MVV269K The Idea of the Primacy of the Constitution - Constitutional Review in a Comparative Perspective

Faculty of Law
Autumn 2018
Extent and Intensity
0/1/0. 5 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Dr. Tinatin Erkvania (lecturer), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV269K/01: Mon 5. 11. 12:00–13:40 025, 14:00–15:40 025, Tue 6. 11. 10:00–11:40 025, 12:00–13:40 025, Wed 7. 11. 12:00–13:40 025, Fri 9. 11. 12:00–13:40 025
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
there are 37 fields of study the course is directly associated with, display
Course objectives
This course covers a comparative perspective on current issues of both US and European models of the constitutional review. At first, the historical and legal cultural determinants are presented. Afterwards, selected current issues are discussed either from the European or US American perspective. The goal of this course is to improve the ability to solve similar constitutional & Human Rights law problems under different jurisdictions.
At the end of the course students should be able to:
Deepen the knowledge of the most relevant legal doctrines and of the complex of current topics concerning constitutional adjudication (a comparative perspective) and analyze it in a subject-specific way.
Learning outcomes
At the end of the course students should be able to:
- understand the legal cultural backgrounds for the establishment of the constitutional adjudication and to analyze the current developments in this context;
- revise the subject-specific informations in accordance with the current constitutional legal practice or current developments in this context through the application of comparative analysis;
- elaborate the legal opinions influenced by the subject-specific comparative analysis;
- make reasoned decisions in dealing with subject-specific issues and issues relating to constitutional review;
- based on the acquired knowledge to develop proposals for the further development of subject-specific legal doctrines; - make deductions based on acquired knowledge in terms of different types of constitutional review;
- interpret the current legislation and e.g. constitutional norms by applying the acquired knowledge with the help of the comparative analysis.
Syllabus
  • 1. Primacy of the constitution and the phenomenon of the constitutional adjudication: a historical overview (a retrospective);
  • 2. Models of constitutional adjudication: the basic differences (a comparative overview).
  • 3. The continental European model of constitutional adjudication (a Kelsenian model as a special, concentrated constitutional review); The individual types of procedures and their specifics;
  • 4. The US American model of constitutional adjudication (diffuse, deconcentrated constitutional review); The individual types of procedures and their specifics;
  • 5. Individual constitutional complaint and its special features, the idea of the protection of fundamental rights through constitutional adjudication;
  • 6. Constitutionality of constitutional norms, the phenomenon of "anticonstitutional constitutional law" - current cases and the relevant legal doctrines.
Literature
  • Rechtsprechung und Lesematerialien finden sich in Studienmaterialien/Case law and readings is to be found in study materials.
Teaching methods
Lectures, Discussions, Case-Study system
Assessment methods
In addition to readings and classroom discussion, students will be asked to divide in groups and present one of the topics that are to be discussed in seminars.
Language of instruction
German
Further Comments
Study Materials
The course is taught only once.
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