
Constitutional Law I
Code: 102216Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Law | OB | 1 |
Contact lecturer
- Name :
- Juan Carlos Gavara de Cara
- Email :
- juancarlos.gavara@uab.cat
Teaching staff
- Anna Capellà i Ricart
- Juan Carlos Gavara de Cara
- Valentina Maglietta
- Ricard Brotat Jubert
Group languages
You can consult this information at the end of the document.
Prerequisites
The subject Constitutional Law I does not require some knowledge or prerequisites to be a subject of the first year of the Degree in Law. It is recommended, however, to review knowledge and acquired in the subject Constitutional Organization of the State. The teaching of the subject will be taught taking into account the perspective of the Sustainable Development Goals.
Those responsible for three of the five groups will be Anna Capellà i Ricart (cat), Valentina Maglietta (spa), Ricard Brotat (cat) and Juan Carlos Gavara de Cara (spa). The rest of the teaching staff is to be determined.
Objectives
Constitutional Law I is a subject that is taught in the second semester of the first year of the Degree in Law. It is a subject that serves for the student to acquire basic knowledge about the functioning of the legal system and the Autonomous Communities. This course serves as an introduction to other topics that will later be developed in other areas of the Degree in Law.
From the perspective of student preparation, Constitutional Law I aims to achieve the following objectives:
- To identify, know and apply the basic and general principles of the legal system.
- To understand the unitary nature of the legal system and the interdisciplinary vision of legal problems.
- To know the main public institutions of the Autonomous Communities, as well as the origin and functioning of the autonomous system as a whole.
Learning outcomes
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Use different information and communication technologies.
- Understanding the diversity and complexity of the system of legal standards in the local, autonomic, state and European levels.
- Explaining how the several elements of the legal standard system are interrelated and self-limited, forming a system.
- Knowing the role of the Constitution as a democratic framework of cohabitation and as a basis and foundation of the legal system.
- Knowing the causes that created the emergence of the State, the characteristics that differentiate it from other forms of political organisation, assuming that not every political organisation of a society implies the existence of a State.
- Identifying the different forms that the State may take and the functions it has developed and it currently develops.
- Knowing the legal system and the system of sources of Law of state, autonomic, community and international order, as well as the rules of their implementation.
- Knowing the constitutional foundations of the legal system.
- Identifying the different regulatory local, autonomic, state and European levels.
- Understanding the constitutional rules for the validity and constitutionality of the legal standards, how they interrelate, limit and complement each other.
- Consolidating the role developed by the Constitution as the foundation of the whole legal system.
- Acquiring a sensible and critical analysis methodology from a legal-constitutional perspective.
- Critically comprehending the budgets and constitutional fundamentals as a starting point of any legal analysis.
- Producing a constitutional legitimacy parameter as a reference to carry out every legal analysis.
- Analysing the content of legal standards from a constitutional perspective.
- Integrating in every carried out analysis an integrated vision of the complexity of legal regulations that includes a joint and systematic perspective of autonomic, state and European standards.
- Knowing the constitutional foundations of territorial distribution of power.
- Contextualizing the configuration given by the Statute of Autonomy of Catalonia to the Autonomous Community.
- Understanding the constitutional and statutory role of autonomic public authorities and its relation to the state and European authorities.
- Establishing the constitutional and statutory rules of operation, composition, limits and control of the several autonomic institutions.
- Knowing the interrelation, separation and cooperation rules, between the several powers and institutions of the different autonomic, state and European areas.
- Identifying the mechanisms for the control of the performance of the Autonomous Communities.
- Knowing that, inside the European Union coexist several democratic states that possess a big organisational and constitutional diversity.
- Identifying which ones are the main differences and similarities about their institutional, normative and jurisdictional organisation.
- Recognising the different mechanisms used by the states to interact with the European Union.
- Appreciating the existence of specific common constitutional traditions between the several states of the European Union.
- Present information in a way that is appropriate to the type of audience.
Contents
Constitutional Law I. Part one. The legal system
Lesson 1. The legal system and the system of norms
Legal norms: general notions. - The legal order: the rules of relation between norms and between ordinances. - The custom, the general principles and the jurisprudence. - The principle of juridical security.
Lesson 2. The Constitution as a legal norm.
The democratic legitimacy of the State.- The legal value of the Constitution.- The types of constitutional norms.- Relations of the Constitution with the rest of the juridical order.- The derived constituent power: the reform of the Constitution.
Lesson 3. The control of constitutionality of laws and the Constitutional Court
The constitutional justice.- The procedures of control of constitutionality of the laws.- The constitutional interpretation.
Lesson 4. The law. The concept and general characteristics of the law to the Constitution. - The legislative procedure. - The organic law.
Lesson 5. The normative acts of the Government with the rank of law.
Characterization of the legislative power exercised by the Government.- The decree-law.- The legislative decree.
Lesson 6. The regulation. Concept of regulation.- The regulatory power.- Classes and form of the regulations.- Control of the regulations.
Lesson 7. Treaties and community law. The treaty as an international norm and its internal efficacy.- The control of the constitutionality of the treaties.- The European Community and the European Union.- The European community order and domestic law.
Part two. The territorial organization
Lesson 8. The principles of the territorial organization of the State.
The models of territorial organization of the state.- The dispositive principle: the right to autonomy.- The principle of unity, - The principle of autonomy.- The principle of solidarity.
Lesson 9. The autonomous legalsystem. The statute of autonomy.- The regulatory power of the Autonomous Communities, special reference to the system of norms of Catalonia.- The relations between the
State and autonomous ordination.- The laws of Article 150 CE.
Topic 10. The institutional organization of the autonomous communities. The political institutions, special reference to the autonomous institutions of Catalonia. - The distribution of competences between the autonomous communities and the State. - The relations between the State and the autonomous communities.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Theoretical classes | 22 | 0.88 | |
| Discussion and resolution of practices, text comments, debates and seminars | 22 | 0.88 | 2 |
| Assessment | 5 | 0.2 | 4, 5, 6 |
| To study. Writing of works. Reading of texts. Search of documents and bibliography | 61 | 2.44 | 3 |
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.
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.
Attendance at the seminars, except in the case of justified cause, will be mandatory for students.
There may be changes of language in teaching due to unforeseen circumstances
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Preparation of recensions, reviews, book reviews, case, regulations, videos or movies files | 0-25% | 7 | 0.28 | 1, 2, 3, 29 |
| Realization individual or group practices: Continuous evaluation | 0-50% | 15 | 0.6 | 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 29 |
| Written exam - Final Exam | 0-50% | 2 | 0.08 | 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 |
| Realization of Individual or group course work on a topic related to the subject and assigned by the teachers team (and the possible public presentation) | 0-30% | 10 | 0.4 | 1, 2, 3, 29 |
| Active participation and quality of interventions in class, tutoring, debates and discussions different from that carried out in seminars / practices | 0-10% | 4 | 0.16 | 1, 2, 3, 4, 5, 6, 7, 8, 29 |
| Written Exam - Partial Exam (optional at the discretion of the teachers of each group) | 0-25% | 2 | 0.08 | 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 |
Evaluation
The competences of these subjects will be evaluated continuously through the following activities:
- Final Exam to be carried out on the date officially indicated by the Academic Secretary. It will account for 50% of the final grade. The teaching team corresponding to each of the groups must indicate the format of this test, which in any case will be by examination (which can be divided into two parts, with 25% each).
- A minimum of two assessment activities with a minimum weight in the grade of the remaining 50%. 30% corresponds to the evaluation of the practical activities carried out in the seminar and 20% to the evaluation of other activities. For these purposes, in each of the groups of this subject, the respective teaching team must determine the evaluation activities. Examples of these possible activities, just to name a few, are: practical cases, reports, reviews, legal writings, opinions, preparation of research papers, reviews, book criticism, jurisprudence files, regulations, videos or films , or develop projects, among other activities. The selected activities can be carried out, as decided by the teaching team, individually or in groups.
- At the beginning of the course, the teaching team of each group will present the program of the subject foreseen in this guide, explaining the topics that will be discussed. In this way, it will also present the schedule of teaching activities (theory and seminars), specify the continuous evaluation system that it has selected and establish the percentage assigned to each of the selected activities and its date of completion, as well as the system for re-evaluation of the suspended activities. The reevaluation can only be carried out if the student has followed the continuous evaluation. Such indications will be exposed in the virtual campus/Moodle.
- Within these activities to be evaluated, the teaching team will also be able to assess attendance and participation in class. It is about active participation throughout the course, of quality, legally based,adequate and relevant to the topics covered, and different from that carried out in the seminar / practical classes. In this case, the teaching team of each group will determine the corresponding percentage.
- Students who copy or attempt to copy on a final exam will have a 0 on the exam. Students who present a practice in which there is plagiarism will obtain a 0 and receive a warning. In case of repetition of the conduct, the student will suspend the subject.
- Students will be assessable as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade for the subject. If the value of the activities carried out does not reach this threshold, the subject teacher may consider the student as not assessable.
- To pass the subject, students must achieve a minimum grade in the final overall test (5 points out of 10). In this case, if this minimum grade is not reached, the subject will be suspended. A minimum grade is not required to appear for the revaluation.
- Unique assessment. The teaching team of each group will establish the system and the unique assessment activities that will be applicable to the students who have requested and been granted this system. In any case, there will be a final exam, in which the delivery of other writings and activities can be added (50% corresponds to the evaluation of the final exam, 30% corresponds to the evaluation of the practical activities and 20% to the evaluation of other activities). Students who have taken the single assessment will only be entitled to the reassessment if they have obtained a grade equal to or higher than 3.5 points out of 10.
- Restricted use of AI. For this subject, the use of Artificial Intelligence (AI) technologies is permitted exclusively in support tasks, such as bibliographic or information research, text correction or translations. The student must clearly identify which parts have been generated with this technology, specify the tools used and include a critical reflection on how these have influenced the process and the result of the activity. The lack of transparency in the use of AI in this assessable activity will be considered a lack of academic honesty and may lead to a partial or total penalty in the grade of the activity, or greater sanctions in serious cases.
- In the event that the student copies, commits plagiarism or is discovered with a prohibited device in an evaluation test, the teaching staff will grade it with a 0 in this evaluation act, and will notify the Dean of the Faculty by presenting a report on the circumstances and evidence of the event that occurred to request the opening of a possible disciplinary file against the student. This assessment activity will not be recoverable. In the event that there is more than one irregularity in the evaluation acts of the same subject, the final grade of this subject is 0.
Bibliography
* ÁLVAREZ CONDE, Enrique - TUR AUSINA, Rosario, Curso de Derecho Constitucional, 2 vols, Tecnos, Madrid.
* ARAGÓN REYES, Manuel - AGUADO RENERO, César (ed.) Temas básicos de Derecho Constitucional, Civitas, Madrid.
* APARICIO PÉREZ, Miguel Angel. (dir.)- BARCELÓ, Merce., Manual de Derecho Constitucional, Atelier, Barcelona.
* BALAGUER CALLEJÓN, Francisco (y otros) Derecho Constitucional, 2 vols., Tecnos. Madrid.
* FOSSAS, Enric.- PÉREZ FRANCESC, Joan Lluís, Lliçons de Dret Constitucional, Proa, Barcelona.
* LÓPEZ GUERRA, Luis y otro, Derecho Constitucional, Tirant lo blanch, Valencia. (https://cataleg.uab.cat/iii/encore/record/C__Rb2042858__SLuis%20L%C3%B3pez%20Guerra%2C%20Derecho%20Constitucional__Orightresult__U__X2?lang=cat&suite=def#courseReservesSection)
* MOLAS, Isidre. Derecho Constitucional, Tecnos. Madrid.
* PÉREZ ROYO, Javier. Curso de Derecho Constitucional, Marcial Pons, Madrid.
* CARRERAS SERRA, Francesc de - GAVARA, Juan Carlos Leyes políticas, Aranzadi, Pamplona.
* ALBERTÍ, Enoch - GONZALEZ,Markus Leyes políticas del Estado, Civitas, Madrid.
* CASAS BAAMONDE, Maria Emilia- RODRIGUEZ-PIÑERO, Miguel, Comentarios a la Constitución, Wolkers Kluwer, 2008
* GARRIDO FALLA, Fernando (dir.) Comentarios a la Constitución. Civitas, Madrid.
* ALZAGA VILLAAMIL, Oscar, Comentarios a la Constitución Española Edersa, Madrid.
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
The subjec does not require any specific software
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 | second semester | morning-mixed |
| (TE) Theory | 2 | Catalan | second semester | morning-mixed |
| (TE) Theory | 3 | Spanish | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 11 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 12 | Spanish | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 13 | Spanish | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 21 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 22 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 23 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 31 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 32 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 33 | Spanish | second semester | morning-mixed |
| (TE) Theory | 51 | Catalan | second semester | afternoon |
| (TE) Theory | 70 | Spanish | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 511 | Catalan | second semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 512 | Catalan | second semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 701 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 702 | Spanish | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 703 | Spanish | second semester | morning-mixed |