Checking date: 22/01/2024

Course: 2023/2024

Public Law: History and the Present
Master in Advanced Studies in Public Law (Plan: 430 - Estudio: 361)

Coordinating teacher: MARTINEZ NEIRA, MANUEL

Department assigned to the subject: Criminal Law, Procedural Law and History Law Department

Type: Compulsory
ECTS Credits: 6.0 ECTS


Requirements (Subjects that are assumed to be known)
Not applicable
The ability to know and interpret history is essential in the formation of a lawyer , to the point that no thesis that there is no chapter on history. The story lets us know the right answers to social problems in different social , economic, religious contexts. But it is not known as a still photo answers that have been given, but learning to know why they have thus placing them in their historical, political , cultural , religious or social context. Ultimately diachronic understanding of law - why some specific answers to some problems in a given context and its evolution and change in other contexts , it is essential to synchronously know the answers to the current problems in different social and geographical models and the most suitable concrete faced by a lawyer in a particular legal system response problems . It is also necessary to anticipate, based on the lessons of the past interpreted correctly , the answers to the problems of the future that the law should provide.
Skills and learning outcomes
Description of contents: programme
Is that students acquire the ability of advanced training enabling him to interpret legal institutions in their historical dimension , so that not only understand the answers that society and therefore the law has been given to various problems , but comprising the reasons that have led to these responses as a result of cultural, religious, ideological , social, etc. . You must learn to discover the historical evolution of legal institutions the connections between all these factors and their interaction. Also be able to draw lessons from the history of the specific institutions and periods are exposed not only to learn about the past right but alive to extract lessons for current problems and even problems that may lie ahead . The emergence of modernity in the legal system allowed the birth of the public administration and the rule of law within the sources of law , in a legalistic perspective through the codes, as a guarantor perspective through the constitution . The experience of authoritarian regimes and the subsequent phenomenon of globalization profoundly affected this scheme , leaving emerge today a different interpretation of sovereignty , which emerge tackles new protagonist: the global financial market , international agencies, processes of non-state regulation, etc. . 1. From the monarch sovereignty to the sovereignty of the nation . Law and constitution in the revolutionary process . 2. Encoding in the liberal world. 3. Public Administration and the crisis of liberalism. 4. Authoritarianism and recoding of law. 5. Neoconstitutionalism Rights and in the global world . 6. Decoding and standardization processes of law.
Learning activities and methodology
In the development of the course the lectures with seminars, for which a number of readings shall be provided combined. Teachers will be available in time to support learning tutorials.
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Calendar of Continuous assessment
Basic Bibliography
  • Cassese, Sabino, . Derecho administrativo, historia y futuro. Global Law Press. 2014
  • Fioravanti, Maurizio,. Constitucionalismo,. Trotta,. 2016
Additional Bibliography
  • Stolleis, Michael, . Public Law in Germany. A historical introduction from the 16th to the 21st century. Oxford University Press. 2017

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