MVV333K Czech Constitutional Law

Faculty of Law
Autumn 2022
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Ing. Mgr. Jaroslav Benák, Ph.D. (seminar tutor)
Guaranteed by
Ing. Mgr. Jaroslav Benák, Ph.D.
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 of Seminar Groups
MVV333K/01: Mon 26. 9. to Fri 16. 12. each even Thursday 16:00–17:40 215, J. Benák
Prerequisites
The course is taught in English. Command of English (at least B2 level) is, therefore, essential to participate in the course effectively.
  • International students are expected to be familiar with the basic structure of the constitutional system of their own country.
    • Course Enrolment Limitations
    The course is only offered to the students of the study fields the course is directly associated with.

    The capacity limit for the course is 20 student(s).
    Current registration and enrolment status: enrolled: 17/20, only registered: 3/20
    fields of study / plans the course is directly associated with
    Course objectives
    Students will familiarize themselves with the fundamental problems of the theory of the constitution and the values the constitution of the Czech Republic is based on. Students will learn how to interpret provisions of the constitutional order and how to deliver a reasoned analysis of some fundamental constitutional law problems.
    Learning outcomes
    At the end of the course, students will be able to:
  • orient themselves in the fundamental questions of constitutional law, such as the constitutional theory, sources of constitutional law of the Czech Republic and their relationship to sources of international law and the law of the EU;
  • use the rules of interpretation of the Constitution and other sources of constitutional law of the Czech Republic;
  • understand the organization of state power in the Czech Republic and the principles of the separation of powers;
  • compare relevant institutions of the Czech constitutional system with those of their own country;
  • deliver a reasoned analysis of some basic constitutional law problems.
    • Syllabus
    • 1) Introduction: Czech constitutional history, sources of the Czech constitutional aw, relationship to international and European law.
      2) We the People: constituent powers, social contract theories, referendum and other ways how people can be involved.
      3) Structure of the state: separation of powers, checks and balances.
      4) Laws in the making: parliament and other lawmaking bodies, legislative procedure.
      5) Constitutional review: Constitutional Court of Czechia and other institutions of judicial review.
      6) Human rights: Charter of the Fundamental Freedoms, ECHR, EU Charter, proportionality and other ways of balancing rights.
    Literature
      required literature
    • KOSAŘ, David a Ladislav VYHNÁNEK. The Constitution of Czechia. A Contextual Analysis. 1. vyd. Oxford: Hart Publishing, 2021. 256 s. Constitutional Systems of the World. ISBN 978-1-5099-2053-2. doi:10.5040/9781509920563.
      recommended literature
    • CHRONOWSKI, Nóra, Tímea DRINÓCZI a Tamara TAKÁCS, ed. Governmental systems of central and eastern European states. Warszawa: Oficyna, 2011. Monografie. ISBN 978-83-264-0209-8.
    • KOSAŘ, David and Ladislav VYHNÁNEK. The Constitutional Court of Czechia. In Admin von Bogdandy, Peter Huber, Christoph Grabenwarter. The Max Planck Handbooks in European Public Law, Vol. III: Constitutional Adjudication: Institutions. Oxford: Oxford University Press, 2020, p. 119-179. The Max Planck Handbooks in European Public Law, Volume III. ISBN 978-0-19-872641-8. info
    • KOSAŘ, David and Ladislav VYHNÁNEK. Constitutional Identity in the Czech Republic: A New Twist On An Old Fashioned Idea. In C. Calliess & G. Van der Schyff. Constitutional Identity in a Europe of Multilevel Constitutionalism. Cambridge: Cambridge University Press, 2019, p. 85-113. ISBN 978-1-108-61625-6. Available from: https://dx.doi.org/10.1017/9781108616256.005. info
    • TUSHNET, Mark V. Advanced introduction to comparative constitutional law. Northampton, MA, USA: Edward Elgar, 2014, vi, 133. ISBN 9781783473519. info
    Teaching methods
    classs discussion, asigned readings
    Assessment methods
    active in-class participation (10 %), individual and team assignments (60 %), final quizz (30 %)
    Language of instruction
    English
    Further Comments
    Study Materials
    The course is taught annually.
    • Enrolment Statistics (recent)
    • Permalink: https://is.muni.cz/course/law/autumn2022/MVV333K