MP711Zk Selected Problems of Constitutional Law - Introduction to Constitutional Law of the United States

Faculty of Law
Autumn 2004
Extent and Intensity
2/0. 4 credit(s). Type of Completion: zk (examination).
Teacher(s)
prof. JUDr. Jan Filip, CSc. (lecturer)
Dr. Mark Gillis, J.D. (lecturer)
Guaranteed by
Dr. Mark Gillis, J.D.
Department of Constitutional Law and Political Science – Faculty of Law
Timetable
Tue 13:30–15:00 025
Course Enrolment Limitations
The course is offered to students of any study field.
Course objectives (in Czech)
This course offers an overview of the American constitutional system, its structure and main institutions, as well as the most significant doctrines and principles. If provides a basis for comparison with the European constitutional orders, particularly in terms of the presidential and parliamentary systems, as well as the American and Kelsenian systems of constitutional review. The course material is presented primarily through the study of cases, which allows students to better understand the development and functioning of the American constitutional system and provides them the opportunity to become familiar with the method of learning law through the study of court decisions. In addition to covering the fundamental features, such as the separation of powers, federalism, and judicial review, it also surveys some of the most significant areas of constitutional jurisprudence, such as the commerce power, due process and equal protection.
Syllabus (in Czech)
  • Introduction: Historical Foundations and Basic Features of the American constitutional order (presidential system and federalism); Sources of Law; Origins and Characteristics of American System of Judicial Review; Justiciability: Requirements for the Federal Judiciary to Assert Jurisdiction (abstract questions, advisory opinions, standing, mootness, ripeness, etc.); the Political Questions doctrine and the judiciarys role in the separation of powers; Separation of Powers doctrines; Foundations of Strong Federal System (implied powers doctrine); the Federal Commerce Power, its initial foundation, strict judicial enforcement (until 1937), total renunciation, and rebirth (since 1995); the Due Process principle and the development of federal supervision over state observance of fundamental rights; Equal protection and system multi-tiered scrutiny; international affairs authority, treaty-making and war powers.
Language of instruction
English
Further Comments
The course is taught annually.
The course is also listed under the following terms Autumn 2002, Autumn 2003.
  • Enrolment Statistics (recent)
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