POL574 Constitutionalism

Faculty of Social Studies
Spring 2014
Extent and Intensity
2/0/0. 5 credit(s). Type of Completion: zk (examination).
Teacher(s)
Mgr. et Mgr. Jiří Baroš, Ph.D. (lecturer)
JUDr. Mgr. Ivo Pospíšil, Ph.D. (lecturer)
JUDr. Eliška Wagnerová, Ph.D. (lecturer)
Guaranteed by
prof. PhDr. Stanislav Balík, Ph.D.
Division of Politology – Department of Political Science – Faculty of Social Studies
Contact Person: Mgr. Libuše Stará
Supplier department: Department of Political Science – Faculty of Social Studies
Timetable
Mon 17:00–18:30 U41
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 0/30, only registered: 0/30
fields of study / plans the course is directly associated with
Course objectives
The main goal of the course is to offer to its students the complex view on philosophical foundations of modern constitutionalism. The modern constitutionalism is conceptualized in its distincion from ancient constitutionalism. The course concentrates on the genesis of modern constitutionalism and its subsequent development throught the analysis of traditions of political thinking which have been crucial for this phenomenon. Part of this genealogical enterprise is the conceptualization of the fundamental concepts of constitutional rule of law (e.g. constituent power) and its foundational legal documents (e.g. Marbury v. Madison). Two models of constitutionalism (american, and german) are thoroughly analyzed as well as sceptical intellectual currents. At the end of the course the Czech experience of constitutionalism and current mutations of constitutionalism are outlined.
Syllabus
  • 1. Why Constitutionalism? Why Constitutional Democracy? 2. Ancient and medieval constitutionalism. Development of constitutionalism in the era of modernity. Sovereignty and representation 3. Sovereignty of people and the difference between constituent and constituted power. American revolution and Federalist Papers 4. Marbury v. Madison - the foundation of modern constitutionalism. The story of American constitutionalism 5. Difficulties of constitutionalism in Europe. The development of Rechtsstaat. Between two world ward and first constitutional courts 6. American constitutionalism - from constitutional interpretation to legitimacy of constitutional review 7. Constitutionalism after the Second World War: Germany 8. The birth of Czech constitutionalism in nineties: Constitutional Court 9. The jurisprudence of the Czech constitutional court. 10. The twilight of constitutionalism. Europe: the new model of constitutionalism?
Teaching methods
discussion, paper
Assessment methods
paper, written exam
Language of instruction
Czech
Further Comments
The course is taught annually.
The course is also listed under the following terms Spring 2013, Spring 2015, Spring 2016, Spring 2017, Spring 2018.
  • Enrolment Statistics (Spring 2014, recent)
  • Permalink: https://is.muni.cz/course/fss/spring2014/POL574