PrF:MX003K Twilight of Constitutionalism - Course Information

MX003K The Twilight of Constitutionalism

Extent and Intensity

2/0/0. 3 credit(s). Type of Completion: k (colloquium).
In-person direct teaching

Teacher(s)

prof. JUDr. David Kosař, Ph.D., LL.M., J. S. D. (lecturer)
JUDr. Zuzana Vikarská, MJur, MPhil, Ph.D. (lecturer)
JUDr. Ladislav Vyhnánek, Ph.D., LL.M. (lecturer)
doc. JUDr. PhDr. Robert Zbíral, Ph.D. (lecturer)

Guaranteed by

JUDr. Ladislav Vyhnánek, Ph.D., LL.M.
Judicial Studies Institute – Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Judicial Studies Institute – Faculty of Law

Course Enrolment Limitations

The course is offered to students of any study field.
The capacity limit for the course is 50 student(s).
Current registration and enrolment status: enrolled: 0/50, only registered: 84/50, only registered with preference (fields directly associated with the programme): 0/50

Course objectives

The course focuses on the main questions surrounding the emergence and existence of the modern constitutional state. It is designed as a multidisciplinary course, combining the points of view of constitutional law, political theory and history. The aim is to make the students acquainted with the main discussions concerning the modern constitutional state, including its legitimacy, sovereignty, democracy, the rule of law or fundamental rights. Even though it aims to “transfer existing knowledge”, the course will also show that most of the fundamental constitutional questions allow for more than one answer and that the search for the optimal constitution is still underway and will likely never be over.

Learning outcomes

The student will:
- know and understand the kbasice problems of modern constitutional law and political theory;
- be able to write an analytical essay/reaction paper concerning constitutional theoretical issues;
- identify and analyze the roots and background of modern constitutional law;

Syllabus

• 1. The concept of constitutionalism. Emergence of the constitutional state.
• 2. Why should we be governed? Social contract and the problem of state legitimacy from Hobbes until today.
• 3. No arbitrary power. Rule of law and Rechtstaat.
• 4. We the people. Equality, democracy and popular sovereignty.
• 5. Direct democracy and representative democracy.
• 6. Separation of powers as a guarantee of liberty?
• 7. Constitutional courts and the “new constitutionalism”.
• 8. Fundamental rights I. The concept and its emergence.
• 9. Fundamental rights vs. democracy. The anti-majoritarian difficulty.
• 10. Fundamental rights in the 21st century. Case studies.
• 11. The cross-section of all problems. Elections and voting rights.
• 12. Peer-review constitutionalism. International and supranational organizations and their impact on traditional constitutional concepts.

Literature

recommended literature
• SOMEK, Alexander. The cosmopolitan constitution. First edition. Oxford: Oxford University Press, 2014, xii, 291. ISBN 9780198797944. info

not specified
• Mandatory readings are always included in a pdf form in the electronic syllabus (approx. 20 pages per class/240 pages per semester).

Teaching methods

Lectures, guided discussion, student reaction papers are discussed in the corresponding class. Students are expected to prepare for classes (mandatory readings, approx. 40 pages per class, are uploaded in the electronic syllabus as pdf files).

Assessment methods

In order to pass, a combination of in-class activity and four short (aaprox. 2 pages each) reaction papers are required. The reaction papers are then discussed in the corresponding class.

Language of instruction

English

Further Comments

Study Materials
The course is taught annually.
The course is taught: every week.

• Enrolment Statistics (recent)
  
• Permalink: https://is.muni.cz/course/law/spring2025/MX003K