小瓢虫传媒

Teacher(s)

El Berhoumi Mathias; Van Drooghenbroeck S茅bastien;

Language

French

Learning outcomes

At the end of this learning unit, the student is able to :

This course is the second part of the Constitutional Law course started in first year (see therefore 鈥淥bjectives and methods of the Constitutional Law I course鈥�). Ideally, at the end of the 鈥淐onstitutional Law II鈥� course, students should essentially be able: a) to understand and assimilate the meaning or meanings of the new legal concepts studied in class; b) to show rigors and precision in the definition of these concepts; c) to understand the links that connect these fundamental concepts to each other; d) to understand and assimilate the rules of positive law studied in class and situate them in their historical and political context; e) to read and understand the decisions of jurisprudence studied in class; f) to handle the code containing the texts of positive law studied in class, identifying the relevant clauses and linking these to the rules that emerge from them; g) to produce elements of political explanation and critical evaluation of the legal regimes studied in class, without confusing the registers of legal description and prescription, legal explanation, political explanation and ethical evaluation; h) to analyse political news reported in the daily press in the light of the notions and rules studied in class. Again, ideally, this course should prompt students to 鈥渢hink further鈥�, which is exactly what the student is invited to do in the sections entitled: 鈥渢o think further鈥� as well as with the bibliographical references included in the syllabus. The exercise sessions (tutorials) allow the students to learn how to find the solution to a legal issue of a practical nature. Therefore, they require a rigorous (a high degree of accuracy is expected) and critical (the students should consider the existing theses with a discerning mind) analysis. The tutorials enable the mastery of the legal methodology: research and use of the sources of law, structuring of a text, correctness of quotations and bibliographical references. These sessions also invite the students to discover the advantages and limitations of a collective approach. Indeed, although their written work has to be personal and original, the students are encouraged to work together, especially in the research of sources and the identification of given legal issues. These tutorials enable the students to develop their capacity to express themselves orally on a legal subject. Finally, taking place over a period of around three months, these sessions allow the students to learn time-management, by meeting deadlines and external constraints such as typing, the number of pages鈥�

Content

The Constitutional Law I course covered the first three parts of the overall constitutional law syllabus, which were devoted respectively to the notion of the State and its foundations (Part I), the divisions and structures of the State in general, and of the Belgian State in particular (Part II), the exercise of power in the State and the democratic requirement (Part III). The material covered is "assumed to be known".
Following on from Constitutional Law Course I, the Constitutional Law Course II is divided into three parts:
- Part IV. Powers in Belgium ;
- Part V. The division of powers and cooperative federalism;
- Part VI. Civil liberties and Human 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.

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.

Other information

Didactic supports proposed to the students: a syllabus to be completed by the students鈥� notes. This syllabus includes bibliographical information, jurisprudential rulings and invitations 鈥渢o think further鈥�. Reference manuals are recommended;

The resolution of practical case implies the use of different sources: course syllabus, non-exhaustive bibliography of the specifications manual, library research (legislation, doctrine, jurisprudence)...

Bibliography

R茅f茅rences bibliographiques disponibles dans le syllabus.

Voir le cahier des charges aff茅rent au travail pratique.

Faculty or entity

> DRTB