Comparative Constitutional Law
Course type
Study programme and level
Language
slovenščina
Lectures | Seminar | Tutorial | Druge oblike študija | Individual Work | ECTS |
---|---|---|---|---|---|
30 | 120 | 6 |
Prerequisites:
Fulfillment of requirements to enroll in the 1st year.
Content (Syllabus outline):
The course enables students to a broader and deeper knowledge of the constitutional and legal systems in the world. It is a combination of national and comparative law. As an upgrade study of the national constitutional and legal system based on the comparative method, making students familiar with legal systems of other countries, drawing on features for individual world regions and taking into account specific types of legal and constitutional systems.
I.GENERAL
1. General presentation of comparative constitutional law
– The historical origin of constitutions
– Historical development of the constitutionality of
– Material notion of constitutionality
– Socio-economic causes of the emergence of written constitutions
2. Individual groups of constitutions
– Historical ranking
– Geographical classification
3. Basic characteristics of some constitutions
– USA
– United Kingdom
– Germany
– Switzerland
– New Democracies
– Africa
– Asia
– Central and South America
– Australia
4. The geographical origin of constitutions
5. Approaches (methods ) to the study of constitutions
– The legal approach
– The sociological approach
6. Types of constitutions
– Written and unwritten constitution
– Written and documentary Constitution
– Codified constitution and non-codified
– Firm and flexible constitutions
– Complex vision of the Constitution
– Violation of the Constitution , constitutional transition , assuming the constitutional texts as models and
– Transplantation of constitutions
– Constitutional moments and transition
– Constitutional consolidation , courts and democracy
II . Comparing of the national regulations
- The national constitutional system and its components
2. Specificities of each type of constitutional arrangement
3. Constitution in the material sense
4. The Constitution in the formal sense
5. Deviation of the elements of the constitution in the formal sense
6. Sources of Constitutional Law
6.1 . International treaties
6.1 . The Constitution
6.3 . Legislation
6.4 . Case-Law
6.5 . Customary law
6.6 . Unwritten law
6.7 . General principles of lawIII . Constitutional Review
1. The development of judicial/constitutional review - Modern systems of judicial/constitutional review
2.1 . Systems with diffuse judicial review of the constitutionality
2.2 . Systems with concentrated judicial review of the constitutionality
2.3 . Other forms of judicial review of the constitutionality
2.4 . Special systems of judicial review of the constitutionality
IV . COMPARATIVE HUMAN RIGHTS LAW
1 The constitutional provisions on human rights
1.1 . Systems of regulation
1 2 Types of rights
1.2.1 . Individual and collective rights
1.2.2 . Civil and political rights
1.2.3 . Economic, social and cultural rights
2 Protection of human rights
2.1 . National protection
2.1.1 . Formal protection
2.1.1.1.Ordinary judiciary
2.1.1.2 . Special judiciary
2.1.1.3 . Constitutional Justice
2.1.2 . Informal protection
2.1.2.1 . Ombudsman
2.1.2.2 . Other forms of protection ( non-governmental organizations , etc.).
2.2 . International protection
2.2.1.Universal protection
2.2.2. United Nations
2.2.3 . Regional protection
2.2.3.1 . The European Court of Human Rights
2.2.3.2 . Inter- American Court of Human Rights
2.2.3.4 . African Court of Human Rights
2.2.3.5 . International Court of Human Rights after the Dayton Agreement ( Bosnia and Herzegovina)
Using the principles of the international protection under the national protection
2.4 . Individual constitutional rights and comparative constitutional law
V. SPECIAL ISSUES
1 The supervisory function of parliaments in the European parliamentary democracy
2 Defense and security measures in the individual country arrangements
3 Human rights – citizens and foreigners
4 The relationship between the state and religious communities
EXERCISES : Model Constitution; exercises in which candidates place the constitutional provisions ” adoptees ” in the respective model ; comparison models .
Objectives and competences:
Students will develop general competencies: knowledge of the constitutional and legal systems in world.
Intended learning outcomes:
Knowledge and understanding:
- Compulsory participation in class discussions. • Introduction to the statutory examples that impact on the final assessment exam.
- An optional exam before the exam or essay type or the take home, for self-examination
Writing a research paper.
Learning and teaching methods:
Lectures are based on the representation of matter with modern computer-based visual means.
Tutorial: Comparing the structure of the Constitution with the structures of foreign constitutions (www.concourts.net; www.servat.unibe.ch/icl), a comparison of the decision in the proceedings of the constitutional complaint before the Constitutional Court of Slovenia (www.us-rs.si) with a related decision from particular foreign constitutional courts and the European Court for Human Rights (www.echr.coe.int, www.venice.coe.int).
Assessment:
Research paper 100%