Democratic and Rule-of-Law State
Course type
Study programme and level
Language
slovenščina
| Lectures | Seminar | Tutorial | Druge oblike študija | Individual Work | ECTS |
|---|---|---|---|---|---|
| 40 | 160 | 8 |
| Study programme and level | Study field | Academic year | Semester |
| II. level | Law | 1 | 1 |
Course type
Compulsory
| Workload | Lectures (h/semester) | Seminar
(h/semester) |
Tutorial
(h/semester) |
Individual Work (h/semester) | ECTS |
| 40 | 160 | 8 |
Lecturer
prof. dr. Peter Jambrek, assoc. prof. dr. Matej Avbelj
Language
English
Prerequisites
Basic knowledge of constitutional law.
Content (Syllabus outline)
- State as a legal, political and philosophical subject:
- Emergence of the modern state.
- Nation-building.
- Slovenian state as a milestone in the building of Slovenian identity.
- Might and feebleness of the modern state.
- Entities beyond the state.
- Functions of the modern state.
- The question of sovereignty.
- Challenges of globalisation.
2. Democracy as a statist organisational form:
- Genealogy of democracy.
- Theories of democracy.
- Democracy as fiction and reality.
- Totalitarian state vs. democracy.
- Pluralism as prerequisite of democracy.
- Input and output legitimacy and the democratic political process.
- Prerequisites of democracy.
- Challenges of contemporary democracy.
3. Rule of Law (RoL):
- The concept of RoL and its genealogy.
- Theories of RoL.
- RoL vs. Rechtstaat.
- Social prerequisites.
- Basic principles.
- Welfare state and the RoL.
4. Challenges and specific problems of RoL and democracy in Slovenia:
- Creation of the Slovenian state.
- Ancient regime and its constitution.
- Democratic opposition.
- Origins of the Slovenian statehood.
- Contemporary challenges.
- Absence of integrity in the public sphere.
- Problems of political parties in Slovenia.
- (De)construction of the RoL in Slovenia.
- Ethos of RoL and societal malaise.
- Democratic socialism vs. European Slovenia.
Study Literature
- Ronald Dworkin, Law’s Empire (Harvard University Press, 1994).
- L.A. Hart, The Concept of Law (Clarendon Press, 2012).
- Robert Dahl, On Democracy (Yale University Press, 2015).
- Walter F. Murphy, Constitutional Democracy (2008).
- Aharon Barak, Proportionality – Constitutional Rights and Their Limitations (CUP, 2012).
- Peter Jambrek, Theory or Rights (FDS, 2015).
- Peter Jambrek, Nation’s Transitions (FDS, 2015).
- Other literature available on intranet.
Objectives and competences
The present subject contributes to the development of following generic and specific competences of students:
General competencies:
- ability to understand the fundamental institutes of international and diplomatic studies at the level of the master of professional studies,
- development of knowledge and understanding of concepts of international and diplomatic studies, legal rules and principles,
- ability and development of critical thinking in addressing the fundamental issues, processes and problems,
- ability and knowledge of the original resolution of concrete judicial, legal and other social problems,
- ability to transition from a descriptive way of learning to analytical learning with an emphasis on self-critical thinking,
- ability to improve the selection and application of research methods depending on the specific problem,
- understanding the necessity of a neutral philosophical approach to resolving problems in international community,
- improving the efficiency and non-discriminatory use of knowledge gained,
- improving the ability to make decisions about the fundamental dilemmas of Slovenian, European and international society society in concrete cases,
- integration of acquired knowledge in the work process and solving tasks,
- ability to search for compelling alternative solutions and their application to concrete problems,
- ability to employ acquired knowledge and skills in voluntary work,
- ability to employ interdisciplinary learning and to apply the knowledge from different areas of expertise,
- ability to work independently and self-reflective,
- ability to work in a team and decision-making and networking in the professional field,
- ability to search for solutions and their application in practice,
- Improvement and development of oral and presentation skills in the academic world and in practice
- develop the ability to write professional articles on a high professional level,
- ability to cite sources correctly in the text and at its end.
Specific competencies:
1.) Providing a broad theoretical basis for understanding of history, development and current state of democracy and rule of law in abstracto and in concreto (the case of Slovenia);
2.) To present the key practical, in particular constitutional challenges faced by democracy and rule of law, especially in Slovenia.
Intended learning outcomes
Knowledge and understanding:
The student will be capable of independent critical assessment of the concepts of democracy and rule of law, also in light of their functioning in practice.
Learning and teaching methods
Teaching on the basis of a socratic method which requires a prior preparation for the lectures by the students and their active involvement. The emphasis will be laid on translating theoretical findings into practice. The students will learn by using on-line tools and autonomously by forming their own study groups.
Assessment
Active participation in class. Written exam: in class (60%), take-home (40%).
Lecturer’s references
