Teacher(s)
Language
French
Learning outcomes
At the end of this learning unit, the student is able to : | |
| This course is the first part of the Constitutional Law course, which will be completed in second year by a further 60 hours of lectures and six tutorial sessions. Ideally, at the end of the 鈥淐onstitutional Law I鈥� course, students should essentially be able: a) to understand and assimilate the meaning or meanings of the elementary legal concepts studied in class, mainly the following ones: public law, constitutional law, State, sovereignty, institutionalised power, legal person, constitution, original constituent power, derived constituent power, rigid constitution, flexible constitution, delegation of authority, constitutional custom, declaration of revision of the constitution, law, special law, decree, ordinance, regulation, norm, administrative act, general principles of law, nation, nationality, sub-nationality, citizenship, subjective law, right of people to self-determination, territory, political community, competence, organ, region, community, linguistic region, administrative constituency, administrative district, electoral college, electoral constituency, decentralisation, devolution, unitary model, federal model, regional model, confederation of States, functional duplication, residual competence; b) to show rigor and precision in the presentation of these concepts; c) to understand the links that connect these fundamental concepts to each other; d) to understand the epistemological presuppositions of the science of public law : distinction between the legal analysis of the State, political science and political philosophy; distinction between the description, explanation, evaluation and prescription registers; e) to understand and assimilate the following political science concepts : institutional and political system, civil society, consociative, consociational or consensual democracy, pillarisation, highly institutionalised State, weakly institutionalised State, nation, nationalism; f) to understand and assimilate certain rules of positive law of Belgium (including the rules for the revision of the Constitution, the rules for the jurisdictional control of the constitutionality of laws, decrees, ordinances and regulation, the rules of nationality law, and the rules governing the organisation of Communities and Regions in Belgium) and situate them in their historical and political context; g) to handle the codes containing the texts of positive law studied in class; h) to provide elements of critical evaluation of the legal systems studied in class; i) to analyse the political news reported in the daily press in the light of the concepts 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 of the syllabus. |
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Content
The course plan is composed of:
Genral introduction
First part: The foundations of State :
Chapter I: The power of State
Chapter II: The State and the Constitution
Chapter III: The State and the nation
Chapter IV: The State and the territory
Second part: The divisions and structures of the State:
Chapter I: Decentralisation
Chapter II: Federalism
Chapter III: Belgium as a decentralised state
Chapte IV: Belgique as a federal Stat
Genral introduction
First part: The foundations of State :
Chapter I: The power of State
Chapter II: The State and the Constitution
Chapter III: The State and the nation
Chapter IV: The State and the territory
Second part: The divisions and structures of the State:
Chapter I: Decentralisation
Chapter II: Federalism
Chapter III: Belgium as a decentralised state
Chapte IV: Belgique as a federal Stat
Teaching methods
- Essentially theoretical ex cathedra lecture;
- The teacher will be receptive to answer any questions during breaks or after sessions;
- A tutorial (optional) of sources and principles of law and constitutional law is given during the second term to help students achieve the objectives set out above.
- A question and answer session is held at the end of the semester.
- The teacher will be receptive to answer any questions during breaks or after sessions;
- A tutorial (optional) of sources and principles of law and constitutional law is given during the second term to help students achieve the objectives set out above.
- A question and answer session is held at the end of the semester.
Evaluation methods
Oral examination with a preparation time.
Other information
Didactic supports proposed to the students: a book聽Droit constitutionnel. Approche critique et interdisciplinaire.听
Bibliography
Voir les r茅f茅rences in H. Dumont et M. El Berhoumi,聽Droit constituionnel. Approche critique et interdisciplinaire, Bruxelles, Larcier, t. 1 : l'Etat, 2021 ; t. 2 : les sturctures de l'Etat, 2025.
Faculty or entity
