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Syllabus 2022-23 - 11211007 - Constitutional System and Fundamental Rights (Ordenamiento constitucional y derechos fundamentales)
- 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: | 2022-23 |
COURSE: | Constitutional System and Fundamental Rights |
NAME: Constitutional System and Fundamental Rights | |||||
CODE: 11211007 | ACADEMIC YEAR: 2022-23 | ||||
LANGUAGE: English / French | LEVEL: 2 / 2 | ||||
ECTS CREDITS: 7.5 | YEAR: 1 | SEMESTER: PC |
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 | ||
ORCID: https://orcid.org/0000-0003-0808-6139 | ||
LANGUAGE: English | LEVEL: 2 | |
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 | ||
ORCID: https://orcid.org/0000-0003-3375-6405 | ||
LANGUAGE: English | LEVEL: null |
HISTORICAL CONSTITUTIONAL PREMISES
1 SPAIN IS ESTABLISHED AS A SOCIAL AND DEMOCRATIC STATE SUBJECT TO THE RULEOF LAW (ART. 1.1)
1.1 Spain as a Social and Democratic State under the Rule of Law (Art. 1.1 of the Constitution)
1.2 Spain as a Democratic State
1.3 Spain as a State under the Rule of Law
1.4 Spain as a Social State
2 SOURCES OF LAW. LEGISLATIVE PROCEDURE. INTERNATIONAL TREATIES. RELATIONS WITH THE EUROPEAN UNION
2.1 The Resolution Criteria for Normative Antinomies: Hierarchy, Competence and ââââââââââââââ¬Å¡¬Å¡¬Å¡¬Å¡¬Å¡¬Å¡¬ËÅâââââââââââ¬Å¡¬Å¡¬Å¡¬Å¡¬Åâââââââââ¬Å¡¬Å¡¬Å¡¬Åâââââââ¬Å¡¬Å¡¬Åâââââ¬Å¡¬Åâââ¬ÅâSupplementarityââââââââââââââ¬Å¡¬Å¡¬Å¡¬Å¡¬Å¡¬Å¡¬âââââââââââââ¬Å¡¬Å¡¬Å¡¬Å¡¬Å¡¬Â¢
2.2 The Constitution
2.3 The Jurisprudence of the Constitutional Court
2.4 The Law
2.5 The Regulations
2.6 International Treaties
2.7 Relations with the European Union 60
3 THE SYSTEM OF FUNDAMENTAL RIGHTS, PUBLIC LIBERTIES AND DUTIES
3.1 Rights as Fundamental Rights
3.2 The Nature of Rights and of Freedoms
3.3 General Characteristics of the Constitutional Recognition of Rights and Freedoms
3.4 Effectiveness and Extent of Fundamental Rights and Freedoms: Direct and Immediate Effectiveness and Mediated Effectiveness
3.5 The Extent of Fundamental Rights and Liberties
3.6 Interpretation of Fundamental Rights and Liberties
3.7 Fundamental Rights and Principle of Equality
4 THE GUIDING PRINCIPLES OF SOCIAL AND ECONOMIC POLICY
4.1 The Welfare State as the Basis of the Guiding Principles of Social and Economic Policy
4.2 Social Rights as Fundamental Rights
4.3 The Content and the Legal Effectiveness of the Rights Included in Chapter III of Part I of the Constitution
5 GUARANTEES OF FUNDAMENTAL RIGHTS AND LIBERTIES
5.1 Common Guarantees of the Fundamental Rights and Their Classification
5.2 Exceptions: Guarantees of Fundamental Rights and Public Liberties of Division 1 of Chapter II
10 CONSTITUTIONAL JURISDICTION
10.1 The Constitutional Court: Nature, Composition, Operation and Status of Judges
10.2 Proceedings Before Constitutional Court
10.3 Reforms of the Constitutional Court and Its Powers
13 REFORM OF THE CONSTITUTION
13.1 Constitutional Reform Initiative and Procedures
13.2 The Ordinary Reform of the Constitution
13.3 Total or Extraordinary Partial Review of the Constitution
13.4 Limits on Constitutional Reform
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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
Presentation and defense through Power point of a subject chosen by the student from the lessons of the program
Write in half an hour about two topics of the program
If the student is able to understand and speak Spanish regular attendance to class and participation/intervention in debates and conferences, seminars or in theoretical and practical classes will be very appreciated
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
- Spanish constitutional system Silvio Gambino ... [et al.]. Edition: -. Author: Gambino, Silvio, coaut.. Publisher: Eleven (Library)
- Spanish constitutional system Silvio Gambino ... [et al.]. Edition: -. Author: Gambino, Silvio, coaut.. Publisher: Eleven (Library)
- Droit constitutionnel de l'Espagne. Edition: -. Author: Francisco Balaguer Callejón. Publisher: BRUYLANT (Library)
- A) Group with number of students over the limited capacity in the classroom.
Training Activities |
Type lesson (classroom / online) |
Teaching methodology Description |
Practical sessions in the Classroom of Computing |
Face to face at 50% |
The rotation will be applied in small groups of 50%. If the hardware allows, the practical classes will be broadcast to the rest of the group. |
Theory sessions on the program contents of the 50% of the group. |
Face to face at 50% |
The participatory master class sessions, each lasting about 50 minutes maximum, held in the classroom and broadcasting by videoconference to the rest of the group. Periodic rotation of students. |
Tutoring |
On-site + Online |
Some tutoring sessions will be done in person and others online (synchronous and asynchronous) |
Groups with a number of students below the limited capacity in the classroom.
Among the alternatives offered by the Vice-Rector's Office, the face-to-face option is chosen, both for teaching and for evaluation.
The option will be sessions taught in the Classroom (Theory) o Informatic Room (Practices). The practical works will be delivered at the indicated times, as well as the evaluation of legal documentation searching.
Logically, depending on the health circumstances, the corresponding adaptation would be carried out, which will be communicated to the students through email, as well as through the publication on the web of the subject in virtual teaching, going to an online scenario with the appropriate adaptations depending on the moment in which the teaching interruption could happen.
The evaluation system will be the same.
The face-to-face classes will be replaced by classes on the Google Meet platform (or similar) and the practical classes would be done through the UJA virtual platform through the delivery of exercises or through other instruments that will previously be communicated to the students.
In both cases (theoretical as well as practical classes), the teaching systematic and the way of evaluating will be identical to that established in this Teaching Guide.
Institution in charge of data processing: Universidad de Jaén, Campus Las Lagunillas, s/n, 23071 Jaén
Data Protection Delegate: dpo@ujaen.es
Purpose: In accordance with the Universities Law and other national and regional regulations in force, carrying out exams and assessment tests corresponding to the courses students are registered in. In order to avoid frauds while sitting the exam, the exam will be answered using a videoconference system, being able the academic staff of the University of Jaén to compare and contrast the image of the person who is answering the exam with the student's photographic files. Likewise, in order to provide the exam with evidential content for revisions or claims, in accordance with current regulation frameworks, the exam will be recorded and stored.
Legitimacy: compliance with legal obligations (Universities Law) and other national and regional regulations currently in force.
Addressees: service providers who are the owners of the platforms where the exams are carried out and with whom the University of Jaén has signed the corresponding data access contracts.
Storage periods: those established in current in force regulations. In the specific case of exam videoconference recordings, not before the examination records and transcripts are closed or the exam can still be reviewed or challenged.
Rights: you can exercise your right of access, amendment, cancellation, opposition, suppression, limitation and portability by sending a letter to the postal or electronic address indicated above. In the event that you consider that your rights have been violated, you may submit a complaint to the Andalusian Council for Transparency and Data Protection www.ctpdandalucia.es
Person in charge: Universidad de Jaén, Paraje Las Lagunillas, s/n; Tel.953 212121; www.ujaen.es
Data protection delegate (DPO): TELEFÓNICA, S.A.U. ; Email: dpo@ujaen.es
Procedure aim: To manage proper recordings of teaching sessions with the aim of facilitating learning process under a multimodal and/or online teaching
Period for record storage: Images will be kept during legal term according to regulations in force
Legitimacy: Data will be managed according to legal regulations (Organic Law 6/2001, December 21, on Universities) and given consent provided by selecting corresponding box in legal admission documents
Data recipients (transfers or assignments): Any person allowed to get access to every teaching modality
Rights: You may exercise your rights of access, rectification, cancellation, portability, limitation of processing, deletion or, where appropriate, opposition. To exercise these rights, you must submit a written request to the Information, Registration and Electronic Administration Service of the University of Jaen at the address above, or by e-mail to the address above. You must specify which of these rights you are requesting to be satisfied and, at the same time, you must attach a photocopy of your ID card or equivalent identification document. In case you act through a representative, legal or voluntary, you must also provide a document that proves this representation and identification. Likewise, if you consider that your right to personal data protection has been violated, you may file a complaint with the Andalusian Data Protection and Transparency Council www.ctpdandalucia.es