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	Elia Marzal Yetano	Derecho	ESP

Group	Teacher	Department	Language
Sec: B	Elia Marzal Yetano	Derecho	ESP

Group	Teacher	Department	Language
Sec: C	Elia Marzal Yetano	Derecho	ESP

Group	Teacher	Department	Language
Sec: D	Elia Marzal Yetano	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 and constitutional principles Topic 1. The Constitutional State 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. Other forms of political organisation: European Union and sub-national entities. 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 1978 Constitution Precedents, origins and content. History of Spanish constitutionalism: from the Cadiz Constitution of 1812 to the 2nd Republic's Constitution. The Franco dictatorship. The transition to democracy. The constituent process. The 1978 Constitution: historical influences and Comparative Law, general traits, structure and content. Topic 3. Constitutional principles The Spanish State as a Welfare State and State of Law: public powers subjugation to the Constitution and remaining legal system: principles of constitutionality and legality; fundamental rights; the separation of powers: the independent Judiciary; and control over the Administration's legality. The Democratic State: popular sovereignty, political pluralism and political participation. The Welfare State: constitutional principles and content. The economic Constitution: market economy and limits. Revised Article 135 in the Constitution: budget stability and financial sustainability. Non-confessional nature of the State. Political autonomy and the State of Autonomous Communities. Principle of European Union integration. Topic 4. Political representation and participation Political representation and representative democracy. Basic traits of the general electoral regime. Political parties: nautre and functions in the Democratic State. The legal regime governing political parties: freedom to create, internal democracy in their organisation and functioning; dissolution. Direct and semi-direct participation: referendums and grassroots legislative initiatives. Types of participatory democracy.

2. II Second part: Institutions Topic 5. 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 6. 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 7. The Government The Government's constitutional position. Formation of the Government and investiture of the President. Government composition and structure. The special position of the President. The Government's functions. Constitutional principles of the Public Administration. Topic 8. The Government and relation with the Cortes Generales Relations of trust and control between the Cortes Generales and the Government in a rationalised parliamentary system: investiture of the President of the Government (review), vote of no confidence, question of trust and early dissolution of the Cortes Generales. Ordinary control and political orientation. Topic 9. 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. Relations between the Cortes Generales and the Autonomous Community Government. Topic 10. 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 11. The Constitutional Court Constitutional justice and the concentrated system to control constitutionality in Spain. General traits of the Constitutional Court. Special status of the Constitutional Court. Composition, internal structure and statute governing its members. Constitutional functions and processes. Sentences and their effects. Dissenting opinions.

Teaching methodology: Lectures and practical sessions
Students will carry out practical exercises throughout the course, consisting of resolving case studies and reading pertinent jurisprudence.

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, 2015
- MIGUEL A. APARICIO et al, Manual de Derecho Constitucional., Atelier, Barcelona, 2012
- JOSEP Mª CASTELLÀ ANDREU (ed.), Derecho constitucional básico, Huygens, Barcelona, 2015.
- LUÍS LÓPEZ GUERRA et al., Derecho Constitucional, Tirant lo Blanch, Valencia, 2013
- JAVIER PÉREZ ROYO, Curso de Derecho Constitucional, Marcial Pons, Madrid- Barcelona, 2014

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	Elia Marzal Yetano	Derecho

Group	Teacher	Department
Sec: B	Elia Marzal Yetano	Derecho

Group	Teacher	Department
Sec: C	Elia Marzal Yetano	Derecho

Group	Teacher	Department
Sec: D	Elia Marzal Yetano	Derecho