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Syllabus 2018-19 - 11411009 - Constitutional System and Fundamental Rights (Ordenamiento constitucional y derechos fundamentales)

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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 Gestión y administración pública
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES

ACADEMIC YEAR: 2018-19
SYLLABUS
1. COURSE BASIC INFORMATION
NAME: Constitutional System and Fundamental Rights
CODE: 11411009 ACADEMIC YEAR: 2018-19
LANGUAGE: English LEVEL: 2
ECTS CREDITS: 6.0 YEAR: 1 SEMESTER: PC
 
2. LECTURER BASIC INFORMATION
NAME: RUIZ RUIZ, JUAN JOSÉ
DEPARTMENT: U139 - DERECHO PÚBLICO
FIELD OF STUDY: 135 - DERECHO CONSTITUCIONAL
OFFICE NO.: D3 - 259 E-MAIL: jjruiz@ujaen.es P: 953 212994
WEBSITE: jjruiz@ujaen.es
LANGUAGE: - LEVEL: 2
 
NAME: LOZANO MIRALLES, JORGE
DEPARTMENT: U139 - DERECHO PÚBLICO
FIELD OF STUDY: 135 - DERECHO CONSTITUCIONAL
OFFICE NO.: D3 - 245 E-MAIL: jlozano@ujaen.es P: 953212231
WEBSITE: http://www10.ujaen.es/conocenos/departamentos/derpublico/lozano-miralles-jorge
LANGUAGE: - LEVEL: 2
 
3. CONTENT DESCRIPTION

THE SOURCES OF CONSTITUTIONAL LAW
CHAPTER 1. CONSTITUTION
§ 1. General character
§ 2. Reform Procedures
I. General Questions
II. Ordinary Reform Procedure
III. Extraordinary Reform Procedure
CHAPTER 2. TREATIES
§ 1. The Conclusion of Treaties
§.2. The Integration of Treaties in the Spanish legal System
CHAPTER 3. LAWS AND NORMS WITH THE FORCE OF LAWS
§ 1. Classes of norms with the force of norms
I. Ordinary Law
II. Organic Law
III. Legislative Decree
IV. Decree-Law
V. Autonomous Law
§ 2 Relationship between norms with the force of law

CHAPTER 4. JURISPRUDENCE
CHAPTER 5. UNWRITTEN LAW
§ 1. Customary Law
§ 2. The general Principles of Law
CHAPTER 6. THE REGULATIONS

CHAPTER 7 SPANISH NATIONALITY
§ 1. Constitutional Provisions on Nationality
§ 2. Legal Regulation of Nationality
I. Acquisition
II. Loss
§ 3. Relevance of Nationality
I. Constitutional position of Spaniards and Aliens
II. European Citizenship
III. The Paradox of Spanish Nationality
CHAPTER 8. THE GENERAL REGIME OF FUNDAMENTAL RIGHTS
§ 1. The Concept of Fundamental Right
I. Definition
II. Normative Sources
III. Classification of the Rights in Title I
§ 2. Fundamental Rights: Past and Present
I. Direct efficacy and the Double Dimension of Fundamental Rights.
II. Entitlement to Constitutional Rights.
III. The Consequences of Fundamental Rights between Private Persons.
§ 3. The Guarantees of Fundamental Rights
I. The Normative Guarantees of Fundamental Rights
A. The Special Content
B. The Special Reform Procedure
C. The Reservation to Organic Law
II. Jurisdictional Guarantees
A. The Appeal Process before ordinary Courts
B. Appeals on Grounds of Unconstitutionality before Constitutional Court.
C. International Guarantees, in particular, the Appeal to the European Court of
Human Rights.
III. Institutional Guarantees
IV. Restrictions on Rights
§ 4. The Interpretation of Fundamental Rights
§ 5. The Principle of Equality
I. The Aims of the Principle of Equality
II. The Principle of Equality as a Mandate of the Public Powers
A. Equality in Law
B. Equality before the Law
III. The Right to Equality
CHAPTER 9. CIVIL AND POLITICAL RIGHTS
§ 1. Personal Rights
I. The Right to Life and Personal Liberty
II. Personal Liberty
A. Detention
B. Provisional Custody
C. The Right to Penal Legality
III. Privacy
A. The Rights to Honour, Personal and Family Privacy and Identity
B. Rights Instruments in the Protection of Privacy: the Inviolability of the Home
and the Secrecy of Communication.

C. Data Protection.
IV. Freedom of Residence and Movement
V. The Right to contract matrimony
§ 2. Intellectual Freedoms
I. Ideological Freedom
II. Religious Freedom
III. Freedom of Opinion
A. Liberty of Expression
B. Liberty of Artistic and Scientific Creation
C. Academic Freedom
D. Freedom of Information
IV. The Right to Education and Freedom of Teaching
V. The Universities’ Right to Autonomy
§ 3. Political Rights
I. The Right of Assembly
II. The Right of Association
III. The Right to Participate in Public Affairs
A. The Right to Political Participation directly or through Representatives
B. The Right of Access to Representative Public Office
C. The Right of Access to Public employment
IV. The Right of Petition

§ 4. Procedural Rights
I. Effective Legal Remedies
A. The Right of Access to the Courts
B. The right to a Judgement Founded on Law
C. The Right to Execution of Legal Decisions
II. The Right to a Defence
III1. The Procedural Guarantees of Art. 24.2
A. The Right to Appear before the Ordinary Judge as predetermined by
Law
B. The Right to Public Trial without Undue Delay
C. The Guarantees of the Accused in Criminal Proceedings
CHAPTER 10. ECONOMIC, SOCIAL AND CULTURAL RIGHTS
§ 1. Constitutional Rights
I. Property Rights
1. The Right to Private Property and Inheritance
2. The Right to Create a Foundation
3. Free Enterprise
§ 2. Employment Rights
1. The Right to Work and Free Choice of Occupation
2. The Right to Collective Negotiation
3. The Right to Adopt Measures in Collective Conflicts and the Fundamental
Right to Strike.
§ 3. The Guiding Principles of Social and Economic Policy
1. The Legal Value of the Guiding Principles
2. Classification of Guiding Principles
1. Social Rights
2. The Mandates to Protect Specific Social Groups
3. Other objectives of Public Policy

CHAPTER 11. CONSTITUTIONAL DUTIES
§ 1. Overall View
§ 2. Classification
1. The Duty to Defend Spain
A. Military Obligations
B. Duties in Extraordinary Situations
2. Taxation Obligations
3. Other Constitutional Duties
CHAPTER 12. CONSTITUTIONAL PROTECTION OF FOREIGNERS
§ 1. The legal position of foreiners
1. Norms on Aliens’ Stay in Spain Equality
2. Civil rights
§ 2. Extradition and Right of Asylum.
CHAPTER 13. THE SUSPENSION OF RIGHTS

§ 1. The Collective Suspension of Rights: Exceptional States
I. State of alarm
II. El Estado de excepción
III. State of Seige
2. Personal Suspensión of Rights: the War against terrorism

4. COURSE DESCRIPTION AND TEACHING METHODOLOGY

The teacher, on the subjects presented in the syllabus, may request the student for previous readings or complementary materials for the best use of theoretical classes. These materials will be announced by the teacher in sufficient time to the respective theoretical classes.The student must prove in class that he has made these readings by answering the questions of the teacher so that they can be evaluated in the section corresponding to the practices.

     The practices will be done according to the indications that each teacher considers.They may consist of critical readings of certain documents, resolution of case study on national and international jurisprudence, on-line debates, etc.In any case, each teacher, with due notice, will notify the students of each of the practices and the materials necessary for its realization.

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

For PATIE students:

On the official date determined by the Faculty, a final exam will be held either in written fashion or in the oral exam mode, to be specified by the teacher. In it, the student will have to solve a practical assumption, develop a general topic, and also answer a certain number of questions on more conceptual issues.

The evaluation of the student is based on the score obtained in an exam on the theoretical contents of the subject, in which the correction of the legal reasoning as well as the capacity for expression and explanation and the incorporation of technical-legal vocabulary will prevail.

There will be online discussion forums which are intended to encourage students to appreciate strong and well-constructed arguments. The discussion forums are designed to inspire students to understand frameworks that underpin debates on constitutional issues and to ensure that all participants have an opportunity to exchange ideas without causing offense to others. Participation in the discussion forums is mandatory (up to 2 points).

Constitutional law practical exercises consist in finding the solution to a legal issue of a practical nature. This requires you to be able to undertake research of sources of law and including the identification of given legal issues.

6. BOOKLIST
MAIN BOOKLIST:
  • Constitutional law in Spain. Edition: -. Author: Ruiz Robledo, Agustín. Publisher: AH Alphen aan den Rijn : Wolters Kluwer, 2012  (Library)