,
 (or by elected or nominated president, not
 by monarch etc.)
               Unitary state
 A single, centralised, national tier (level) of
  government
 The entire territory constitutes a single
  sovereign entity or nation-state
 The central government exercises
  sovereignty over the whole territory as of
  right
 May include one or more self-governing
  regions
                 Federation
 A union of states which delegates specific
  powers to central government
 Two-tier system of government: citizens are
  subject to two jurisdictions: federal government
  and states.
 Federal powers: war, monetary system, foreign
  relations
 Component states - no powers in relation to
  foreign policy; no independent status under
  international law
               Federal state
 A state formed by union of previously
  autonomous or independent states. A newly
  created federal state is constitutionally granted
  direct power over citizens of the formely
  independent states.
 As such, the federal state becomes a single
  composite international legal person
 Former entities that comprise it have consented
  to subsume their former sovereignty into that of
  the federal state, although they retain their
  identity in municipal law
      Unitary vs. federal state
 In a unitary state the autonomous status of
  self-governing regions depends on the
  central government, and may be
  unilaterally revoked.
 Federations are often established
  voluntarily from 'below' whereas devolution
  grants self-government from 'above'.
      Unitary vs.Federal state
 While federation is usually brought into
 being by agreement between a number of
 formally independent states, in a unitary
 state self-governing regions are often
 created through a process of devolution,
 where a formerly centralised state agrees
 to grant autonomy to a region that was
 previously entirely subordinate.
               Confederation
 A confederation is similar in structure to a
  federation but with a weaker central government
 A formal association of states loosely bound by
  a treaty, in many cases one establishing a
  central governing mechanism with specified
  powers over member states but not directly over
  citizens of those states
 The constituent states retain their national
  sovereignty and consequently their right to
  secession
                Examples
 Unitary states: Croatia, France, Italy,
  Republic of Ireland, the U.K.
 Federation: Austria, Belgium, Canada,
  Germany, the U.S.,
               Democracy
 1. a theory or system of government by
  freely elected representatives of the
  people
 2. the right to fair government, free
  election of representatives and equality in
  voting
 3. a country ruled in this way
                Welfare state
 A political system assuming state responsibility
    for the protection and promotion of the social
    security and welfare of its citizens by:
   universal medical care,
   insurance against sickness and unemployment,
   old age pensions,
   family allowances,
   public housing, etc.
                Article 1
 Power in the Republic of Croatia derives
 from the people and belongs to the people
 as a community of free and equal citizens
                 People
 1. persons
 2. members of a state
 3. nation (pl: peoples) The peoples of
 Africa
                Article 1
 The people shall exercise this power
 through the election of representatives and
 through direct decision-making
      Direct decision-making
 Referendum: a direct vote in which an
  entire electorate is asked to either accept
  or reject a proposal
 May result in the adoption of a new
  constitution, a constitutional amendment, a
  law, a recall of an elected official or a
  specific government policy
 A form of direct, as opposed to
  representative democracy
                      Shall
 In legal documents, shall is used to indicate
  obligation, to express a promise or to make a
  declaration to which the parties involved are
  legally bound.
 This use differs from that in everyday speech,
  where it is most often used to make offers (Shall
  I open the window?) or to refer to the future (I
  shall miss you), although this latter use is less
  frequent in modern Eglish.
 In legal texts, shall usually expresses the
  meaning of ‘must’ (obligation)
                 Article 2
 The sovereignty of the Republic of Croatia
 is inalienable, indivisible and
 untransferable
              Sovereignty
 The possession of ultimate legal authority
 Supreme authority in a state
 Internal power may be exercised by
  individual (monarchy), class (oligarchy), or
  entire people (democracy)
 In the UK sovereignty is vested in
  Parliament
Internal vs. external sovereignty
  1. In external relations a sovereign state
  can send and receive ambassadors, make
  international agreements, declare war and
  make peace.
 2. In internal relations it makes and
  enforces law, controls money and military
  power.
.
 Sovereinty in international law
 All states should have supreme control
  over their internal affairs, subject to the
  recognized limitations imposed by
  international law: human rights and
  prohibition to use force
 No state or international organization may
  intervene in matters that fall within the
  domestic jurisdiction of another state
          Limited sovereignty
 It is possible for an authority to be sovereign
  over some matters within a territory, but not all.
 EU member states - sovereign in governing
  defense, but not in governing their currencies,
  trade policies, and many social welfare policies,
  which they administer in cooperation with EU
  authorities as set forth in EU law.
 Absolute sovereignty - circumscribed by
  institutions like the EU, the UN’s practices of
  sanctioning intervention, and the international
  criminal court.
    Sovereignty and human rights
 The Universal Declaration of Human Rights - not
  a legally binding declaration, no enforcement
  provisions, left states’ sovereignty intact, but it
  was a first step towards binding them to
  international, universal obligations
 One of the most robust human rights
  conventions that curtails sovereignty, through
  its arbitration mechanisms: European
  Convention for the Protection of Human Rights
  and Fundamental Freedoms (1950).

                Article 3
 Freedom, equal rights, national equality
 and equality of genders, love of peace,
 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 and the
 grounds for interpretation of the
 Constitution.
              Rule of law
 The principle that governmental authority
  is legitimately exercised only in
  accordance with written, publicly disclosed
  laws adopted and enforced in accordance
  with established procedure.
 The principle is intended to be a safeguard
  against arbitrary governance
     Rule of law: components
 a clear separation of powers
 legal certainty,
 equality of all before the law.
       Separation of powers
 Legislative
 Executive
 Judicial
                Article 4
 In the Republic of Croatia government
 shall be organized on the principle of
 separation of powers into the legislative,
 executive and judicial branches, but
 limited by the right to local and regional
 self-government guaranteed by this
 Constitution.
                 Article 5
 In the Republic of Croatia laws shall
  conform to the Constitution and other rules
  and regulations shall conform to the
  Constitution and law
 Everyone shall abide by the Constitution
  and law and respect the legal order of the
  Republic of Croatia.
 PROTECTION OF HUMAN RIGHTS
 AND FUNDAMENTAL FREEDOMS
                  Article 14
 Everyone in the Republic of Croatia shall
  enjoy all rights and freedoms, regardless
  of race, colour, gender, language, religion,
  political or other belief, national or social
  origin, property, birth, education, social
  status, or other characteristics.
 All shall be equal before the law.
                Article 15
 Members of all national minorities shall
  have equal rights in the Republic of
  Croatia.
 Equality and protection of the rights of
  national minorities shall be regulated by
  the Constitutional Act which shall be
  adopted in the procedure provided for the
  organic law.
             Organic law
 Fundamental law: a system of laws which
 forms the foundation of government. A
 Constitution is a form of organic law for a
 sovereign state.
                Article 15
 Besides the general electoral right, the
  special right of the members of national
  minorities to elect their representatives
  into the Croatian Parliament may be
  provided by law.
 Members of all national minorities shall be
  guaranteed freedom to express their
  natinality, freedom to use their language
  and script, and cultural autonomy.
                Article 16
 Freedoms and rights may only be
  restricted by law in order to protect the
  freedoms and rights of others, public
  order, public morality and health.
 Every restriction of freedoms or rights shall
  be proportional to the nature of the
  necessity for restriction in each idividual
  case.
  Exercise: Put the verbs into the
        appropriate forms
 The separation of powers is an ancient
 and very simple idea: that government
 power should not all ____(concentrate,
 passive) in the hands of one person or
 body, otherwise tyranny ______(result).
 Ancient Greeks, such as Aristotle in his
 Politics, first _____(propound) a version of
 this theory, but the most famous version is
 that _____(put forward) by Montesquieu in
 The Spirit of the Laws (1748)
                   Key
 The separation of powers is an ancient
 and very simple idea: that government
 power should not all be concentrated in
 the hands of one person or body,
 otherwise tyranny results. Ancient Greeks,
 such as Aristotle in his Politics, first
 propounded a version of this theory, but
 the most famous version is that put
 forward by Montesquieu in The Spirit of
 the Laws (1748)
   Fill in the missing words: enactment,
 Executive, implement, Legislative, policies
 He argued that there were three functions
 of government. The___, or Law-Making
 function, which is the ___of rules for the
 society. The ___, or Law-Applying
 function, which covers actions to maintain
 or ____ the law, defend the State, conduct
 external affairs, and administer internal
 ___.
                   Key
 He argued that there were three functions
 of government. The Legislative, or Law-
 Making functin, which is the enactment of
 rules for the society. The Executive, or
 Law-Applying function, which covers
 actions to maintain or implement the law,
 defend the State, conduct external affairs,
 and administer internal policies.
    applying, disputes, exercise,
               Judicial
 Finally came the ___, or Law-Enforceing
 function, which is the determining of civil
 ____ and the punishing of criminals by
 deciding issues of fact and ____the law.
 His view was that ‘There would be an end
 to everything, if the same man, or the
 same body…were to ____those three
 powers…’
                    Key
 Finally came the Judicial, or Law-
 Enforceing function, which is the
 determining of civil disputes and the
 punishing of criminals by deciding issues
 of fact and applying the law. His view was
 that ‘There would be an end to everything,
 if the same man, or the same body…were
 to exercise those three powers…’
      branch, control, excessive,
        government, legislature
 This can be interpreted in several ways, but the
  most likely is that he meant that the three
  functions of ___should be carried out by
  separate persons or bodies and that each ____
  of government should only carry out its own
  function. For instance, the ____should not
  judge, nor should the executive make laws. The
  legislature, executive and judicial branches
  should have equal status so each could___ the
  ____use of power by another branch.
                      Key
 This can be interpreted in several ways, but the
  most likely is that he meant that the three
  functions of government should be carried out
  by separate persons or bodies and that each
  branch of government should only carry out its
  own function. For instance, the legislature
  should not judge, nor should the executive make
  laws. The legislature, executive and judicial
  branches should have equal status so each
  could control the excessive use of power by
  another branch.

				
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posted:8/15/2012
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