Qualification: Degree in Political and Administration Sciences
Year: 1st
Term: 2nd
Number of ECTS credits: 4 credits
Hours of student dedication: 100
Teaching language: Spanish / Catalan
1. Introduction to the course
This course consists in the study of the basic theoretical concepts related to the constitution and how they are projected onto the principals and institutions of the State set up by the Spanish Constitution of 1978, the institutional and territorial organisation of the State, the system of sources of rights and the system for the constitutional protection of fundamental rights and liberties.
At the end of the course students must know the legal significance of the concept of a constitution and the context within which the definition of the State as democratic, social and based on the rule of law is defined. Similarly, students must know the main institutions that exercise public power and the sources of rights at the European, State and Autonomous Community levels. Students must also understand the relationships between the different legal systems. Finally, students must know the basic notions related to the constitutional protection of fundamental rights and how they fit into the international systems for the protection of human rights. To be able to follow the course, students must develop competences related to the ability to understand and analyse historical and current constitutional texts, constitutional jurisprudence and doctrinal articles. In addition, they must also develop the ability to apply constitutional argumentative structures to the resolution of conflicts and institutional critiques.
2. Competencies to be achieved
Generic competences:
Instrumental
•- Decision making
Interpersonal
•- Critical and self critical capacity
•- Interpersonal abilities
Specific competences:
•- Recognise the legal framework in which Public Administrations act. This competence requires the understanding of current norms that affect the work and different activities of Public Administrations.
Subject specific knowledge (knowledge):
•- Knowledge of the institutions and regulatory rules that establish the organisation and work of Public Administration.
Professional knowledge (know-how):
•- Use of legal sources
•- Understanding legal texts and the consequences that these bring.
Specifically:
•- Knowledge and analysis of basic concepts in constitutional theory. Understanding the concept of constitutional supremacy, its guarantees and its application in the Spanish constitutional system.
•- Knowledge and analysis of basic concepts on the system of sources of law.
•- Understanding and analysis of the relationships between different types of rules within a legal system, and the interrelation between different legal systems (State, Autonomous Community and Communitarian).
•- Knowledge and analysis of the institutional organisation of the Spanish State and its system of territorial organisation.
•- Understanding and analysis of the system for the constitutional protection of fundamental rights and liberties. International and regional systems for the protection of human rights.
3. Contents
- Topic 1: The Constitution as the supreme rule and its guarantees.
- Topic 2: The Constitutional Tribunal.
- Topic 3: The organisation of public power.
- Topic 4: The State of Autonomous Communities
- Topic 5: Fundamental rights
4. Assessment
The competences developed by students will be assessed by way of a final test where students must prove they have acquired sufficient knowledge to pass the course. In the final test, student will have to demonstrate their knowledge, ability to analyse the basic concepts of constitutional theory, the organisation of public power, sources of rights and the system for the constitutional protection of fundamental rights and liberties.
The planned activities for the subgroups will be the object of continuous evaluation with students having to hand in the work done at the end of the session. Participation in class will also be assessed. The work will consist of pieces of written work, different exercises and oral presentations. During such activities, in addition to the specific and instrumental competences for the course set out above, students must demonstrate their ability to organise, plan and manage information, critical thinking, ability to work in an international context, autonomous learning and an awareness towards the issues in our socio-political reality that can be analysed using the concepts studied.
The final test will count for 60% of the final mark. Continuous evaluation of the activities carried out in the subgroups will count for 40% of the final mark. Students must get at least a 4.5 (out of 10) in their final exam for the continuous evaluation mark to count towards the final grade. To pass the course, the final weighted average mark must come to at least a 5 (out of 10).
5. Readings and resources
5.1. Basic reading
BARCELÓ, M and VINTRÓ, J (coord.), Dret Públic de Catalunya, Atelier, Barcelona, 2008.
FOSSAS I ESPADALER, E.; PÉREZ FRANCESCH, J. L., Lliçons de dret constitucional, Biblioteca Universitària Enciclopèdia Catalana, Barcelona, 2001.
JIMÉNEZ ASENSIO, R., El constitucionalismo. Proceso de formación y fundamentos del Derecho Constitucional, Marcial Pons, Barcelona, 2005.
LÓPEZ GUERRA, G. et al., Derecho constitucional. 2 vol.: Vol. I: Fuentes y derechos; Vol. II: Poderes del Estado y organización territorial, Tirant lo Blanch, València, 2003.
5.2. Complementary Reading
AJA, E., Las tensiones entre el Tribunal Constitucional y el Legislador en la Europa Actual, Ariel, 1998, p. XI-XXX.
APARICIO, M.A. and BARCELÓ, M. (coord.), Manual de Derecho Constitucional, Atelier, Barcelona, 2009.
BRYCE, J., Constituciones flexibles y Constituciones Rígidas, Centro de Estudios Constitucionales, Madrid, 1988.
DÍEZ-PICAZO, L.M., "Reflexiones sobre la idea de Constitución europea" Revista de Instituciones Europeas, n.20, 1993.
-"Soberanía" a Constitucionalismo de la Unión Europea. Civitas, Madrid, 2002, p. 111-137.
DE OTTO, I., Derecho Constitucional, Ariel, Barcelona, 1998.
DE WITTE, B., "Sovereignty and European Integration: The Weight of LegalTradition" in SLAUGHTER, STONE SWEET, WEILER: The European Courts and National Courts, Hart, Oxford, 2003.
JIMÉNEZ ASENSIO, R., La Ley autonómica en el sistema constitucional de fuentes del derecho, Marcial Pons, Barcelona, 2001.
LASAGABASTER HERRARTE, I., Fuentes del Derecho, IVAP, Bilbao, 2007.
MANGAS MARTÍN, A. and LIÑÁN NOGUERAS, D. J., Instituciones y Derecho de la
Unión Europea, Tecnos, Madrid, 2004.
ORTEGA ÁLVAREZ, L et al.: Legislación básica y Estatutos de Autonomía, Centro de Estudios Políticos y Constitucionales, Madrid, 2006.
5.2. Educational resources
Constitutional law Webpage of the Department of Law (UPF).
6. Methodology
To meet the learning objectives students must, having first prepared himself/herself using the contents of the different materials set, assist and actively participate in all sessions. It is fundamental that students develop their capacity to understand the texts and ability to argue about the topics covered in the course.
The learning methodology used will combine classroom based work (in large group and sub groups) and activities that students must do outside the classroom (either guided or autonomously). The planned activities for this course are the following:
Classroom based work
Large group classes: students are required to follow the presentation and actively participate by asking questions and in debates. Propose any doubts, based on the readings, arising from students' class preparation. They must also demonstrate the understanding of the concepts.
Activities in subgroups: students must develop the set activities and take part in discussions based on the materials set and resolve practical cases. They must also demonstrate the capacity to be critical and analytical.
Final test: demonstrate the acquisition of the required competences.
Hours of guided work:
In large group classes: Students must prepare the readings to help them understand class contents and critically reflect on the readings and concepts covered.
In activities in subgroups: students must prepare for the set activities by researching and reading legal, jurisprudent and doctrinal texts and resolving practical cases. Students should also prepare any specific doubts to do with the activity.
Hours of autonomous work
Students are required to study and understand the readings set and all the concepts analysed. Students must also develop their ability to be critical by applying analytical and argumentative structures to the socio-political reality.
7. Programme of activities
Week 1: Session 1. The constitution as the supreme norm and its guarantees. Reading and analysis of material.
Week 2: Session 1. The constitution as the supreme norm and its guarantees: Practical session 1. Reading and analysing materials, and preparing for the practical session 1.
Week 3: Session 1. The constitutional tribunal: practical session 1. Reading and analysing materials, and preparing for the practical session 1.
Week 4: Session 1. The organisation of public power: practical session 1-2. Reading and analysing materials, and preparing for the practical session 1-2.
Week 5: Session 1. The organisation of public power: practical session 2. Reading and analysing materials, and preparing for the practical session 2.
Week 6: Session 1. Autonomous Community State: practical session 2. Reading and analysing materials, and preparing for the practical session 2.
Week 7: Session 1. Fundamental rights. Reading and analysing materials, and preparing for the practical session 3.
Week 8: Practical session 3. Preparation for practical session 3.
Week 9: Practical session 3. Preparation for practical session 3.