The system of sources, as regulated in our constitutional text, is key to the organization of public power. In this course, students receive training on the political emergence of constitutionalism, as well as its current implications in a State with territorial complexity. The system of checks and balances between powers explains the role of the General Courts, the Government, and the Judiciary. It is also necessary to understand the role of international treaties and EU law, the functions of the Head of State, and the territorial distribution of power.
For an interdisciplinary degree in Philosophy, Politics, and Economics, it is essential to have both a historical and up-to-date understanding of the political and philosophical movements of the 18th century that gave rise to constitutionalism, where the separation of powers and legal certainty are fundamental elements of economic growth. The education provided by the degree in Philosophy, Politics, and Economics requires a solid understanding of the constitutional system on which the Spanish democratic regime is based, with the Constitution as the fundamental legal norm of the legal order.
It is important for students in this degree to acquire, at an early stage of their studies, adequate familiarity with the functioning of the State?s core institutions. At the same time, many of the potential professional paths for our students demand a solid knowledge of the foundations of the constitutional system, particularly in the public sector.
Moreover, the study of subjects grouped under the module "Politics and Global Justice" makes it advisable to have prior knowledge of the sources of law, as well as the basic institutions of the legal system and the constitutional foundations from which the rest of the legal norms derive their legitimacy?norms through which public resources are planned and managed.
Topic 1: Conceptual Elements of Constitutionalism
1.1. Constitution and Constitutionalism
1.1.1. Constitutionalism as a historical process: British, American, and Continental European examples
1.2. Constituent Power
1.3. Types of Constitutions: Political Constitution and Normative Constitution; Rigid Constitution and Flexible Constitution
1.4. Social and Democratic Rule of Law
Topic 2: Historical Overview of Constitutionalism in Spain
2.1. The consolidation of constitutionalism in Spain
2.2. Phases of Spanish constitutionalism
2.3. Characteristics of Spanish constitutionalism
2.4. The 1931 Constitution and its influence on the current system
2.5. Constituent process of the 1978 Constitution
Topic 3: The Constitution and the Legal System (I)
3.1. Sources of Law
3.2. The legal system
3.3. The Constitution as the supreme norm
3.4. Interpretation of the Constitution
3.5. Reference to the regulation and protection of fundamental rights
Topic 4: The Constitution and the Legal System (II)
4.1. The law in the Constitution
4.2. Governmental norms with the force of law
4.3. International treaties
4.4. Sources of law below the rank of legislation
Topic 5: Institutions and the Constitutional System (I)
5.1. Fundamental principles of the constitutional organization of the State
5.2. The Head of State
Topic 6: Institutions and the Constitutional System (II)
6.1. The legislative power: The General Courts and bicameralism
6.2. The executive power: Government and public administration
6.3. The judicial power: Judicial organization and the governance of judges
Topic 7: Territorial Organization of the State
? Expository lessons
? Presentation of the different topics that make up the course syllabus.
? Practical exercises carried out in the classroom: Application of acquired knowledge through practical exercises (some individual and others group-based).
? Reasoned class debate based on current news related to the institutions studied in the course.
? Self-assessment exercises at the end of each topic.
? Preparation of a group project on a subject potentially subject to constitutional reform.
Ordinary Exam Session: In order to be evaluated in the ordinary exam session, all the activities subject to evaluation must have been completed. The evaluable activities must be submitted by the dates indicated by the instructor. If, for any properly justified and communicated reason to the instructor, the activities cannot be submitted within the set period, they may be submitted before the exam date, so that the instructor can grade them. However, in this case, the instructor is not obligated to provide feedback on those activities to the student. On the other hand, the student has the right to take the final written exam, even if they have not submitted all the other activities subject to evaluation, but the final grade for the course will only be calculated if all activities have been submitted according to the evaluation criteria and weightings established in this syllabus. If any activity has not been submitted or completed, it will be recorded as "Not Submitted" in the exam record.
Extraordinary Exam Session: The evaluation criteria are the same as in the ordinary exam session, so all the evaluation activities considered in the course must be provided. The grades for completed activities (including the final written exam) will be kept, pending the completion of any outstanding activities. The same weighting criteria used in the ordinary evaluation will apply. This measure will only apply within the current academic year; if the extraordinary exam session is not passed, re-enrolling will require repeating the entire course.
? Final test on the mastery of the course concepts: 60%.
? Group reflection and analysis of a practical situation: 10%.
? Reasoned presentation of a current news item identified by the students as representative of the studied institutions or other similar practical activities: 10%.
? Preparation of an individual or group project on a subject potentially subject to constitutional reform or another relevant topic for the course: 20%.
Álvarez Vélez, María Isabel (coord.): Lecciones de Derecho Constitucional, Tirant lo Blanch, Valencia, 2018, 6ª edición.
López Guerra, Luis: Derecho Constitucional, Tirant lo Blanch, Valencia, 2017, 10ª edición.
Sánchez Ferriz, Remedio: El Estado Constitucional. Configuración histórica y jurídica. Organización funcional, Tirant lo Blanch, Valencia, 2009.
Jiménez Asensio, Rafael: El Constitucionalismo. Proceso de formación y fundamentos de Derecho Constitucional, Marcial Pons, Madrid, 2005, 3ª edición.
Viver Pi-Sunyer, Carles, Ordenament constitucional, Constitució, Ediciones Vicens Vives, Barcelona, 1996, 2ªed.
Álvarez Vélez, María Isabel (coord.): Lecciones de Derecho Constitucional, Tirant lo Blanch, Valencia, 2018, 6ª edición.
López Guerra, Luis: Derecho Constitucional, Tirant lo Blanch, Valencia, 2017, 10ª edición.
Sánchez Ferriz, Remedio: El Estado Constitucional. Configuración histórica y jurídica. Organización funcional, Tirant lo Blanch, Valencia, 2009.
Jiménez Asensio, Rafael: El Constitucionalismo. Proceso de formación y fundamentos de Derecho Constitucional, Marcial Pons, Madrid, 2005, 3ª edición.
Viver Pi-Sunyer, Carles, Ordenament constitucional, Constitució, Ediciones Vicens Vives, Barcelona, 1996, 2ªed.