Checking date: 19/06/2021


Course: 2022/2023

Constitutional justice and interpretation of the constitution
(13603)
Study: Bachelor in Law (206)


Coordinating teacher: PEREZ TREMPS, PABLO ENRIQUE ANGEL

Department assigned to the subject: Public State Law Department

Type: Electives
ECTS Credits: 3.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
Constitutional Law I: The Constitution and the system of legal sources https://aplicaciones.uc3m.es/reina/principal.do?codEstudio=206&codPlan=149#ui-tabs-4
Objectives
The purpose of this course is to get students to aknowledge how functioning of the Constitutional Court as well as its case-law. In order to achieve this, the main features of the constitucional justice will be analized, as well as the constitucional proceedings and the most relevant case-law since the establishment of the Court.
Description of contents: programme
CONSTITUTIONAL JUSTICE AND INTERPRETATION OF THE CONSTITUTION SYLLABUS 1. DESCRIPTION OF CONTENTS Lesson 1.- Basic concepts 1.1.-The constitutional justice debate 1.2.-Constitutional justice in Spain, background and characteristics. 1.3.-Rationale 1.4.-The Constitutional Court as the interpreter of the Constitution. 1.5.-The supremacy of the Constitutional Court from a procedural perspective. 1.6.-The regulatory framework of the constitutional justice in Spain. 1.7.- The distribution of powers. Lesson 2.- The Constitutional Court of Spain, organisational aspects 2.1.-Composition of the Constitutional Court 2.1.-The judges' statue. 2.3.-The autonomy of the Constitutional Court. 2.4.- The organisation and functioning of the Constitutional Court. Lesson 3.- Proceedings before the Constitutional Court (I): Monitoring regulations that have the force of law. 3.1.- Common features of the "constitutionality" control 3.2.-Previous control of the constitutionality of international treaties. Nature, legal standing, procedure, effects of the ruling. 3.3.-Previous control of Autonomy Statues. 3.4.-Action of Unconstitutionality. 3.4.1-Object. 3.4.2-Time-limit. 3.4.3 Legal standing. 3.4.4 Procedure. 3.4.5 The effects of the judgement. Lesson 4.- Proceedings before the Constitutional Court (II):question of unconstitutionality. 4.1.- The indirect control of regulations that have the force of law. 4.2.- Internal questions of unconstitutionality. Lesson 5.-Constitutional conflicts (I)Conflicts between constitutional bodies. 5.1..- Introduction 5.2.- Legal standing 5.3.- Object 5.4.- Procedure 5.5.- Judgement Lesson 6.-Constitutional conflicts (II) Conflicts of competence 61.- Conflicts between the State and the Autonomous Communities, or between Autonomous Communities. 6.1.1.- Introduction 6.1.2.- Positive conflicts 6.1.3.-Negative conflicts 6.2. Contestation under Title II of the LOTC 6.3. Conflicts in defense of local autonomy. Lesson 7.-The action for "amparo" (I) 7.1.-Introduction and main feature 7.2.-Protected rights 7.3.- Challengeable acts Lesson 8.-Action for "amparo" (II) 8.1.-Types of actions 8.2-Legal standing and litigants 8.3.-Subsidiarity requirement. 8.3.2-Having been part of the judicial procedure. 8.3.3- Exhaustion of judicial remedies. 8.3.4-The need to invoke a protected right. Lesson 9.-The action for "amparo" (III) 9.1.-Constitutional significance 9.2.-The application 9.3.-Time-limit 9.4.-Admissibility 9.5.-Processing 9.6.-Suspension 9.7.-The judgement Lesson 10.-The action for electoral "amparo" 10.1.-Regulation 10.2.-Scope. 10.3.-Challengeable acts 10.4.-Procedure Lesson 11.-Constitutional jurisdiction and other jurisdictions 11.1.-The ordinary jurisdiction and the Constitution 11.1.1.-The ordinary jurisdiction competences on constitutional matters. 11.1.2.-The Constitutional Court and the ordinary jurisdiction. 11.1.3.-Conflicts. 11.2.-The constitutional court and the European courts. Lesson 12.-Assessment of the constitutional justice 12.1.-The "constitutionalization" of the legal systems. 12.2.-Issues.
Learning activities and methodology
The course will have two main units. First, constitutional proceedings will be analyzed from a theoritecal perspective. Then, students will be working in groups tutored by the professor and will conduct research on relevant judgments. This research will presented and presented before the students.
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40

The course syllabus may change due academic events or other reasons.