Guías Docentes Electrónicas
1. General information
Course:
CONSTITUTIONAL LAW I
Code:
35303
Type:
BASIC
ECTS credits:
9
Degree:
334 - UNDERGRADUATE DEGREE PROGRAMME IN LAW
Academic year:
2022-23
Center:
3 - FACULTY OF LAW OF ALBACETE
Group(s):
10  11  16 
Year:
1
Duration:
AN
Main language:
Spanish
Second language:
Use of additional languages:
English Friendly:
Y
Web site:
Bilingual:
N
Lecturer: ROSA LUCIA BELLO JUBANY - Group(s): 11 
Building/Office
Department
Phone number
Email
Office hours
CIENCIA JURÍDICA Y DERECHO PÚBLICO
RosaLucia.Bello@uclm.es

Lecturer: JUAN CARLOS DÍAZ GARCÍA - Group(s): 10  11 
Building/Office
Department
Phone number
Email
Office hours
Facultad de Derecho/1.08
CIENCIA JURÍDICA Y DERECHO PÚBLICO
2157
JuanCarlos.Diaz@uclm.es

Lecturer: JOSE LUIS GARCIA GUERRERO - Group(s): 10 
Building/Office
Department
Phone number
Email
Office hours
Facultad de Derecho de Albacete /1.07
CIENCIA JURÍDICA Y DERECHO PÚBLICO
Teléfono ext. 2115
joseluis.gguerrero@uclm.es

Lecturer: CARLOS MARCO MARCO ATIENZA - Group(s): 11 
Building/Office
Department
Phone number
Email
Office hours
Facultad de Derecho. Despacho 1.14
CIENCIA JURÍDICA Y DERECHO PÚBLICO
CarlosMarco.Marco@uclm.es

Lecturer: MARCOS FRANCISCO MASSO GARROTE - Group(s): 16 
Building/Office
Department
Phone number
Email
Office hours
Facultad de Derecho de Albacete/1.02
CIENCIA JURÍDICA Y DERECHO PÚBLICO
Teléfono ext. 2156
marcos.masso@uclm.es

Lecturer: MARIA MERCEDES SERRANO PEREZ - Group(s): 10  16 
Building/Office
Department
Phone number
Email
Office hours
Facultad de Derecho Albacete/1.09
CIENCIA JURÍDICA Y DERECHO PÚBLICO
Teléfono ext. 2158
mercedes.serrano@uclm.es

2. Pre-Requisites
Not established
3. Justification in the curriculum, relation to other subjects and to the profession

Constitutional law explains the organisation of society and the restriction of freedom based on the democratic legitimacy of the exercise of power, the result of the pactum societatis. This is the legal-political organisation of the State and the emergence of law for the peaceful resolution of conflicts. Like this, it is formed the basis for all other subjects of the law degree curriculum in any democratic society.

The aim is to make the student understand the pactum societatis that the Spanish Constitution of 1978 signified in the process of political transition that elaborated the fundamental norm. To understand its insertion in the framework of a globalised constitutional law, based on the American and, after the Second World War, European experience. To understand the meaning of the values and principles on which the system is based and which are projected onto the whole of Law. Analyse the different legal sources of the European legal system, which implies understanding the interrelationship between the different legal systems and sub-systems. The European legal system is probably the most complex legal system that we have ever known.

The knowledge of the rule of law, the different sources of law, the main constitutional institutions and bodies and their relations with each other, completes a study on which, in a democratic State, the other subjects and the practice of the different professions are necessarily based.


4. Degree competences achieved in this course
Course competences
Code Description
E02 To understand the systematic nature of the legal system and the interdisciplinary nature of legal problems.
E07 To critically analyze the legal system that allows the identification of the social values underlying the legal norms and principles.
E13 Solve problems arising from the application of general principles of law and legal norms to factual situations.
E18 To be able to critically evaluate the framework within which State action is carried out and public policies are defined and implemented.
G05 Commitment to the culture of peace, democratic values, human rights and the principles of equal opportunity, non-discrimination and universal accessibility for persons with disabilities, as well as gender issues.
G14 Ability to apply knowledge to practice.
5. Objectives or Learning Outcomes
Course learning outcomes
Description
To work on subjects related to the Theory of the State and the Constitution, as well as historical constitutionalism and the basic principles of the Spanish constitutional system in a comparative context.
To use constitutional principles and values as a working tool in the interpretation of the legal system; specifically, with the in-depth study of fundamental rights and public freedoms.
To resolve practical cases regarding the powers and functions of the State as well as its territorial organisation.
To be able to comment on and analyse classical texts, Theory of the State and the Constitution.
Additional outcomes
Not established.
6. Units / Contents
  • Unit 1: The idea of the Constitution throughout history. The constitutional state. Constituent power. Constitutional supremacy
  • Unit 2: Constitutional models
  • Unit 3: The European Union and its constitutional dimension.
  • Unit 4: The Spanish Constitution of 1978. The elements of the State: territory, people, political power and law. Constitutional principles. The constitutional reform.
  • Unit 5: The Rule of Law
  • Unit 6: The sources of Law. The Constitution as a norm. International Treaties
  • Unit 7: The sources of Law. Organic laws and ordinary laws. Decree-laws and legislative decrees.
  • Unit 8: Sources of Law. Regulations. The administrative act.
  • Unit 9: The sources of European Union Law. The primacy and direct effect of European Law.
  • Unit 10: Effective judicial protection. The principle of legality.
  • Unit 11: The control of constitutionality. The Constitutional Court. Constitutional interpretation and jurisprudence.
  • Unit 12: The judicial guarantee of European law. The Court of Justice of Luxembourg
  • Unit 13: The law of the international community. The International Criminal Court.
  • Unit 14: Parliamentary democracy as a form of government.
  • Unit 15: National sovereignty.
  • Unit 16: Sovereignty and European integration
  • Unit 17: The division of powers. Constitutional bodies. Territorial division of power: the State of the Autonomous Communities
  • Unit 18: The Legislative Power. The Cortes Generales and their powers. The Autonomous Parliaments.
  • Unit 19: The legislative power of the institutions of the European Union: Commission, Council and European Parliament
  • Unit 20: The Executive Power. The Government. The autonomous governments
  • Unit 21: Public Administration.
  • Unit 22: The executive power of the European Union: the European Council
  • Unit 23: The Judiciary. The Public Prosecutor.
  • Unit 24: Political parties.
  • Unit 25: The institutions of direct democracy.
7. Activities, Units/Modules and Methodology
Training Activity Methodology Related Competences (only degrees before RD 822/2021) ECTS Hours As Com Description
Class Attendance (theory) [ON-SITE] Lectures 1.72 43 Y N
Writing of reports or projects [OFF-SITE] 0.6 15 Y N
Class Attendance (practical) [ON-SITE] Problem solving and exercises 0.35 8.75 Y N
Individual tutoring sessions [ON-SITE] E13 0.43 10.75 N N
Study and Exam Preparation [OFF-SITE] Self-study E02 5.7 142.5 N N
Progress test [ON-SITE] Assessment tests G14 0.1 2.5 Y N
Final test [ON-SITE] Assessment tests G14 0.1 2.5 Y Y
Total: 9 225
Total credits of in-class work: 2.7 Total class time hours: 67.5
Total credits of out of class work: 6.3 Total hours of out of class work: 157.5

As: Assessable training activity
Com: Training activity of compulsory overcoming (It will be essential to overcome both continuous and non-continuous assessment).

8. Evaluation criteria and Grading System
Evaluation System Continuous assessment Non-continuous evaluation * Description
Final test 70.00% 70.00%
Assessment of problem solving and/or case studies 30.00% 30.00%
Total: 100.00% 100.00%  
According to art. 4 of the UCLM Student Evaluation Regulations, it must be provided to students who cannot regularly attend face-to-face training activities the passing of the subject, having the right (art. 12.2) to be globally graded, in 2 annual calls per subject , an ordinary and an extraordinary one (evaluating 100% of the competences).

Evaluation criteria for the final exam:
  • Continuous assessment:
    The student will have the possibility of passing the subject by means of continuous assessment in the following way:
    -It will be possible to pass in January, and eliminate if passed, the part of the subject corresponding to the first semester.
    -Active participation in class will be positively valued.
    The grade of the part passed in January will be kept for both the ordinary and extraordinary exams.
    Therefore, in the ordinary call:
    -Students who have eliminated the part of the subject corresponding to the first semester will only be able to take the exam corresponding to the second semester.
    -Those who have not used the continuous assessment system, or who have not passed the part corresponding to the first semester in January, must take the exam for the whole subject.
    -Students who take the continuous assessment system and have passed the January part must sit the exam in the ordinary exam session.
    If they do not do that, they will lose the right to maintain the grade of the first exam in the extraordinary exam.
    Regarding the evaluation system, the average will be made according to the Evaluation normative.
    The Professor will take into account the student¿s participation in class. The 30% of the mark corresponding to the resolution of problems or cases is obtained from a practical test that takes place on the same day as the final theoretical test.
    Nevertheless, the student will have carried out practical exercises throughout the semester that will help him/her to face the final practical test.
  • Non-continuous evaluation:
    Those who have not used the continuous assessment system, or who have not passed the part corresponding to the first semester in January, must take the exam for the whole subject.

Specifications for the resit/retake exam:
In the extraordinary call:
-Students who have eliminated the part of the subject corresponding to the first semester will only be able to take the exam corresponding to the second semester.
-Those who have not used the continuous assessment system, or who have not passed the part corresponding to the first semester in January, must take the exam for the whole subject.
Regarding the evaluation system, the average will be made according to the Evaluation normative.

The Professor will take into account the student¿s participation in class. The 30% of the mark corresponding to the resolution of problems or cases is obtained from a practical test that takes place on the same day as the final theoretical test.
Nevertheless, the student will have carried out practical exercises throughout the semester that will help him/her to face the final practical test.
Specifications for the second resit / retake exam:
The 30% of the mark corresponding to the resolution of problems or cases is obtained from a practical test that takes place on the same day as the final theoretical test that is held on the same day as the final exam. In the special final examination, no passing marks obtained in the continuous assessment system will be retained. The student will have to take the exam for the whole subject.
9. Assignments, course calendar and important dates
Not related to the syllabus/contents
Hours hours

Unit 1 (de 25): The idea of the Constitution throughout history. The constitutional state. Constituent power. Constitutional supremacy
Teaching period: 1 semana

Unit 2 (de 25): Constitutional models
Teaching period: 1 semana

Unit 3 (de 25): The European Union and its constitutional dimension.
Teaching period: 1 semana

Unit 4 (de 25): The Spanish Constitution of 1978. The elements of the State: territory, people, political power and law. Constitutional principles. The constitutional reform.
Teaching period: 1 semana

Unit 5 (de 25): The Rule of Law
Teaching period: 1 semana

Unit 6 (de 25): The sources of Law. The Constitution as a norm. International Treaties
Teaching period: 1 semana

Unit 7 (de 25): The sources of Law. Organic laws and ordinary laws. Decree-laws and legislative decrees.
Teaching period: 1 semana

Unit 8 (de 25): Sources of Law. Regulations. The administrative act.
Teaching period: 1 semana

Unit 9 (de 25): The sources of European Union Law. The primacy and direct effect of European Law.
Teaching period: 1 semana

Unit 10 (de 25): Effective judicial protection. The principle of legality.
Teaching period: 1 semana

Unit 11 (de 25): The control of constitutionality. The Constitutional Court. Constitutional interpretation and jurisprudence.
Teaching period: 1 semana

Unit 12 (de 25): The judicial guarantee of European law. The Court of Justice of Luxembourg
Teaching period: 1 semana

Unit 13 (de 25): The law of the international community. The International Criminal Court.
Teaching period: 1 semana

Unit 14 (de 25): Parliamentary democracy as a form of government.
Teaching period: 1 semana

Unit 15 (de 25): National sovereignty.
Teaching period: 1 semana

Unit 16 (de 25): Sovereignty and European integration
Teaching period: 1 semana

Unit 17 (de 25): The division of powers. Constitutional bodies. Territorial division of power: the State of the Autonomous Communities
Teaching period: 1 semana

Unit 18 (de 25): The Legislative Power. The Cortes Generales and their powers. The Autonomous Parliaments.
Teaching period: 1 semana

Unit 19 (de 25): The legislative power of the institutions of the European Union: Commission, Council and European Parliament
Teaching period: 1 semana

Unit 20 (de 25): The Executive Power. The Government. The autonomous governments
Teaching period: 1 semana

Unit 21 (de 25): Public Administration.
Teaching period: 1 semana

Unit 22 (de 25): The executive power of the European Union: the European Council
Teaching period: 1 semana

Unit 23 (de 25): The Judiciary. The Public Prosecutor.
Teaching period: 1 semana

Unit 24 (de 25): Political parties.
Teaching period: 1 semana

Unit 25 (de 25): The institutions of direct democracy.
Teaching period: 1 semana

10. Bibliography and Sources
Author(s) Title Book/Journal Citv Publishing house ISBN Year Description Link Catálogo biblioteca
OTROS MATERIALES RECOMENDADOS EN CLASE  
 
 
 
 
CÓDIGO DE LEYES POLÍTICAS  
JURISPRUDENCIA DEL TRIBUNAL CONSTITUCIONAL, DEL TEDH Y DEL TJUE  
Diego López Garrido y otros Lecciones de Derecho Constitucional de España y de la Unión Europea. Volumen 1 Manual de la asignatura Valencia Tirant lo Blanch  



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