Teacher(s)
Language
French
Main themes
This teaching unit is an extension of the Constitutional Law I course. It examines, from a critical and interdisciplinary perspective, the exercise of power in the State and the protection of fundamental rights. Topics include the separation of powers, political regimes, representative, direct, and deliberative democracies, electoral law, political controls over ministers, public finance, the regime for restricting fundamental rights, the sources of fundamental rights, and their debtors and beneficiaries.
The course is accompanied by practical work, which focuses primarily on themes related to fundamental rights.
The course is accompanied by practical work, which focuses primarily on themes related to fundamental rights.
Learning outcomes
At the end of this learning unit, the student is able to : | |
At the end of this teaching unit, the student is able to: a) understand and assimilate the meaning(s) of the new legal concepts taught; b) demonstrate rigour and precision in defining these concepts; c) understand the connections that link these concepts to one another; d) understand and assimilate the rules of positive law taught, situating them in their historical and political context; e) read and understand the case law decisions presented in court; f) handle the code reproducing the texts of positive law commented on in the course, identifying the relevant provisions and linking them to the rules derived from them; g) provide elements of political explanation and critical evaluation of the legal regimes studied, without confusing the registers of legal description and prescription, legal explanation, political explanation, and ethical evaluation; h) analyse current political events in light of the concepts and rules studied. Ideally, this course should also encourage the student to “go further”, as suggested by the bibliographical references in the syllabus. The practical work allows students to learn how to find practical solutions to legal problems. It therefore requires both rigorous analysis (a high degree of precision is expected) and critical thinking (maintaining a certain distance from the theses in question, within the limits of practical work). The practical work allows students to develop their mastery of legal methodology, including researching and using legal sources, structuring a text, and correctly citing sources and bibliographical references. It also encourages students to explore both the advantages and the constraints of a collective approach. While their written work must be personal and original, students are nevertheless invited to cooperate, particularly in searching for sources and identifying the legal questions involved. Practical work further helps students develop their ability to express themselves orally on a legal subject. Finally, spread over approximately three months, the practical work teaches students how to manage their time effectively. |
|
Content
Constitutional Law I encompassed the first two components of the broader constitutional law curriculum. The initial part was devoted to the concept of the State and its foundational principles, while the second part addressed the divisions and structural organization of the State in general, and the Belgian State in particular. The content covered in these sections is considered prior knowledge.
As a continuation of Constitutional Law I, Constitutional Law II comprises three main sections:
The practical work consists in writing an essay on concrete questions concerning a situation described.
As a continuation of Constitutional Law I, Constitutional Law II comprises three main sections:
- Part III: The exercise of power within the State and the democratic imperative;
- Part IV: The distribution and functioning of powers in Belgium;
- Part V: Fundamental rights.
The practical work consists in writing an essay on concrete questions concerning a situation described.
Teaching methods
Teaching takes place in the first semester. It consists of 60 hours of theory and 9 hours of practical work with case studies.
KULeuven students taking the course only attend the "Course", not the practical work.
The teaching methods are as follows:
- Ex cathedra lectures including theoretical developments and the presentation of cases drawn from case law and/or current events.
- The teacher is available to answer any questions during the inter-course and after the course.
- Practical work is organized during the first semester to introduce students to the techniques of solving constitutional law cases. See Objectives and methods of practical work in law.
- A question-and-answer session is organized at the end of the semester.
KULeuven students taking the course only attend the "Course", not the practical work.
The teaching methods are as follows:
- Ex cathedra lectures including theoretical developments and the presentation of cases drawn from case law and/or current events.
- The teacher is available to answer any questions during the inter-course and after the course.
- Practical work is organized during the first semester to introduce students to the techniques of solving constitutional law cases. See Objectives and methods of practical work in law.
- A question-and-answer session is organized at the end of the semester.
Evaluation methods
The course itself is the subject of an oral examination comprising two questions, each of which takes time to prepare.
The practical work is graded out of 20. It accounts for a quarter of the final mark.
The practical work is graded out of 20. It accounts for a quarter of the final mark.
Online resources
The PowerPoint presentation displayed during the lecture, which outlines the normative provisions and judicial decisions discussed, as well as the structural framework of the course, is also accessible via Moodle.
Bibliography
Références bibliographiques disponibles dans les syllabus.
Voir le cahier des charges afférent au travail pratique.
Voir le cahier des charges afférent au travail pratique.
Teaching materials
- Syllabus pour la partie 5
- Deux syllabus à compléter par des notes. Les syllabus comprennent des indications bibliographiques et des incitations à "aller plus loin".
- Deux syllabus d’annexes reprenant les décisions jurisprudentielles commentées.
Faculty or entity
