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Syllabus 2018-19 - 11212019 - Institutions and Territorial Organisation of Spain (Instituciones y organización territorial del estado)

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  • Level 1: Tutorial support sessions, materials and exams in this language
  • Level 2: Tutorial support sessions, materials, exams and seminars in this language
  • Level 3: Tutorial support sessions, materials, exams, seminars and regular lectures in this language
DEGREE: Grado en Derecho
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES

ACADEMIC YEAR: 2018-19
SYLLABUS
1. COURSE BASIC INFORMATION
NAME: Institutions and Territorial Organisation of Spain
CODE: 11212019 ACADEMIC YEAR: 2018-19
LANGUAGE: English LEVEL: 1
ECTS CREDITS: 7.5 YEAR: 1 SEMESTER: SC
 
2. LECTURER BASIC INFORMATION
NAME: CARAZO LIÉBANA, MARÍA JOSÉ
DEPARTMENT: U139 - DERECHO PÚBLICO
FIELD OF STUDY: 135 - DERECHO CONSTITUCIONAL
OFFICE NO.: D3 - 260 E-MAIL: mjcarazo@ujaen.es P: 953211948
WEBSITE: http://www10.ujaen.es/conocenos/departamentos/derpublico
LANGUAGE: English LEVEL: 1
 
3. CONTENT DESCRIPTION

CONSTITUTIONAL ORGANS AND TERRITORIAL ORGANIZATION

FORM OF GOVERNMENT

CHAPTER 1. A GENERAL VIEW

  • 1. Introduction
  • 2. Political Parties and Interest Groups
  • 3. Miscellaneous: referendums and popular initiatives

 

CHAPTER 2. THE HEAD OF STATE: THE KING

  • 1. Designation
  • 2. Legal Status
  • 3. Functions

 

CHAPTER 3. THE SPANISH PARLIAMENT

  • 1. The Composition of Parliament
  1. Introduction: Imperfect Bicameralism
  2. Congress

III. The Senate

  • 2. The Legal Status of Members of Parliament
  1. The Parliamentary Mandate
  2. The character of the Parliamentary Mandate
  3. The Acquisition and Loss of the Status of Member of

Parliament

  1. Ineligibility and Incompatibility
  2. Parliamentary Prerogatives
  3. Concept
  4. Inviolability
  5. Immunity
  6. Special privileges/ Jurisdiction
  7. Rights and duties of Members
  8. Collective Prerogatives
  • 3. Functions of the Spanish Parliament
  1. The Legislative Function
  2. The Budgetary Function

III. Controlling the Government

  1. Other Parliamentary Functions
  • 4. Operation
  1. The Internal Organisation of the Chamber
  2. The Organs of Government
  3. Plenary Session and Committees
  4. The Standing Committees
  5. Operational Norms
  6. Timetable of Parliamentary activity
  7. Norms on Debates and Voting

 

CHAPTER 4. THE GOVERNMENT OF THE NATION

  • 1. The Constitutional form of the Government
  • 2. The Composition of the Government
  1. The Members of the Government
  2. The Election of the President

III. The Appointment of the Other Members of the Government

  1. The Resignation of the Government
  • 3. The Legal Status of Members of the Government
  • 4. Functions
  1. The Political Direction of the State
  2. Executive Function and Regulatory Power

III. Functions of the President

  • 5. Operation
  • 6. Public Administration

 

CHAPTER 5. JUDICIAL POWER AND THE CONSTITUTIONAL COURT

  • 1. Judicial Power in the Constitution
  1. Jurisdictional Power
  2. Democratic Legitimacy of Judicial Power: the Principle of

Submission to the Constitution and the Law

III. The Principle of Independence

  1. The Principle of Responsibility
  2. The Principle of Jurisdictional Exclusivity
  3. The Principle of Jurisdictional Unity
  • 2. The Spanish Legal Organisation
  1. The organizing criteria of the Court scheme
  2. The territorial Division of Judicial Power

III. The Judicial Hierarchy

  • 3. The Government of the Judges: The General Council of Judicial Power
  1. Justification
  2. Composition

III. Functions

  • 4. Popular Participation in the Administration of Justice
  • 5. The Ministry of Public Prosecutions
  • 6. The Constitutional Court
  1. Nature and Constitutional Position
  2. Composition and Structure

 

  • 7. The Competences of the Constitutional Court
  1. The Control of the Laws and Norms with the Force of Law
  2. General Aspects;
  3. Appeal of Unconstitutionality;
  4. The Question of Unconstitutionality;
  5. The Prior Control of Treaties

III. The Conflicts of Competences and the Government's Challenge of

the Provisions and Rulings of the Autonomous Communities

  1. The Conflicts of Jurisdictions among Constitutional organs
  2. The Conflicts in Defence of Local Autonomy
  3. Appeal against violation of human rights

 

CHAPTER 6. INDEPENDENT ORGANS

  • 1. Consultative Organs: The Council of State
  • 2. Organs of Control
  1. The Court of Auditors
  2. The Ombudsman

III. Other Organs in Defence of Fundamental Rights

  • 3. Economic Organs

 

THE STATE AND ITS DIVISIONS

CHAPTER 1. THE FORM OF THE STATE: THE AUTONOMOUS STATE

CHAPTER 2. THE AUTONOMOUS COMMUNITIES

  • 1. The Formation of the Autonomous Communities
  • 2. Distribution of Competences between the State and the Autonomous

Communities

  1. General view
  2. Exclusive Competences over a Matter

III. Competences of the State over Legislation and of the

Autonomous Communities over implementation

  1. Competences of the State over basic legislation and of the

Autonomous Communities over Complementary Legislation

and Implementation

  1. The Competences of the Autonomous Communities according

to matters treated

  1. Introduction
  2. Self-government
  3. Public Security and Justice
  4. The Economy
  5. Transport and Public Works
  6. Labour
  7. Health, Social Security and Social Services
  8. Education, Research, Culture and Sport
  9. Territorial Policy and the Environment

 

  • 3.Co-operation between the State and the Autonomous Communities and

the Prevention and Resolution of Conflicts

  1. The Collaboration Principle
  2. Techniques of Functional Collaboration. Conventions and

Co-operation Agreements

III. Techniques of Organic Collaboration

  1. Extraordinary Instruments of Sate for the Resolution of

Conflicts

  1. Laws of Harmonisation
  2. State Coercion
  3. The ordinary Resolution of Conflicts

 

  • 4. The Financing of Autonomous Communities
  1. Introduction
  2. The Financial Resources of the Autonomous Communities in

common regime

 

  • 5. Internal Structure of the Autonomous Communities
  1. General View

III. Parliament

  1. Composition and Electoral System
  2. Internal Organisation and Functioning
  3. The Functions of Parliament
  4. The Executive
  5. Functions of the President
  6. The Governing Council
  7. Political Control of the executive
  8. IV. Other Autonomous Institutions

 

CHAPTER 3. LOCAL AUTHORITIES

  • 1. General view .
  1. A Brief History .
  2. Constitutional Principles of Local Government.
  • 2. The Municipalities.
  1. Introduction
  2. Local Institutions

III. Municipal Competences

  • 3. The Provinces.
  1. Introduction
  2. The Provincial Institutions

III. Provincial Competences

  • 4. Other Local Government Bodies.

4. COURSE DESCRIPTION AND TEACHING METHODOLOGY

The course is developed through theoretical and practical classes.

Theoretical classes will be developed by teachears by systematic and synthetic exposures issues through power points that will be available for students. 

The practical classes will be developed through a series of documentaries or mouvies or series on constitutional issues conteined in the different lessons. After the exhibition of these materials a debate between teacher and students will be made.

Finaly, and only for increasing the vote of the subject, students can develop a voluntary basis, work on specific topics of interes. 

 SYSTEM OF EVALUATION

1.- Presentation  and defense through Power Point of a subject chosen by each student fron a lesson oh the program

2.- Regular attendance to class

3.- Participation/intervention in the debates and conferences, seminars and theoretical and practical classes

Students with special educational needs should contact the Student Attention Service (Servicio de Atención y Ayudas al Estudiante) in order to receive the appropriate academic support

5. ASSESSMENT METHODOLOGY

1.- Presentation and defense through  Power Point a subject chosen by the student fron a lesson fromm the propram

 2.- Delivery of case studies (through movies and serie in English with subtitles) and particpation on debates in classes 


3.- Regular attendance and attention

6. BOOKLIST
MAIN BOOKLIST:
  • Constitutional law in Spain. Edition: -. Author: Ruiz Robledo, Agustín. Publisher: AH Alphen aan den Rijn : Wolters Kluwer, 2012  (Library)
  • The Constitution of Spain : a contextual analysis. Edition: -. Author: Ferreres Comella, Víctor. Publisher: Oxford : Hart, cop. 2013  (Library)
ADDITIONAL BOOKLIST:
  • The Constitution of Spain : a contextual analysis. Edition: -. Author: Ferreres Comella, Víctor. Publisher: Oxford : Hart, cop. 2013  (Library)