Derecho Constitucional I (GED70050)

General information

Type:	OB	Curs:	1	Period:	S semester
ECTS Credits:	5 ECTS

Teaching Staff:

Group	Teacher	Department	Language
Sec: A	José María Castellà Andreu	Derecho	ESP
Sec: A	Elia Marzal Yetano	Derecho	ESP

Group	Teacher	Department	Language
Sec: B	Elia Marzal Yetano	Derecho	ESP
Sec: B	José María Castellà Andreu	Derecho	ESP

Workload distribution:

- Classroom-based activities: 40% of total credits
- Guided activities: 20% of credits
- Independent study: 40% of the credits

The aim of this course, as an introduction to Constitutional Law, is to provide Bachelor in Law students with a sound understanding of the Spanish constitutional system and the nature of the Spanish State. Within this context, this course contributes to the programme by providing the comprehensive theoretical knowledge required by students.

Students should be able to:
- Situate the State defined by the 1978 Spanish Constitution as a constitutional government, understanding the concept and meaning of the constitutional norms in that type of state.
- Understand the structure and functioning of the Spanish constitutional system defined by the 1978 Constitution, identifying the historical constitutional precedents, the basic principles defining the State (Welfare State, Democratic State of Law, State of Autonomous Communities), as well as the different public institutions or constitutional bodies, their functions and how they interrelate.

3. Taking decisions / making judgments

9. Autonomy, independence, initiative, pro-activeness

1. I First part: The Constitutional State Topic 1. The Constitution and Constitutional Law Concepts of Constitution. Change in constitutionalism in the contemporary State. Constitutive power, power to reform and constituted powers. Political and legal functions of the Constitution. Constitutional Law as a branch of Law. Topic 2. The State and types of State and government Concept of State. The elements constituting the State and its attributes: territory, people and power; sovereignty and legal system. State and Nation. Types of States and government. State of Law, Democratic State and Welfare State. The State's territorial structure: unitary and composite states. The separation of powers principle and types of government.

2. II Second part: Introduction to the Spanish constitutional system Topic 3. The 1978 Spanish Constitution Precedents, origin and content. Evolution of Spanish historical constitutionalism. The transition to democracy and the constitutional process. The 1978 Constitution: historical influences and comparative law, general traits, structure and content. Constitutional reform: initiative, proceedings and limits. Openness to supra-national European integration. Topic 4. The Spanish State as a Welfare State and Democratic State of Law (I) State of Law concepts and elements. Public authorities' submission to the Constitution and to the rest of the legal system: principles of constitutionality and legality; the principles outlined in Article 9.3 of the Spanish Constitution. Fundamental rights. The separation of powers. The independent Judiciary and control over the legality of the Administration. Topic 5. The Spanish State as a Welfare State and Democratic State of Law (II) The Democratic State and the Welfare State: The Democratic State: popular sovereignty, political pluralism and participation. The people as the constituent power and constituted power. Political representation. Basic features of the general electoral regime. The role of political parties in the Democratic State. The legal regime for political partiies: freedom of creation and activity, internal democracy and dissolution. Direct participation: popular legislative initiative and referendum. Types of participatory democracy. The Welfare State: constitutional principles and content. The economic Constitution: market economy and limits. Modified Article 135 in the Spanish Constitution: budgetary stability and financial sustainability. Topic 6. The Spanish State as a State of Autonomous Communities Constitutional principles of the State of Autonomous Communities: unity, autonomy and solidarity. General traits of the State of Autonomous Communities and differences with respect to other models. Scope of the regulatory principles. The function of the Statute of Autonomy in a State of Autonomous Communities. The creation of the Autonomous Communities and development of the State of Autonomous Communities. The latest statutory reforms, in particular, the 2006 Catalan Statute. Local autonomy.

3. III Third part: Institutions Topic 7. Parliamentary Monarchy and the Crown Parliamentary Monarchy as a form of government. The Crown's constitutional position. Functions and attributes. The King's legal statute and endorsement. Topic 8. The Cortes Generales (the Spanish Parliament) Constitutional position of the parliament. Bi-cameral parliament: House of Representatives and Senate. Composition and the electoral system corresponding to the election of representatives and senators. Internal organisation and functions: legal statute governing members of parliament. Topic 9. The Government and relation with the Cortes Generales The constitutional position of the Government. Composition and organisation of the Government. Government's functions. Relations of trust and control between the Cortes Generales and the Government in a rationalised parliamentary system: investiture of the President of the Government, vote of no confidence, question of trust and early dissolution of the Cortes Generales. ordinary control and political orientation. Special constitutional position of the President of the Government. Public administration: constitutional principles regarding its organisation and functioning. The Advisory Council. Topic 10. Autonomous Community institutional system Constitutional framework and statutory previsions. Similarities and differences with the central government structure. The role of direct and participatory democracy: referendums. The Parliament: electoral regime and parliamentary statutes. The President of the Autonomous Community and its Government Council. Guarantee and control entities. Topic 11. The Judiciary The jurisdictional function. The constitutional position of the Judiciary. Organisation of the Judiciary. The statute governing judges. The Judiciary's governing body: Consejo General del Poder Judicial. The Judiciary and State of Autonomous Communities: "Managing the Judicial Administration". Attorney General's Office. Topic 12. The Constitutional Court Constitutional justice and the concentrated system to control constitutionality in Spain. General traits of the Constitutional Court. Composition, internal structure and statute governing its members. Constitutional functions and processes.

ASSESSMENT BREAKDOWN

In general, students are advised to use the textbooks commonly recommended for the study of Constitutional Law in Spanish universities. The following publications are those that are best suited to this programme:

- ENRIQUE ÁLVAREZ CONDE y ROSARIO TUR, Derecho Constitucional, Tecnos, Madrid, 2012
- MIGUEL A. APARICIO et al, Manual de Derecho Constitucional., Atelier, Barcelona, 2012
- JOSEP Mª CASTELLÀ ANDREU (ed.), Derecho constitucional básico, Huygens, Barcelona, 2014.
- LUÍS LÓPEZ GUERRA et al., Derecho Constitucional, Tirant lo Blanch, Valencia, 2010
- JAVIER PÉREZ ROYO, Curso de Derecho Constitucional, Marcial Pons, Madrid- Barcelona, 2012

The use of the latest edition of a political law collection is also essential. The most complete publications are published by Aranzadi, Civitas and Tecnos.

Group	Teacher	Department
Sec: A	José María Castellà Andreu	Derecho
Sec: A	Elia Marzal Yetano	Derecho

Group	Teacher	Department
Sec: B	Elia Marzal Yetano	Derecho
Sec: B	José María Castellà Andreu	Derecho