Infopaket

Constitutional Law

ННД.14

Обов’язкова дисципліна для ОП

First

2023/2024

7 Semester

3

Ability to analyze and summarize the features of legal regulation, existing concepts, doctrines, positions of experts on issues that are the subject of the discipline, namely: forms of government and political and territorial organization of foreign countries, constitutional principles -legal status of parliament, head of the state, organization of executive power, organization and implementation of local self-government in foreign countries; apply the provisions of the constitution and analyze the constitutional practice of organization and exercise of state power, analyze current legislation and existing practice in terms of constitutional and legal theory; find out the influence of factors of political, economic, cultural and moral nature on the constitutional and legal norms and practice of foreign countries; identify modern challenges for the state of Ukraine in the context of the implementation of constitutionalism, taking into account the experience of foreign countries.

Students should have logical and analytical skills; skills of analysis of constitutional and legal phenomena, finding possible ways to solve legal problems based on the study of regulations, legal positions of the Constitutional Court of Ukraine, the European Court of Human Rights; understand, analyze and critically comprehend the essence and content of normative and scientific approaches to the subject of the discipline; offer specific options for solving the legal problems, formulate and inform the experts about their positions, ideas on topical issues of constitutional reform; take part in professional discussion while analyzing the need for conceptual renewal and justification of constitutional changes, interact with experts in various fields as for contradictions and gaps in the modernizing law.

Study the constitutional institute of the form of the state, the basic forms of government, the constitutional and legal aspect of the problem of changing the form of government; political-territorial structure of the state, federal form of political-territorial organization of the state, ways of delimitation of competence between levels of government in modern federal states of the world, the institution of autonomy in foreign countries; legal forms of the head of the state in foreign countries; features of legal regulation, legal status and prospects for the development of executive power in foreign countries; modern models of parliamentarism, basic principles of organization of foreign parliaments, external and internal structure of foreign parliaments, basic and additional competence of foreign parliaments, legislative process, basic forms of parliamentary control over executive bodies.

1. Barabash Y.G., Borislavskaya O.M., Wenger V.M., Kozyubra M.I., Lysenko O.M., Meleshevich A.A. / Constitutional law: ed. / For general. ed. E. Kozyubry. K .: Waite, 2021. 528 p. 2. Constitutional law of foreign countries: p-k / ed. N.V. Mishina, VO Mikhalova. - Kherson: OLDI-PLUS, 2019. 644 p. 3. Informal constitutionalism-II / VV Rechytsky. H .: LLC "Human Rights Publishing House", 2021. 440 p. 4. Chernyak E.V. Protection of the Constitution of Ukraine and the constitutions of foreign countries: constitutional and comparative analysis: monograph. Kyiv: Lira-K Publishing House, 2020. 592 p. 5. Shayo A. Constitution of freedom: an introduction to legal constitutionalism / A. Shayo, R. Witz; lane with English D.V. Sichinavy and EA Zakharova. M .: Inst. Of Law and Public. Politics, 2021. 580 p. 6. Gardbaum S. How Do and Should We Compare Constitutional Law // Comparing Comparative Law / ed. by S. Besson, L. Heckendorn, S. Jube. Zurich: Schulthess, 2017. P. 106 - 130.

Lectures and seminars based on the active application of Socrates method and Socratic dialogue, express survey, participation in discussions, reports, case studies, tests, essays, colloquium, tasks for the development of logical thinking, module tests.

Assessment methods - the type of work / activity of the applicant, which will assess the level of achievement of learning outcomes (testing, creative tasks, individual work, independent work, etc. and the minimum threshold after which a positive assessment is credited) - and evaluation criteria are communicated to applicants before beginning of the study of the discipline by a teacher who conducts seminars. At the ongoing and final performance evaluation are subject to assessment: the level of "Knowledge", "Understanding", "Application", "Analysis" / "Synthesis" / "Evaluation", demonstrated by the applicant. If the applicant is absent from the seminar for good reasons, he can work out the missed lesson at extracurricular time. Points are not awarded for missed classes. The maximum total number of points the applicant can score in the ongoing performance evaluation - 40, in the exam - 60.

Ukrainian