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Croatia's Constitution of 1991 with Amendments Through 2010
PDF generated: 26 Aug 2021, 16:24 constituteproject.org Croatia's Constitution of 1991 with Amendments through 2010 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:24 Table of contents I. Historical Foundations . 3 II. Basic Provisions . 4 III. Protection of Human Rights and Fundamental Freedoms . 7 1. General Provisions . 7 2. Personal and Political Freedoms and Rights . 9 3. Economic, Social and Cultural Rights . 14 IV. Organization of Government . 18 1. The Croatian Parliament . 18 2. The President of the Republic of Croatia . 22 3. The Government of the Republic of Croatia . 26 4. Judicial Power . 28 5. The Office of the Public Prosecutions . 30 V. The Constitutional Court of the Republic of Croatia . 31 VI. Local and Regional Self-Government . 33 VII. International Relations . 35 1. International agreements . 35 2. Association and Succession . 35 VIII. European Union . 36 1. Legal Grounds for Membership and Transfer of Constitutional Powers . 36 2. Participation in European Union Institutions . 36 3. European Union Law . 37 4. Rights of European Union Citizens . 37 IX. Amending the Constitution . 37 IX. Concluding Provisions . 38 Croatia 1991 (rev. 2010) Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:24 I. Historical Foundations • Reference to country's history The millenary identity of the Croatia nation and the continuity of its statehood, -
Meritocracy in Autocracies: Origins and Consequences by Weijia Li a Dissertation Submitted in Partial Satisfaction of the Requir
Meritocracy in Autocracies: Origins and Consequences by Weijia Li A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Economics in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Gérard Roland, Chair Professor Ernesto Dal Bó Associate Professor Fred Finan Associate Professor Yuriy Gorodnichenko Spring 2018 Meritocracy in Autocracies: Origins and Consequences Copyright 2018 by Weijia Li 1 Abstract Meritocracy in Autocracies: Origins and Consequences by Weijia Li Doctor of Philosophy in Economics University of California, Berkeley Professor Gérard Roland, Chair This dissertation explores how to solve incentive problems in autocracies through institu- tional arrangements centered around political meritocracy. The question is fundamental, as merit-based rewards and promotion of politicians are the cornerstones of key authoritarian regimes such as China. Yet the grave dilemmas in bureaucratic governance are also well recognized. The three essays of the dissertation elaborate on the various solutions to these dilemmas, as well as problems associated with these solutions. Methodologically, the disser- tation utilizes a combination of economic modeling, original data collection, and empirical analysis. The first chapter investigates the puzzle why entrepreneurs invest actively in many autoc- racies where unconstrained politicians may heavily expropriate the entrepreneurs. With a game-theoretical model, I investigate how to constrain politicians through rotation of local politicians and meritocratic evaluation of politicians based on economic growth. The key finding is that, although rotation or merit-based evaluation alone actually makes the holdup problem even worse, it is exactly their combination that can form a credible constraint on politicians to solve the hold-up problem and thus encourages private investment. -
Democracy in the United States
Democracy in the United States The United States is a representative democracy. This means that our government is elected by citizens. Here, citizens vote for their government officials. These officials represent the citizens’ ideas and concerns in government. Voting is one way to participate in our democracy. Citizens can also contact their officials when they want to support or change a law. Voting in an election and contacting our elected officials are two ways that Americans can participate in their democracy. Voting booth in Atascadero, California, in 2008. Photo by Ace Armstrong. Courtesy of the Polling Place Photo Project. Your Government and You H www.uscis.gov/citizenship 1 Becoming a U.S. Citizen Taking the Oath of Allegiance at a naturalization ceremony in Washington, D.C. Courtesy of USCIS. The process required to become a citizen is called naturalization. To become a U.S. citizen, you must meet legal requirements. You must complete an interview with a USCIS officer. You must also pass an English and Civics test. Then, you take the Oath of Allegiance. This means that you promise loyalty to the United States. When you become a U.S. citizen, you also make these promises: ★ give up loyalty to other countries ★ defend the Constitution and laws of the United States ★ obey the laws of the United States ★ serve in the U.S. military (if needed) ★ do important work for the nation (if needed) After you take the Oath of Allegiance, you are a U.S. citizen. 2 Your Government and You H www.uscis.gov/citizenship Rights and Responsibilities of Citizens Voting is one important right and responsibility of U.S. -
Open-And-Shut: Senate Impeachment Deliberations Must Be Public Marjorie Cohn
Hastings Law Journal Volume 51 | Issue 2 Article 3 1-2000 Open-and-Shut: Senate Impeachment Deliberations Must Be Public Marjorie Cohn Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Marjorie Cohn, Open-and-Shut: Senate Impeachment Deliberations Must Be Public, 51 Hastings L.J. 365 (2000). Available at: https://repository.uchastings.edu/hastings_law_journal/vol51/iss2/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Open-and-Shut: Senate Impeachment Deliberations Must Be Public by MARJORIE COHN* Table of Contents I. Impeachment Rules and Precedents ................................................ 368 A. Current Impeachment Rules ............................................... 368 B. A Tradition of Senate Secrecy ............................................ 370 (1) Congressional Rule-Making Authority ........................ 370 (2) The "Closed-Door Policy"............................................. 370 (3) The Twentieth Century: The Door Opens Wider ...... 374 (4) When the Doors Are Closed ......................................... 376 C. Historical Impeachment Rules ............................................ 377 D. Why Did the Presumption of Openness Change in .. 1868 with the Andrew Johnson Impeachment? -
The Economic and Political Situation in Croatia
DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT D: BUDGETARY AFFAIRS The Economic and Political Situation in Croatia NOTE 08/06/2010 PE 411.280 EN This document was requested by the European Parliament's Committee on Budgetary Control. AUTHOR Ms Yana Mechkova RESPONSIBLE ADMINISTRATOR Mr Christian EHLERS Policy Department D: Budgetary Affairs European Parliament B-1047 Brussels E-mail: [email protected] LINGUISTIC VERSIONS Original: EN ABOUT THE EDITOR To contact the Policy Department or to subscribe to its monthly newsletter please write to: poldep- [email protected] Manuscript completed in June 2010. Brussels, © European Parliament, 2010. This document is available on the Internet at: http://www.europarl.europa.eu/studies DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorized, provided the source is acknowledged and the publisher is given prior notice and sent a copy. The Economic and Political Situation in Croatia ___________________________________________________________________________________ TABLE OF CONTENTS 1. INTRODUCTION............................................................................................... 2 2. THE POLITICAL SITUATION............................................................................. 2 2.1. THE POLITICAL STRUCTURE................................................................................... -
Separation of Powers in Post-Communist Government: a Constitutional Case Study of the Russian Federation Amy J
American University International Law Review Volume 10 | Issue 4 Article 6 1995 Separation of Powers in Post-Communist Government: A Constitutional Case Study of the Russian Federation Amy J. Weisman Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Weisman, Amy J. "Separation of Powers in Post-Communist Government: A Constitutional Case Study of the Russian Federation." American University International Law Review 10, no. 4 (1995): 1365-1398. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. SEPARATION OF POWERS IN POST- COMMUNIST GOVERNMENT: A CONSTITUTIONAL CASE STUDY OF THE RUSSIAN FEDERATION Amy J. Weisman* INTRODUCTION This comment explores the myriad of issues related to constructing and maintaining a stable, democratic, and constitutionally based govern- ment in the newly independent Russian Federation. Russia recently adopted a constitution that expresses a dedication to the separation of powers doctrine.' Although this constitution represents a significant step forward in the transition from command economy and one-party rule to market economy and democratic rule, serious violations of the accepted separation of powers doctrine exist. A thorough evaluation of these violations, and indeed, the entire governmental structure of the Russian Federation is necessary to assess its chances for a successful and peace- ful transition and to suggest alternative means for achieving this goal. -
Direct Democracy an Overview of the International IDEA Handbook © International Institute for Democracy and Electoral Assistance 2008
Direct Democracy An Overview of the International IDEA Handbook © International Institute for Democracy and Electoral Assistance 2008 International IDEA publications are independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. The map presented in this publication does not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of the Institute. The map is created for this publication in order to add clarity to the text. Applications for permission to reproduce or translate all or any part of this publication should be made to: International IDEA SE -103 34 Stockholm Sweden International IDEA encourages dissemination of its work and will promptly respond to requests for permission to reproduce or translate its publications. Cover design by: Helena Lunding Map design: Kristina Schollin-Borg Graphic design by: Bulls Graphics AB Printed by: Bulls Graphics AB ISBN: 978-91-85724-54-3 Contents 1. Introduction: the instruments of direct democracy 4 2. When the authorities call a referendum 5 Procedural aspects 9 Timing 10 The ballot text 11 The campaign: organization and regulation 11 Voting qualifications, mechanisms and rules 12 Conclusions 13 3. When citizens take the initiative: design and political considerations 14 Design aspects 15 Restrictions and procedures 16 Conclusions 18 4. Agenda initiatives: when citizens can get a proposal on the legislative agenda 19 Conclusions 21 5. -
The Impeachment and Trial of a Former President
Legal Sidebari The Impeachment and Trial of a Former President January 15, 2021 For the second time in just over a year, the House of Representatives has voted to impeach President Donald J. Trump. The House previously voted to impeach President Trump on December 18, 2019, and the Senate voted to acquit the President on February 5, 2020. Because the timing of this second impeachment vote is so close to the end of the Trump Administration, it is possible that any resulting Senate trial may not occur until after President Trump leaves office on January 20, 2021. This possibility has prompted the question of whether the Senate can try a former President for conduct that occurred while he was in office. The Constitution’s Impeachment Provisions The Constitution grants Congress authority to impeach and remove the President, Vice President, and other federal “civil Officers” for treason, bribery, or “other high Crimes and Misdemeanors.” Impeachment is one of the various checks and balances created by the Constitution, and it serves as a powerful tool for holding government officers accountable. The impeachment process entails two distinct proceedings carried out by the separate houses of Congress. First, a simple majority of the House impeaches—or formally approves allegations of wrongdoing amounting to an impeachable offense. The second proceeding is an impeachment trial in the Senate. If the Senate votes to convict with a two-thirds majority, the official is removed from office. The Senate also can disqualify an official upon conviction from holding a federal office in the future; according to Senate practice, this vote follows the vote for conviction. -
The Relevance of Federal Norms for State Separation of Powers Michael C
Roger Williams University Law Review Volume 4 | Issue 1 Article 3 Fall 1998 The Relevance of Federal Norms for State Separation of Powers Michael C. Dorf Columbia University Follow this and additional works at: http://docs.rwu.edu/rwu_LR Recommended Citation Dorf, Michael C. (1998) "The Relevance of Federal Norms for State Separation of Powers," Roger Williams University Law Review: Vol. 4: Iss. 1, Article 3. Available at: http://docs.rwu.edu/rwu_LR/vol4/iss1/3 This Symposia is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. The Relevance of Federal Norms for State Separation of Powers Michael C. Dorf* INTRODUCTION Of the American Constitution's three most distinctive fea- tures-federalism, judicial protection of individual rights and sep- aration of powers'-only the last has been held inapplicable to the states. First, federalism is, by its terms, a doctrine of power-shar- ing between the national and state governments. The distribution of authority between nation and states was the chief point of con- tention during the period of the Constitution's framing and ratifi- cation, and in recent years, the United States Supreme Court has vigorously enforced federalism norms. 2 Second, although the origi- nal Constitution contained relatively few individual rights provi- sions applicable to the states,3 during the last half-century, the Supreme Court has interpreted the Due Process and Equal Protec- tion Clauses of the Fourteenth Amendments as providing exten- sive protection for individual rights against state interference. -
THE RISE of COMPETITIVE AUTHORITARIANISM Steven Levitsky and Lucan A
Elections Without Democracy THE RISE OF COMPETITIVE AUTHORITARIANISM Steven Levitsky and Lucan A. Way Steven Levitsky is assistant professor of government and social studies at Harvard University. His Transforming Labor-Based Parties in Latin America is forthcoming from Cambridge University Press. Lucan A. Way is assistant professor of political science at Temple University and an academy scholar at the Academy for International and Area Studies at Harvard University. He is currently writing a book on the obstacles to authoritarian consolidation in the former Soviet Union. The post–Cold War world has been marked by the proliferation of hy- brid political regimes. In different ways, and to varying degrees, polities across much of Africa (Ghana, Kenya, Mozambique, Zambia, Zimbab- we), postcommunist Eurasia (Albania, Croatia, Russia, Serbia, Ukraine), Asia (Malaysia, Taiwan), and Latin America (Haiti, Mexico, Paraguay, Peru) combined democratic rules with authoritarian governance during the 1990s. Scholars often treated these regimes as incomplete or transi- tional forms of democracy. Yet in many cases these expectations (or hopes) proved overly optimistic. Particularly in Africa and the former Soviet Union, many regimes have either remained hybrid or moved in an authoritarian direction. It may therefore be time to stop thinking of these cases in terms of transitions to democracy and to begin thinking about the specific types of regimes they actually are. In recent years, many scholars have pointed to the importance of hybrid regimes. Indeed, recent academic writings have produced a vari- ety of labels for mixed cases, including not only “hybrid regime” but also “semidemocracy,” “virtual democracy,” “electoral democracy,” “pseudodemocracy,” “illiberal democracy,” “semi-authoritarianism,” “soft authoritarianism,” “electoral authoritarianism,” and Freedom House’s “Partly Free.”1 Yet much of this literature suffers from two important weaknesses. -
Impeachment As Judicial Selection?
William & Mary Bill of Rights Journal Volume 18 (2009-2010) Issue 3 Article 3 March 2010 Impeachment as Judicial Selection? Tuan Samahon Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Courts Commons, and the Judges Commons Repository Citation Tuan Samahon, Impeachment as Judicial Selection?, 18 Wm. & Mary Bill Rts. J. 595 (2010), https://scholarship.law.wm.edu/wmborj/vol18/iss3/3 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj IMPEACHMENT AS JUDICIAL SELECTION? Tuan Samahon* Ideological judicial selection encompasses more than the affirmative nominating, confirming, and appointing of judges who pre-commit to particular legal interpretations and constructions of constitutional text. It may also include deselection by way of im- peachment and removal (or at least its threat) of judges subscribing to interpretations and constructions of the Constitution that one disapproves. This negative tactic may be particularly effective when deployed against judges on closely divided collegial courts, such as the U.S. Supreme Court and the U.S. courts of appeals, where per- sonnel determine voting majorities and, in turn, majorities determine case outcomes. The Pickering-Chase, Fortas-Douglas, and Christian Coalition impeachments and threats of impeachment illustrate that the use or threat of this tactic is more common than might be supposed. Indeed, recent calls for the removal of Circuit Judge Jay Bybee demonstrate the continuing allure of impeachment as judicial selection. This Article examines the phenomenon of impeachment as judicial selection through Professors Tushnet’s and Balkin’s framework of “constitutional hardball.” In the case of impeachment as judicial selection, Congress plays constitutional hardball by claiming that it is an appropriate tool for political control and a fraternal twin to the modern appointments process. -
The Democracy Principle in State Constitutions
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2021 The Democracy Principle in State Constitutions Jessica Bulman-Pozen Columbia Law School, [email protected] Miriam Seifter University of Wisconsin Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Election Law Commons, Law and Politics Commons, Legislation Commons, and the State and Local Government Law Commons Recommended Citation Jessica Bulman-Pozen & Miriam Seifter, The Democracy Principle in State Constitutions, 119 MICH. L. REV. 859 (2021). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2654 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. THE DEMOCRACY PRINCIPLE IN STATE CONSTITUTIONS Jessica Bulman-Pozen*& Miriam Seifter** In recent years, antidemocratic behavior has rippled across the nation. Lame- duck state legislatures have stripped popularly elected governors of their pow- ers; extreme partisan gerrymanders have warped representative institutions; state officials have nullified popularly adopted initiatives. The federal Consti- tution offers few resources to address these problems, and ballot-box solutions cannot work when antidemocratic actions undermine elections themselves. Commentators increasingly decry the rule of the many by the few. This Article argues that a vital response has been neglected. State constitu- tions embody a deep commitment to democracy. Unlike the federal Constitu- tion, they were drafted—and have been repeatedly rewritten and amended— to empower popular majorities.