Degree | Type | Year | Semester |
---|---|---|---|
2500786 Law | OB | 1 | 2 |
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.
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.
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.- 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. - The distribution of competences between the autonomous communities and the State. - The relations between the State and the autonomous communities.
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.
Title | Hours | ECTS | Learning Outcomes |
---|---|---|---|
Type: Directed | |||
Discussion and resolution of practices, text comments, debates and seminars | 22.5 | 0.9 | 21, 1, 2, 5, 20, 3, 4, 14, 13, 15, 19, 8, 7, 18, 10, 11, 6, 12 |
Practical classes | 4 | 0.16 | 21, 1, 2, 5, 20, 3, 4, 14, 13, 15, 19, 8, 7, 10, 11, 6, 12, 23 |
Theoretical classes | 18.5 | 0.74 | 21, 1, 2, 5, 20, 3, 4, 14, 13, 15, 19, 8, 10, 11, 12 |
Type: Autonomous | |||
To study. Writing of works. Reading of texts. Search of documents and bibliography | 65 | 2.6 | 21, 1, 2, 5, 20, 3, 4, 14, 13, 15, 19, 8, 7, 10, 11, 6, 12, 23 |
Evaluation
The competences of these subjects may be evaluated through: (1) exams; (2) the preparation of works whose presentation may be oral or in writing at the teacher's discretion; (3) resolution of practical activities or cases and (4) active class participation.
The evaluation system will take into account:
The coordinating teacher of each group at the beginning of the course will present the program of the subject provided in this guide, indicating the topics to be touched on. It will also present the schedule of teaching and practical activities, and will specify the continuous evaluation system and set the percentage assigned to each of the selected activities, as well as the re-evaluation system for 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.
A student who cheats or try to cheat an exam will have a 0 as a mark. A Student who submits a paper o practical in which there is evidence of plagiarism will have a 0 as a mark and will receive a warning. In case of repetition, the students will fail the subject.
Title | Weighting | Hours | ECTS | Learning Outcomes |
---|---|---|---|---|
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 | 21, 1, 2, 5, 3, 4, 14, 13, 17, 15, 9, 19, 22, 8, 7, 18, 10, 11, 6, 12, 23 |
Preparation of recensions, reviews, book reviews, case, regulations, videos or movies files | 0-10 | 7 | 0.28 | 21, 1, 2, 5, 20, 3, 4, 14, 13, 15, 19, 8, 7, 18, 10, 11, 6, 12, 23 |
Realization individual or group practices: Continuous evaluation | 20-40% | 15 | 0.6 | 21, 1, 2, 5, 20, 3, 4, 14, 13, 15, 19, 8, 7, 18, 10, 11, 6, 12, 23 |
Realization of Individual or group course work on a topic related to the subject and assigned by the teacher's team (and the possible public presentation) | 10-30% | 10 | 0.4 | 21, 1, 2, 5, 20, 3, 4, 14, 13, 15, 19, 8, 7, 18, 10, 11, 6, 12, 23 |
Written Exam - Partial Exam (optional at the discretion of the teachers of each group) | 0-25% | 2 | 0.08 | 21, 1, 2, 5, 20, 3, 4, 14, 13, 15, 19, 8, 10, 11, 12 |
Written exam - Final Exam | 0-50% | 2 | 0.08 | 21, 1, 2, 5, 20, 3, 4, 14, 13, 16, 17, 15, 19, 8, 10, 11, 12 |
* ÁLVAREZ CONDE, Enrique Curso de Derecho Constitucional, 2 vols, Tecnos, Madrid.
* ARAGÓN REYES, Manuel (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.
* MOLAS, Isidre. Derecho Constitucional, Tecnos. Madrid.
* PÉREZ ROYO, Javier. Curso de Derecho Constitucional, Marcial Pons, Madrid.