Constitutional Law
Course type
Study programme and level
Language
slovenščina
| Lectures | Seminar | Tutorial | Druge oblike študija | Individual Work | ECTS |
|---|---|---|---|---|---|
| 45 | 40 | 115 | 8 |
| Study programme and level | Study field | Academic year | Semester |
| I. level | Law | 1 | 1 |
Course type
Compulsory
| Workload | Lectures (h/semester) | Seminar
(h/semester) |
Tutorial
(h/semester) |
Individual Work (h/semester) | ECTS |
| 45 | 40 | 115 | 8 |
Lecturer
Izr. prof. dr. Andraž Teršek (with prof. dr. Arne Marjan Mavčič)
Language
English
Prerequisites
Eligibility for enrollment in the first year.
Content (Syllabus outline)
The course is designed to learn the fundamentals of Constitutional Law of the Republic of Slovenia, national constitutional regime and philosophy of constitutionalism. It is divided into two inseparable parts: lectures and exercises. The lectures are intended to highlight the fundamental theoretical concepts of constitutional law and constitutionalism, their proper understanding and practice and analysis of their development in the constitutional case-law of the Constitutional Court of the Republic of Slovenia.
1. The Constitution and the constitutionality of
2. Historical development of the constitutionality in Slovenia
3.The Constitution of the Republic after accession to the EU and Slovenia’s position in the EU
4. Fundamental constitutional principles
– The rule of law
– The principle of democratic state
– The principle of separation of powers
5. Fundamental constitutional principles
– The principle of the social welfare state
– The principle of equality
– Principle of proportionality
– The principle of human rights protection
6. Human rights and fundamental freedoms
– introductory
7. Human rights and fundamental freedoms, selected cases
8. System of government
– introductory
9. The National Assembly
10. The National Council
11. Government
12. Judiciary and Justice lato sensu
13. The Constitutional Court
– Historical development of the Slovenian constitutional review
– Powers and procedure
-Selected Constitutional Case-law
14. Local government
15. Elections and forms of direct democracy
16. Focused thematic lectures and constitutionally actual commentaries
Study Literature
- Šturm. L. (ur.), Komentar ustave RS (FPDEŠ, Ljubljana, 2009 in 2011).
- Grad F., Kaučič I., Ribičič C., Kristan I., Državna ureditev Slovenije (Ur. List, Ljubljana, 2008).
- Mavčič, Arne, Zakon o ustavnem sodišču s pojasnili (Nova revija, Ljubljana, 2000).
- Teršek, Andraž, Teorija legitimnosti in sodobno ustavništvo (Annales, Univerza na Primorskem, Koper, 2014)
- Teršek, Andraž, Pravna ignorance škodi. Kritika pravne prakse 2 (Annales, Univerza na Primorskem, 2016).
Websites:
- Spletna stran Ustavnega sodišča RS: www.us-es.si
- Spletna stran Mavčič: www.concourts.net
- Spletne strani portal Ius Info – Kolumne.
- Spletni portal Evropskega sodišča za človekove pravice (HUDOC)
Objectives and competences
Students will be able to find, understand and apply basic knowledge of constitutional law of the Republic of Slovenia, national constitutional regime and the philosophy of new constitutionalism.
Intended learning outcomes
Knowledge and understanding:
– Compulsory participation in class discussions.
– Introduction of model examples that importantly affect the final assessment exam.
– An optional exam (with the influence on final degree) before the exam or essay type or the »take home«, for self-examination.
A written or oral 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: The structure of the Constitution (www.concourts.ne); model and the actual constitutional case-law taken by the Constitutional Court of Slovenia (www.us-rs.si)
Assessment
Type (examination, oral, coursework, project):
Written or oral examination 70%
Coursework 30%
Lecturer’s references
Ass. prof. dr. Andraž Teršek has a doctor’s degree in Constitutional Law, obtained at the Faculty of Law, the University of Ljubljana (2008). He was an assistant Professor at the Chair of Theory and Sociology of Law at that faculty from 1999 to 2008. He is the former assistant editor of the Dignitas – The Slovenian Journal of Human Rights, editor of Collection of Papers Legal Questions about the Beginning and End of Life. Abortion and Euthanasia, Human Dignity and Mental Health and Ethics-Selected Issus in Medicine, Sports, and Law. He has published numerous scientific articles, essays and research papers. He is the author of the monographs Freedom of Expression (2007), Constitutional Democracy and the Rule of Law (2009), co-author of the monograph Preludium of Democracy – Civil Society and the Freedom of Public Communication, author of the Theory of Legitimacy and Modern Constitutionalism (2014), Ignorantio Iuris Nocet-The Critique of Legal Practice 1 / 2 (2015 / 2016), The Lawyers’s Constitutionality (2015), Political Alternatives Today (2015). He is the initiator, co-founder and managing editor of the REVUS-Journal for Constitutional Theory and Legal Philosophy, the co-founder and first president of the Club Revus –European Democracy and Constitutionality Research Centre. As a constitutional scholar he was an assistant professor and a research scientist at the Institute Andrej Marušič in Koper, Faculty for Mathematics, Natural Science and Information Technologies Koper (teaching Ethics and Humanity and Law and Economics), Faculty for Educational Sciences (teaching Law, Law and Ethics in Education and Education for Critical Citizenship), and the Faculty for Humanities Koper (lecturing on the Freedom of Expression and Media Law), at the Faculty for management Legal and Social State; all at the University of Primorska. He has been a Head of the Centre for Single Science and Development at the Institute UP PINT. At the European Faculty of Law he is the lecturer for Theory and Practice of Social State and Constitutional Law
