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 broaden and deepen their knowledge of the constitutional and legal systems in the world. It is a combination of national and comparative law. As an upgrade to the study on national constitutional and legal system, the comparative method informs students about the constitutional arrangements of other countries, based on the specificities of the various regions of the world, and taking into account the typical types of legal or constitutional systems.
- The first block: The idea of constitutionalism; Judicial and constitutional review, systems and models.
- The second block:
First part: Historical origin of the constitutional systems, Development, Material notion of legal and constitutional system, Socio-economic causes for the formation of legal systems and the emergence of constitutional systems through written constitution, Individual groups of systems, Methods for studying the systems, Types of systems with particular reference to the structure of the system, Complex view on the constitution, Constitution violations, constitutional transition, taking constitutional texts as samples, transplantation of constitutions, Crucial moments and transition, Reinforcement of the system: courts and democracy.
Second part: National legal and constitutional system and its components, comparative relation to foreign systems, Special features of individual types of systems, System and constitution in the formal sense, Derogation from the constitution elements in the formal sense, Sources of constitutional law, Creation of constitutional text, concepts, models (Blaustein, www.oefre.unibe.ch/law/icl/index.htm).
- Third block: Human rights from a comparative perspective.
IV. Fourth block: Research methods for comparing legal and constitutional 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.
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)
Type (examination, oral, coursework, project):
Written examination 70%