NP105Zk Constitutional Foundations of Public Power and its Organization

Faculty of Law
Autumn 2018
Extent and Intensity
0/0. 5 credit(s). Type of Completion: zk (examination).
Teacher(s)
Ing. Mgr. Jaroslav Benák, Ph.D. (lecturer)
prof. JUDr. Jan Filip, CSc. (lecturer)
Mgr. Pavel Kandalec, Ph.D., LL.M. (lecturer)
Mgr. Michal Matouš, Ph.D. (assistant)
Guaranteed by
prof. JUDr. Jan Filip, CSc.
Department of Constitutional Law and Political Science – Faculty of Law
Contact Person: Andrea Špačková, DiS.
Supplier department: Department of Constitutional Law and Political Science – Faculty of Law
Timetable
Fri 19. 10. 16:00–17:40 133, 18:00–19:40 133, Fri 30. 11. 12:00–13:40 133, 14:00–15:40 133, Fri 7. 12. 8:00–9:40 025, 10:00–11:40 025
Prerequisites (in Czech)
!OBOR(PR)
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
At the end of the course student should be able to interpret basic constitutional and other sources of the Czech constitutional law in the field of the public power and to orientate themselves in the judicature of the Constitutional Court especially concerning the problems of the public administration.
Learning outcomes
After finishing the course students will be able to identify and interpret the basic features of the development of the modern State (its organization, territory, legal order, the position of the individual) and compare it with previous types of state (public) power. They will be able to describe the challenges the modern State is facing to. He will distinguish between the public power and the private one, and between public and private law and on how to apply claims in this field including the separation of powers in general and in point of view of the Constitution of the Czech Republic in particular, and in response to it in the form of a solution of conflicts of competences and by filling of the constitutional complaints. Students will be able to differentiate between forms of state power and territorial self-government. Manifestations of public authority they will be able to explain on the principles of organization and functioning of the public authorities. The state organization students will be able to interpret both in terms of the state law, and in terms of relations with the EU.
Syllabus
  • 1. Constitutional features of state power. Legitimacy, legality, territorial sovereignty, territorial and personal eminent domain of the Czech Republic. 2. Forms of the exercise of the state power in the Czech Republic – by the people, by the state organs, by the organs of the self-government. 3. Separation and distribution of the state power in the Czech constitutional law, its conception. The role of the public administration. 4. Constitutional conception of a state organ and its office holders. Legal status of a state organ. 5. Form of government in the Czech Republic and the constitutional role of its public administration. 6. Legislative power and its relation to the public administration. 7. The government as the supreme body of the executive power. Legal status of the ministries and other central administrative agencies. The relation of the executive power to the legislative one. Member of Parliament and the public administration. 8. Constitutional foundations of the territorial self-government. 9. The bodies of the public power as a party to an action in the Constitutional Court
Literature
    required literature
  • FILIP, Jan. Ústavní právo.Učební text pro bakalářské studium (Constitutional Law. Textbook for bachelor study). 4. aktualizované a doplněné. v Brně: MU, 2015, 168 pp. učebnice - 519. ISBN 978-80-210-7845-1. info
  • FILIP, Jan, Jan SVATOŇ and Kateřina ŠIMÁČKOVÁ. Státověda. 3 dotisk 1.,vydání. Brno: Masarykova univerzita, 2015, 200 pp. učebnice - 524. ISBN 978-80-210-7972-4. info
    recommended literature
  • FILIP, Jan and Jan SVATOŇ. Státověda (Theory of State and Politics). 5th ed. Praha: Wolters Kluwer, 2011, 264 pp. ISBN 978-80-7357-685-1. URL info
    not specified
  • KLÍMA, Karel. Teorie veřejné moci (vládnutí). 3., přepracované vydání. Praha: Wolters Kluwer, 2016, 427 stran. ISBN 9788075523310. info
Teaching methods
Lectures to the basic problems, homework, e-lerning, home exercises with the recommended judicature and the selected laws
Assessment methods
oral exam
Language of instruction
Czech
Further comments (probably available only in Czech)
Study Materials
The course is taught annually.
Information on the extent and intensity of the course: 12 hod. přednášek za semestr / 12 hrs of lectures per semester.
The course is also listed under the following terms Autumn 2010, Autumn 2011, Autumn 2012, Autumn 2013, Autumn 2014, Autumn 2015, Autumn 2016, Autumn 2017, Autumn 2019, Autumn 2020, Autumn 2021, Autumn 2022, Autumn 2023, Autumn 2024.
  • Enrolment Statistics (Autumn 2018, recent)
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