Infopaket

Comparative Constitutional Law

ОК 14

Обов’язкова дисципліна для ОП

First

2023/2024

2 Semester

4

To know the fundamental principles of constitutional law; sources of constitutional law of modern states, the procedure for carrying out constitutional reforms; democratic constitutional-legal standards and their influence on the formation of Ukrainian constitutionalism; basic human rights and opportunities for their protection; the mechanism of separation of state power and the system of checks and balances; the procedure for the formation and competence of the highest bodies of state power: parliament, government, head of state; functioning of the judiciary, mechanisms to guarantee its independence; the procedure for exercising constitutional control, the competence of the constitutional court, the place of the constitutional complaint in the mechanism of protection of human rights

The Course “Comparative constitutional law” is based on and closely interacts with the cycle of disciplines of theoretical, professional and practical training of a lawyer, in particular “Theory of State and Law”, “History of Political and Legal Doctrines”, “Contemporary legal systems”. Student should have basic knowledge of theory of law, history of law, basic skills of law understanding, sources of law

Thematic plan of the discipline: 1. Constitutional Law: Fundamental Notions and Principals. 2. Constitutional Law Sources. Constitution – the Main Source of Constitutional Law. 3. The Status of a Person in Constitutional Law. 4. Legal status of Civil Society Institutions. 5. Constitutional Institutes of Direct Democracy. 6. The State as Category of Constitutional Law. Horizonal and vertical devision of power. 7. The Legislature. 8. The Head of State Institute in the Constitutional Law. 9. The Executive. Government in the system of higher state power. 10 Constitutional grounds of the functioning of the judiciary. 11. Constitutional jurisdiction

1. Wieser Bernd. Vergleichendes Verfassungsrecht. − Verlag Österreich, 2020. – 269. s. 2. The Oxford Handbook of Comparative Constitutional Law. Edited by Michel Rosenfeld and András Sajó. – United Kindom, 2012. – 1400 s. 3. Comparative Constitutional Law. Edited by Mark Tushnet, William Nelson Cromwell Professor of Law, − Harvard University, US, 2017. 4. Comparative Constitutional Law, (University Casebook Series), 3rd Edition. Edited by Vicki Jackson, Mark Tushnet, − Foundation Press, 2014. – 1908 p.

Lectures, seminars

Evaluation is carried out according to the modular rating system. Current control: answers (up to 5 points), writing independent work (up to 2 points), case studies and drafting of procedural paperwork for it (up to 5 points), modular test (up to 20 points). The form of final control is an exam. The exam is conducted in writing. The student's answer to the exam – up to 40 points

Ukrainian