Checking date: 23/06/2020

Course: 2020/2021

Constitutional systems and fundamental rights protection
Study: Master in Advanced Studies in Human Rights (67)

Coordinating teacher: BAAMONDE GOMEZ, LAURA

Department assigned to the subject: Department of Public State Law

Type: Compulsory
ECTS Credits: 5.0 ECTS


Competences and skills that will be acquired and learning results.
Students will know in depth and will develop the required dexterity and expertise on the fundamental rights constitutional guarantees, as provided for by the Constitution, the Constitutional Court Organic Law, the Ombudsman Organic Law, the Judicial Power Organic Law... Students will adquire the required dexterity on the research of the principal case-law on the subject. Additionally, students will develop the required skills related to the practical application to concrete events (for instance, in contexts of professional counselling or activities on behalf of somebody interests) as well as the completion of reports, judgements, monographic studies, not only with a practical-professional dimension, but also as a way of initiation to the academic research, (previous to doctorate) or even to the studies, analysis and prospective in both public and private centers.
Description of contents: programme
1. The fundamental righs in the Spanish Constitution 1.1. General aspects. Meaning and function 1.2. Efficiency 1.3. Limits 1.4. Interpretation criteria 2. Entitlement and exercising of the fundamental rights 3. Principle of equality 4. The constitutional system of fundamental rights guarantees 4.1. Concept and guarantees types 4.2. Guarantees derivative from the constitutional supremacy: multiplicity of systems of constitutionality control. The Spanish system of constitutionality control. 4.3. Normative guarantees 4.4. Non-jurisdictional guarantees: Institutions for the protection of fundamental rights; especial mention to the Ombudsman 4.5. Judicial protection of the fundamental rights: judicial protection and constitutional protection 5. The emergency states and the fundamental rights cancellation
Learning activities and methodology
The face-to-face lectures will expand on the study of the subject main contents, with professor explanations and comments on regulatory, jurisprudencial and academic texts. Some other lessons will be totally or partially devoted to solve practical cases. The subject coordinator as well as the rest of the professors involved in the teaching will stablish a schedule for tutorial meetings, during which some problems of constitutional interpretation could be tackled, and the study of the institutions focused in this subject could be expanded, especially for the students not having previous juridic competences.
Assessment System
  • % end-of-term-examination 90
  • % of continuous assessment (assigments, laboratory, practicals...) 10
Basic Bibliography
  • Francisco J. BASTIDA y otros. Teoría general de los derechos fundamentales en la Constitución Española de 1978. Tecnos. 2004
  • Javier TAJADURA TEJADA. Los derechos fundamentales y sus garantías. Tirant lo Blanch. 2015
  • Luis Mª DÍEZ-PICAZO. Sistema de derechos fundamentales. Civitas. 2013
  • Pablo PÉREZ TREMPS. Sistema de justicia constitucional. Civitas. 2019
  • RUIZ ROBLEDO, A.. Constitutional Law in Spain. Kluwer Law International. Second Edition

The course syllabus and the academic weekly planning may change due academic events or other reasons.