Infopaket

Modern Ukrainian constitutionalism: issues of theory and practice

ВБ.01.04.13

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

2

Students are able to generalize existing concepts and doctrines about the fundamental category of "constitutionalism", its essential significance, system-structural features on the example of types (models) of constitutionalism; understand the specifics of constitutional values and principles that form the basis of constitutionalism; to analyze current trends in the development of Ukrainian constitutionalism; to be guided in the practice of supreme (constitutional) courts, which reveal the substantive characteristics of constitutionalism.

Full-time form

Know the general approaches to understanding the concept of "constitutionalism", characterize the features of Ukrainian constitutionalism as a model within the European type of constitutionalism; analise the current state of development of constitutionalism as a fundamental concept in constitutional law, which must be revealed through the structure of constitutionally protected values and principles; Understand the peculiarities of various constitutions and constitutional acts that operate in modern democracies; analyze the practical aspects of the Constitution of Ukraine, its essential content through the interpretive activities of the Constitutional Court of Ukraine.

Within the framework of the discipline the issues of formation of the idea of constitutionalism in the XVIII century, the essence of the concept of "constitutionalism", its structural characteristics, identification of types and models of constitutionalism, stages of their formation and development are studied. It also explores the fundamental ideas that constitutionalism encompasses as a doctrine of limited government achieved through a system of values and principles: separation of powers, equality, human dignity, human rights, rule of law, democracy, and so on. Particular attention is paid to Ukrainian constitutionalism, which is fundamentally formed on the doctrinal foundations developed by Western legal doctrine. A practical component of the discipline is the appeal to the practice of supreme (constitutional) courts, which through interpretive activities shape the current state and prospects for the development of constitutionalism.

1. Hryschiuk O.V.. Constitutional values: philosophical and judicial aspects. Monograph. 2nd edition ed. and add. Kyiv: Vaite, 2020. 530 p. 2. Zabokritsky I.I. Transnationalization of modern constitutionalism: theoretical and legal dimension: dis. … Dr. jur. Science. Lviv, 2021. 463 p. 3. Matat A.V. On Ukrainian constitutionalism and its development during the restoration of Ukraine's independence. Bulletin of Taras Shevchenko National University of Kyiv. Legal sciences. 2021. Issue 3 (118). C. 73-76. 4. Rechitsky V.V. Informal constitutionalism-II. The second, supplemented edition. Kharkiv: Publishing House "Human Rights", 2021. 440 p. 5. Savchin M.V. Modern tendencies of constitutionalism in the context of globalization and legal pluralism: monograph. Uzhhorod: RIK-U, 2018. 440 p.

Lectures and seminars are conducted using the method of Socratic dialogue, colloquium, discussion, case study, tests, essays, solving legal problems, individual tasks.

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. The final score for the discipline is set on a 100-point scale (ECTS) and a national scale.

Ukrainian