As we know, law, as a normative whole, is not the result of a sum of legal norms without further ado, but is integrated by a basic rationality that binds all these elements together. In constitutional states, the Constitution is the regulation that gives the corresponding system its internal coherence and meaning. In short, the legal system, which is quantitatively unmanageable, qualitatively arise from, at each historical moment, certain fundamental, basic principles, that are fundamental, basic, and which bind its content and prevent its chaotic dilution. These principles, in constitutional states, are enshrined in their respective Constitutions, which give unity and coherence to the specific legal system which they precede and which derives its validity from them.
For these reasons, it is necessary to incorporate the independent study of the Constitution and constitutional theory in any law degree curriculum. The analysis of the meaning and structure of the constitutional state is essential for students -and future professionals- of any legal degree.
Constitutional Law is taught in two subjects: Constitutional Law I and Constitutional Law II. The latter analyses rights and their guarantees. The following explains why the analysis of these contents is essential when talking about Constitutional Law.
The exclusively formal understanding of the concept of the Constitution, whereby the Constitution is defined as the supreme source of the legal order from which it derives its validity, is not sufficient to ensure the basic purpose of any constitutional text. The Constitution is not just a norm that is distinguished from the others that make up the legal system simply by its higher rank.
In other words, the Constitution is first and foremost a democratic legal norm whose teleological element consists of guaranteeing the freedom of citizens and, therefore, it does not seem a mistake to say that the Constitution is not so much identified in terms of the matters it regulates as in terms of the function it is inevitably called upon to perform. In this respect, it is essential to study in depth the recognition and protection of rights in our constitutional text.
| Course competences | |
|---|---|
| Code | Description |
| E02 | To understand the systematic nature of the legal system and the interdisciplinary nature of legal problems. |
| E04 | Ability to search, identify and use legal sources (legal, jurisprudential and doctrinal). |
| E08 | Work on dialogue, debate, argumentation and the proposal of reasonable solutions in different contexts. |
| Course learning outcomes | |
|---|---|
| Description | |
| To resolve practical cases related to fundamental rights in the Spanish constitutional system. | |
| To be able to comment on and analyse classical texts, Theory of the State and the Constitution. | |
| Additional outcomes | |
| Not established. |
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Unit 1: Theme 1: SPANISH AND EUROPEAN CITIZENSHIP. FREEDOM AND SOCIAL STATE
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Unit 2: Theme 2: STATUS OF THE FOREIGN CITIZEN AND THE RIGHT OF ASYLUM
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Unit 3: Theme 3: FUNDAMENTAL RIGHTS AND THEIR ESSENTIAL CONTENT
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Unit 4: Theme 4: PRINCIPLE OF EQUALITY AND NON-DISCRIMINATION
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Unit 5: Theme 5: INDIVIDUAL FREEDOMS
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Unit 6: Theme 6: RIGHTS OF POLITICAL PARTICIPATION
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Unit 7: Theme 7: SOCIAL RIGHTS
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Unit 8: Theme 8: NATIONAL AND SUPRANATIONAL GUARANTEES OF RIGHTS
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Unit 9: Theme 9: SUSPENSION OF RIGHTS
| Training Activity | Methodology | Related Competences (only degrees before RD 822/2021) | ECTS | Hours | As | Com | Description | |
| Class Attendance (theory) [ON-SITE] | Lectures | 0.8 | 20 | Y | N | The central axis of this teaching is the explanation by the professor of the fundamental points of the subject, their logical understanding and a special attention to the questions that may pose the most difficult issues. | ||
| Class Attendance (practical) [ON-SITE] | Problem solving and exercises | 0.5 | 12.5 | Y | Y | In this heading are included a variety of activities whose aim is to use the acquired knowledge, in other words, the application of the theoretical content to a specific case or problem, either in relation to normative documents, or in relation to doctrinal documents | ||
| Individual tutoring sessions [ON-SITE] | 0.42 | 10.5 | Y | N | Students can ask the professor any doubt related to the subject. | |||
| Final test [ON-SITE] | Assessment tests | G14 | 0.08 | 2 | Y | Y | ||
| Study and Exam Preparation [OFF-SITE] | Self-study | E02 | 4.2 | 105 | Y | N | We refer to study or work time spent to prepare the final test and the other activities that are carried out during the course. | |
| Total: | 6 | 150 | ||||||
| Total credits of in-class work: 1.8 | Total class time hours: 45 | |||||||
| Total credits of out of class work: 4.2 | Total hours of out of class work: 105 | |||||||
As: Assessable training activity Com: Training activity of compulsory overcoming (It will be essential to overcome both continuous and non-continuous assessment).
| Evaluation System | Continuous assessment | Non-continuous evaluation * | Description |
| Assessment of problem solving and/or case studies | 30.00% | 30.00% | Compulsory and recoverable |
| Final test | 70.00% | 70.00% | Compulsory and recoverable |
| Total: | 100.00% | 100.00% |
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Continuous assessment: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:Students who opt for the non-continuous assessment system have the right to sit the exam on ordinary and extraordinary calls. The exam will include a theoretical part and a practical part. The theoretical part will account for the 70% of the total grade and the practical part will account for 30% of the total grade.
The 30% of the marl corresponding to the resolution of problems or cases is obtained form a practical test that takes place on the same day as the final exam.
However, throughout the semester, the student will have carried out practical exercises that will help him/her to face the final practical exercise.
| Not related to the syllabus/contents | |
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| Hours | hours |
| Unit 1 (de 9): Theme 1: SPANISH AND EUROPEAN CITIZENSHIP. FREEDOM AND SOCIAL STATE | |
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| Comment: The course calendar will be published on Campus Virtual at the beginning of the semester. |