Constitutional Law
Code: 100490Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Labour Relations | FB | 1 |
Contact lecturer
- Name :
- Joan Lluís Perez Francesch
- Email :
- joanlluis.perez.francesch@uab.cat
Teaching staff
- Laura Cappuccio
Group languages
You can consult this information at the end of the document.
Prerequisites
As a subject of the first year of the Degree in Labour Relations, Constitutional Law does not require any previous knowledge or prerequisites. Anyway, it is recommended students make a review of the baccalaureate’s Social Sciences subjects related to current historic, legal or political issues.
The teaching of the subject will be taught fully from the perspective of the Objectives of Sustainable Development.
Objectives
This is a subject located in the first half of the first year and, consequently, a basic one. Its content is developed from the Spanish Constitution of 1978 and its consideration as supreme law of our legal system. The Constitution has been studied from different disciplines, such as Political Science, Philosophy, Sociology or History. For its part, Constitutional Law makes a legal methodological approach that includes the study of: the Constitution as supreme Law, the sources of Law, the government institutions, the citizens’ rights and liberties and the State structure.
The subject provides the basic knowledge about the construction of our democratic system from the normative point of view. Within this framework, the objective is make students able to understand critically the constitutional structure of the political system and the legal system around three basic concepts: who has the power (the legitimacy of the people), how is the power (the division of powers) and for which power is exercised (the defence and guarantee of citizens’ rights).
Therefore, the objectives of the subject are:
a) To provide a basic knowledge of the Spanish Constitutional Law.
b) To understand the historical genesis of the Constitution and its contribution to the implementation of democracy in Spain.
c) To contextualize the Spanish Constitution in Comparative Law, in particular the European framework.
d) To obtain a theoretical knowledge about the legitimacy of power, division of powers, its exercise and the guarantee of the citizens’ rights and the territorial structure of the State.
e) To demonstrate theoretical knowledge through written work and oral presentations.
Learning outcomes
- Identifying the main structural principles of the State as a Social and Democratic State of Law.
- Analysing and solving the problems and situations of the constitutional system of fundamental rights (configurational elements, defence and guarantee mechanisms mechanisms).
- Working autonomously.
- Organising and managing the available time.
- Verbally communicating and defending a project.
- Working effectively in teams.
Contents
Lesson 1: The constitutional State
The State: concept and core elements. The Constitution: concept and historical evolution. The Spanish Constitution of 1978: elaboration procedure and general characteristics. The structural principles: The social and democratic State of Law, the parliamentary monarchy, the state of the autonomies and the process of European integration.
Lesson 2: The sources of Law (I)
Concept of legal sources and structure of the legal system. Principles of relationship between rules and principles of relation between law systems. The autonomy of individuals in the creation of the Law.
Lesson 3: The sources of Law (II)
The Constitution as a rule: supremacy and guarantees. The law. The other primary legislation: the decree-law and the legislative decree. The administrative regulations. The international Treaties. The Community law
Lesson 4: The constitutional bodies (I)
General characteristics of the Spanish institutional system. The crown. The Parliament. The President and the Government.
Lesson 5: The constitutional bodies (II)
The Constitutional Court: composition, functions, procedures and resolutions. The Judicial Power: functions and constitutional principles of the Administration of Justice, position and statute of judges, the General Council of the Judicial Power. The Public Prosecutor.
Lesson 6: The State of Autonomies
The territorial model of the State. The Statutes of Autonomy and the distribution of competencies: special reference to competencies in labour matters. The sources of Law of the Autonomous Regions. The institutional system of the Autonomous Regions. Relations between the State and the Autonomous Regions and between the Autonomous Regions: the conflict of competence.
Lesson 7: Fundamental Rights
Evolution, characterization and classification. Ownership, beneficiaries and object of protection. Regulation, exercise and limits. The effectiveness of rights before publicauthorities and individuals. The rights and freedoms in the workplace.
Lesson 8: The guarantee of Fundamental Rights
The Ombudsman and regional equivalents. The ordinary judicial protectiont. The constitutional complaint. The international protection.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Practical classes | 4 | 0.16 | 1, 2, 3, 4, 5 |
| Discussion and resolution of practices, text comments, debates and seminars | 22.5 | 0.9 | 1, 2, 3, 4, 5 |
| Theoretical classes | 18.5 | 0.74 | 1, 2, 3, 4, 5 |
| To study. Writing of works. Reading of texts. Search of documents and bibliography | 65 | 2.6 | 1, 2, 3, 4, 5 |
The learning process focuses on the work of the student, who learns working individually and in groups, the mission of the teaching staff being to help them in this task by providing information and showing them the techniques and sources where it can be obtained.
The development of teaching of the subject and student training is based on the following activities:
1. Directed activities:
1.1. Lectures classes/ theoretical classes: where students achieve through the transmission of knowledge of the teacher the conceptual bases of the subject and assume the legal, regulatory and jurisprudential framework.
1.2. Seminar / practical classes: as a learning space where students assume a preferably active role, together with the teacher, to analyze and interpret previously elaborated questions, issues or cases in order to develop and consolidate the essential content explained in the theoretical classes.
2. Supervised activities: These are activities that students will develop in the classroom, with the supervision and support of the teacher. It is the solution of some practical assumption in the classroom, the elaboration of some records of sentences and / or regulations, or the realization of outlines or written drafting of some epigraphs of the subject or of complementary readings of monographs or doctrinal articles.
3. Autonomous activities: these are activities in which the student organizes time and effort autonomously, either individually or in groups.
3.1 Study of the subject.
3.2 Preparation of documents of practical activities: which will be delivered and analyzed in the classroom. These are practical cases proposed in advance by the teacher or the preparation of critical reviews of books and readings or files of jurisprudence, regulations, or films.
3.3 Search of bibliography, jurisprudence, and materials for the resolution of practical cases, complementing theoretical questions
3.4. Preparation of course work, reports, etc
The teaching of the subject will be mixed: The Lectures classes/ theoretical classes will be virtual, and the seminars / classroom practices will be face-to-face.
Attendance at seminars, except in justified cases, will be compulsory for students
The teaching methodology and the evaluation may have some modification depending on the circumstances and especially on the restrictions to the attendance established by the health authorities.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Preparation of reviews, book criticism, reading control, worksheets jurisprudence, legislation or videos or films. made in a way individual or group | 5% | 7 | 0.28 | 1, 2, 3, 4, 5 |
| Realization of Individual or group course work on a topic related to the subject and the public presentation | 25% | 10 | 0.4 | 1, 2, 3, 4, 5, 6 |
| Written Exam - Final Exam | 50% | 2 | 0.08 | 1, 2, 3, 4, 5 |
| Carrying out individual or group practices: Continuous assessment | 10% | 15 | 0.6 | 1, 2, 3, 4, 5 |
| Active participation and quality of the interventions in the debates and discussions different from the one carried out in the seminars / practices | 10% | 6 | 0.24 | 1, 2, 3, 4, 5, 6 |
- Written tests (exams): there will be a final exam for the whole subject to check the overall acquisition of skills, abilities and knowledge, which will have a weight of 50% of the grade.
- The realization of practical cases (reports, reviews, legal writings, opinions...) individually or in groups will have an overall weight of 10% of the grade.
- The individual or group completion of work on a topic that is the subject of the subject or related to it and the public presentation, will have a weight of 25%.
- Attendance and participation in class. This is active participation throughout the subject, of quality, legally based, appropriate and relevant to the topics discussed, and different from that carried out in practical classes. It will have a weight of 10%.
- Elaboration of reviews, criticism of books, jurisprudence files, regulations, videos or films. It will have a weight of 5%
Bibliography
A) Handbooks:
* ARAGÓN REYES, Manuel. (ed.). Temas básicos de Derecho Constitucional, Civitas, Madrid.
* APARICIO PÉREZ, Miguel Angel. (dir.)- BARCELÓ, M., Manual de Derecho Constitucional, Atelier, Barcelona.
* BALAGUER CALLEJÓN, Francisco (y otros). Derecho Constitucional, 2 vols., Tecnos. Madrid.
* CASTELLÀ, Josep María (ed.). Derecho constitucional básico, Hygens, Barcelona.
* FOSSAS, E.- PÉREZ FRANCESCH, Joan Lluís. Lliçons de Dret Constitucional, Proa, Barcelona.
* MOLAS, Isidre. Derecho Constitucional, Tecnos. Madrid.
* PÉREZ ROYO, Javier. Curso de Derecho Constitucional, Marcial Pons, Madrid.
B) Legal Texts:
* CARRERAS SERRA, F.- GAVARA, J.C. Leyes políticas, Aranzadi, Pamplona.
* ALBERTÍ, Enoch - GONZALEZ, Markus. Leyes políticas del Estado, Civitas, Madrid.
C) Comments to the Constitution
* CASAS BAAMONDE, María Emilia- RODRIGUEZ-PIÑERO.Manuel. Comentarios a la Constitución, Wolkers
Kluwer, 2008
* GARRIDO FALLA, Francisco (dir.) Comentarios a la Constitución. Civitas, Madrid.
* ALZAGA VILLAAMIL, Oscar. Comentarios a la Constitución Española Edersa, Madrid.
Web pages
http://www.der.uva.es/constitucional/verdugo/matriz.htm Materials de Dret Constitucional.
http://www.iustel.com Informació normativa, jurisprudencial i doctrinal.
www.westlaw.es. Base de dades westlaw.
Software
Knowledge of word processing, access to databases, and internet browsing
Course groups and languages
The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE
| Type of teaching | Group | Language | Semester | Shift |
|---|---|---|---|---|
| (TE) Theory | 1 | Spanish | first semester | morning-mixed |
| (PAUL) Classroom practices | 1 | Catalan/Spanish | first semester | morning-mixed |
| (TE) Theory | 2 | Spanish | first semester | morning-mixed |
| (PAUL) Classroom practices | 2 | Catalan/Spanish | first semester | morning-mixed |
| (TE) Theory | 51 | Catalan | first semester | afternoon |
| (PAUL) Classroom practices | 51 | Catalan/Spanish | first semester | afternoon |