The Significance of a
Constitution and
Constitutionality in a
Democratic Society
Unit 12
Preview: Constitution
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Definition
Objectives
Functions
Legal terms
Exercises
Constitution
• The basic document and the supreme
legal act of a State
• Greatest legal force; all regulations
within a legal system must comply with it
• The most important strategic political
act: principles of political, economic and
legal development
Constitution
• Aims for stability
• Directs the dynamics of a society’s
development
• Revision and adjustments
Functions that remain
stable:
• promotion and protection of human
rights and freedoms,
• Building and strenghtening of
democratic constitutional institutions
Objective
• to realize the constitutional principle of
the rule of law
Functions
• Establishes the basis for relations
between citizens and government
• Guarantees human rights and
fundamental freedoms
• Prohibits certain actions of
governmental bodies (negative rights),
and mandates other actions (social,
cultural and other rights)
Functions
• “forms” (constitutes) a state and its legal
system and “checks” all those who
would wish to subjugate the institutions
of the state to their interests
separation of powers, mutual checks
between holders of power (‘checks and
balances’
Functions
• Establishes the fundamental principles
of a political community as a democracy
founded on respect for human rights and
the rule of law
Functions
• Legitimizes a democratic state before
the international community and towards
its citizens
• Declares fundamental values and
objectives of a society urbi et orbi
Functions
• Expresses the will and intent to respect
the achievements of modern legal
civilization
• Sets the frame of the democratic
adjustment of interests and for their
expression through legislation
Legal terms
• Rule of law
• The doctrine that all persons are equal
before the law; government based on
the general acceptance of the law
Legal terms
• Negative rights
• The rights which permit or oblige to
inaction
Legal terms
• Separation of powers
• The powers of government are divided
in three distinct branches: legislative,
executive and judicial
Vocabulary practice: form new
words by adding suffixes and
prefixes
• Division
• Divisional
• Divisible
• indivisible
form new words by adding
suffixes and prefixes
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Develop
Development
Undeveloped
Underdeveloped
developmental
form new words by adding
suffixes and prefixes
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Fundamental
Fundamentalist
Fundamentalism
fundamentally
Make a new word by
combining it with a prefix or a
suffix
• ____altered
• The functions have remained ____ for
decades (have not changed)
• ___national
• Politicians must improve ____relations
(between nations)
• ____ national
• The clearest examples of ___ business can
be found in the EU
Make a new word by
combining it with a prefix or a
suffix
• ___ constitutional
• This provision is clearly ____(not in
conformity with the constitution)
• ___ legitimate
• This is a clear example of ___ use of
public property (not allowed by law)
Complete the table using
the words from the text
Adjective
free
equal
direct
economic
legal
political
natural
Noun
Verb
Adverb
Modal auxiliaries
• “All shall be equal before the law”
• Explain the use of “shall”: what does it
express?
Explain the meaning of shall, may
and might in the following
sentences:
• “Court hearings shall be open to the
public and judgments shall be
pronounced publicly”
• “The public may be barred from a
hearing or part of it for reasons
necessary in a democratic society”
central, regulate, rules,
state
• The constitution establishes ___ and
practices that determine the composition
of the ___and local government in a
__and ___ the relationship between the
individual and the state
amended, procedure,
written
• Most states have a ___constitution, one
of the fundamental provisions of which is
that it can itself be ___only in
accordance with a special___.
constitutional, rules, statutes,
subsequent, unwritten
• The constitution of the UK is largely___.
It consists partly of ___, for the
amendment of which by ___statutes no
special procedure ___ (require, passive)
but also of common law ___ and
___conventions.