Study programme and level
|Lectures||Seminar||Tutorial||Druge oblike študija||Individual Work||ECTS|
Eligibility for enrollment in the first 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 First block:
The first part
The idea of constitutionalism (elements of constitutionalism, classical systems of constitutionalism, constitutional reforms – especially in new democracies)
The second part
- Judicial and constitutional review of the constitutionality (judicial and constitutional review), systems and models, the concept of assessment of the constitutionality and the development of the constitutional review in the world, the definition of the constitutional judiciary, the importance of judicial review of constitutionality, comparative view on constitutional justice)
- Systems of the constitutional review (extrajudicial and judicial system, the U.S. model, the European model, the mixed model, the French model, the New Commonwealth model, other models of constitutional and judicial review).
- Forms of the constitutional and judicial review (preventive and repressive review, concrete and abstract review, the type and nature of constitutional decisions, federalism and the the constitutional justice)
- International associations of bodies of judicial and constitutional review.
The first part
- Historical origins of constitutional systems
- Material term of the legal and constitutional system
- Socio-economic causes of the formation of legal systems and the emergence of the constitutional systems in form of a written constitution
- Particular goups of systems
5.1 Historical ranking
5.2 Geographical classification and geographic origin of the system
5.3 Basic features of individual systems
5.3.2 United Kingdom
5.3.5 New Democracies
5.3.8 Central and South America
- Methods for studying systems
6.1 The legal approach
6.2 The sociological approach
6.3 Historical development: old and new comparative studies of the globalization process, the effect of transformation of legal systems in the nineties of the 20th century)
- Types of systems, with particular reference to the structure of the system
7.1 Written and unwritten constitution
7.2 Colorful and documentary Constitution
7.3 Codified and non codified constitution
7.4 Firm and flexible constitution
7.4 Territorial authorities in the organization of unitary and federal structures
- Complex vision in the Constitution
- Violation of the Constitution, constitutional transition, usage of constitutional texts as models and transplantation of constitutions
- Critical moments and transition
- Hardening system: courts and democracy
The second part
- National legal and constitutional system and its components, comparation with foreign systems
- Specialities of particular systems
2.1 Material aspects (contents of regulation of particular constitutional institutions in national systems)
2.2 Formal aspects (specific forms of constitutional texts)
- System and the constitution in the formal sense
4.Deviation of elements of the constitution in the formal sense
- Sources of Constitutional Law
5.1 The National Resources
5.2 International sources
5.3 Hierarchy: constitution constitutional law, laws and other general acts, international documents, jurisprudence, constitutional traditions and practices, theory, general principles of morality.
- The creation of a constitutional text, concepts, models (Blaustein,www.oefre.unibe.ch / law / ICL / index.htmIII.
- Human rights from a comparative perspective
- National protection.
2.1 Formal protection (ordinary judiciary, special judiciary, constitutional justice).
2.2 Informal protection (Ombudsman, NGOs, etc.).
- International Protection:
3.1 Universal protection (United Nations).
3.2 Regional Protection (European Convention on Human Rights, European Court of Human Rights, the Charter of Fundamental Rights of the European Union, the Inter-American Court of Human Rights, the African Court on Human Rights, the International Court of Human Rights based on the Dayton Agreement (BiH)
- Impact on the international protection of national protection
- Comparability of legal and constitutional systems
- Level of comparability of legal and constitutional systems
- Comparative method:
3.1 lower levels: an empirical description of historical explanation.
3.2 higher level: a thematic comparison.
- Historical Method: The legal / constitutional systems are a product of history and can be only be explained by a number of historical factors.
- Institutional Method: The legal / constitutional political systems are qualified legal phenomenon.
- Ideological method: The systems can be evaluated on the basis of more or less coherent collection values and norms.
- Functional Method: Systems are one of many phenomena in society and at the same time elements of the socio political system.
- Structurally functional method: Like other phenomena, the systems are one of the determinants of the society structure and at the same time also the structure is one of the determinants of the systems.
9. Systemic method: dealing with the problems of political and legal relations in the context of particulare systems.
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.
A written exam consisting of theoretical and practical part.
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.oefre.unibe.ch / law / ICL / index.html), a comparison of the decision in the proceedings of the constitutional complaint beforee the Constitutional Court of Slovenia (www.us-rs.si) with a related decision from particular foreign constitutional courts andthe European Court for Human Rights (www.echr.coe.int)
Written examination 70%
– Mavčič, Arne, Primerjalno ustavno pravo – pravo človekovih pravic, založba Pasadena, Ljubljana, 2002.
– MAVČIČ, Arne (urednik). Constitutional review systems around the world. Lake Mary: Vandeplas, 2018. 713 str. ISBN 978-1-60042-297-3. [COBISS.SI-ID2053248694]
www.us-rs.si s povezavami
www.concourts.net s povezavami
Zbirka ustav/Collection of Constitutions: