Academic Year/course:
2023/24
429 - Degree in Public Management and Administration
29000 - Basic principles of constitutional law
Syllabus Information
Academic year:
2023/24
Subject:
29000 - Basic principles of constitutional law
Faculty / School:
228 - Facultad de Empresa y Gestión Pública
Degree:
429 - Degree in Public Management and Administration
ECTS:
12.0
Year:
1
Semester:
Annual
Subject type:
Basic Education
Module:
---
1. General information
The subject Fundamentals of Constitutional Law aims to give an account of the normative qualities of the Constitution of 1978, of the singularities of Constitutional Law as Law, of its object that integrates the dualism State and Society, of its particular scientific methodology, as well as of the main tendencies and problems that afflict some of the most important institutions and instruments of political participation and integration. Its singularities distinguish it clearly from the rest of the legal disciplines, making it a kind of law common to the entire legal system, because in addition to the regulation of political organization and freedoms and rights (its traditional content and object), it has come to establish the common principles and values of the various branches of law; principles and values that descend from the Constitution and permeate all legal disciplines. Constitutional Law contemplates as a whole the relations between the citizen and his rights and the State and its powers, and precisely for this reason it is the bearer of the elements from on which the rest of the legal system is configured, legitimizes and organizes itself. The approaches of this subject are oriented towards the achievement of SDGs 3, 4, 5, 10 and 16.
2. Learning results
1. Knows how to explain the legal-political meaning of the Spanish Constitution of 1978 and clearly distinguish the normative functions it performs (ODS 4). 2. Identify and characterize the various legal means and procedures for the manifestation and expression of popular will (SDG 4). 3. Knows the uniqueness of the constitutional jurisdiction and distinguishes the procedures it handles (SDGs 4 and 16). 4. Is able to explain the content, limits and guarantees of the constitutionally proclaimed rights and freedoms (SDGs 3, 4, 5 and 10). 5. Distinguishes the functions of the Head of State and explains the legal-constitutional status of the Crown (SDGs 4 and 16). 6. Characterizes the parliamentary form of government adopted in the 1978 Constitution and distinguishes the organization and functions of Congress, the Senate and the Government (SDGs 4 and 16). 7. Identifies the basic principles of the territorial organization of the State and is able to explain the organization of the Autonomous Communities and the constitutional regime of distribution of competences (SDGs 4 and 16). 8. Knows how to search and organize the various normative sources according to the principles of hierarchy and competence, as well as the jurisprudential sources related to both legal-constitutional matters and the organization of powers, applying them to the resolution or channeling of legal-constitutional conflicts that arise on the matters covered by the subject (ODS 4).
3. Syllabus
Dogmatic Part (first four-month period)
Unit 1. Introduction to Constitutional Law.
Unit 2. Fundamental lines of Spanish constitutionalism.
Unit 3. Social State and Rule of Law.
Unit 4. Democratic State.
Unit 5. The constitutional system of sources of law.
Unit 6. The Constitutional Court.
Unit 7. Constitutional processes and the value of constitutional jurisprudence.
Unit 8. Fundamental rights. Effectiveness, limits, ownership, exercise and interpretation.
Unit 9. The guarantees of fundamental rights .
Unit 10. Systematic analysis of fundamental rights and freedoms.
Organic Part (second four-month period)
Unit 11. Introduction to the principle of division of powers.
Unit 12. The Crown as Head of State.
Unit 13. Nature, meaning, structure, composition and legal regime of the Cortes Generales. The legal status of the parliamentary .
Unit 14. Organization and functioning of the Cortes Generales.
Unit 15. The functions of the Cortes Generales.
Unit 16. The Government.
Unit 17. The Judiciary.
Unit 18. Basic principles of spatial planning of State.
Unit 19. The Autonomous State.
4. Academic activities
4.1. FACE-TO-FACE ACADEMIC ACTIVITIES
Master class: 60 hours (theoretical-practical sessions in which the contents of the course will be explained).
Practical exercises: 60 hours (problem solving and case studies, assignments and face-to-face tutorials).
Personal study and preparation of practical assignments: 172 hours.
Assessment tests. 8 hours.
4.2. VIRTUAL ACADEMIC ACTIVITIES
Synchronous and asynchronous activities: 30 hours (theoretical-practical sessions [videoconferences and/or learning pills] at where the contents of the course will be explained).
Distance learning activities: 30 hours (virtual network work or activities on the Moodle platform or online tutorials).
Personal study and preparation of practical assignments: 232 hours.
Assessment tests. 8 hours.
5. Assessment system
5.1. PRESENCE-BASED MODALITY
5.1.1. CONTINUOUS ON-SITE ASSESSMENT
A. Intermediate exams: consisting of 4 individual exams, 2 per term: 1 in the middle and another at the end of each four-month period (70%, a minimum of 5 out of 10 must be reached in each of them to release the theoretical material that is subject to evaluation). The modality and structure of these intermediate tests will be as follows:
- First four-month period: Oral modality in the terms that will be communicated at the beginning of the year. There will be 3 questions related to the corresponding content of the study of the dogmatic part of the Spanish Constitution of 1978.
- Second four-month period: They will be written and will consist of multiple choice and/or short answer questions, in addition to a developmental question. All of them related to the corresponding content of the study of the organic part of the Spanish Constitution of 1978.
B. Periodic theoretical-practical exercises: practical cases, reports, debates and critical analysis of documents and news of current events raised by the teaching staff and directly related to the content of the 1978 Constitution; through the delivery in writing in due time and form of the consequent works, with a minimum of 6 per four-month period (30%, 1'5 points out of 3).
5.1.2. GLOBAL ON-SITE ASSESSMENT: students who do not opt for continuous assessment, who do not pass the subject through continuous assessment or want to improve their grade, will have the right to take the global test, which will consist of a written exam consisting of multiple choice and/or short answer questions, plus a development question and a practical exercise of those solved during the course (100% of the grade [70% theory, 30% practice] having to obtain a minimum score of 5 out of 10 in the theoretical part of the exam to add the grade achieved in the practical exercise).
Assessment criteria: The knowledge acquired, the adequacy of the question-answer, the clarity and precision of the answers, the suitability of the arguments used, the capacity for synthesis and analysis, and the quality of oral or written expression , as appropriate, of reasoning and application of legal principles will be assessed.
5.2. VIRTUAL MODE
The evaluation system for the virtual modality is the same as for the face-to-face modality. The main difference lies in the fact that the intermediate continuous assessment tests will necessarily be carried out online, through ADD-Moodle, with the tools, tasks and questionnaires.