Předmět Contemporary Issues in Federal and Multi-level Legal Systems (MVV178K)

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Materiál	Typ	Datum	Počet stažení

Cíl

At the end of the course students should be able to:identify the differences between unitary and federal systems ;understand and explain the nature of federalism and the complexities associated with this form of organisation from multidisciplinary perspectives ;possess basic knowledge about selected federal or quasi-federal legal systems, including their historical background, main characteristics, sources of law and governance arrangements ;make reasoned decisions about the principal problems and dilemmas of governance in selected federal and quasi-federal systems including the exercise of power by different levels of authority and the management and resolution of disputes between them.

Osnova

1. The common law and civil law legal systems; the organisation of the state; unitary and federal systems. This class will introduce students to the major legal families in the world and the different ways in which states in the modern world organise themselves. International norms are increasingly permeating domestic law. We will examine different approaches to the reception of international law within domestic legal systems in selected states with differing legal traditions;2. The Australian legal system in context. This class will examine the significance of federalism as a concept, a process and a goal. We will consider the sources of Australian law and the structural characteristics of the Australian federation comparatively against specific ‘federal’ criteria with a view to providing a theoretical framework within which further specific studies on federalism may be undertaken in subsequent classes;3. The European Union’s legal order. Often referred to as a quasi-federal system or an emerging post-national federation, the EU‘s constitutional order will in this class be examined against traditional models of federalism to determine the extent to which the EU resembles a federation and the implications of a federal vocation for its legitimation;4. Contemporary problems of federal constitutional law. This class will explore the mechanisms by which conflicts between different levels of authority are avoided, managed or resolved in federal systems (e.g. section 109 of the Australian Constitution; the Supremacy of EU law), drawing on jurisprudence in various federal or quasi-federal systems by way of illustration. Co-operation and coercion may be seen as alternative political responses to managing conflicting interests in federal or quasi-federal jurisdictions. We will consider how Australia and the EU choose to accommodate the interests of their States and Member States respectively (e.g. intergovernmental agreements, subsidiarity);5. Contemporary problems of EU Governance in an era of mixed sovereignty. This class will contextualise the European sovereign debt crisis from multidisciplinary perspectives. We will consider proposed solutions to the crisis and their potential bearing on the EU’s future constitutional development;6. Federalism; regionalism and decentralisation. This class will examine the dynamics of local and regional governance in the Australian federal system and in the European Union respectively.

Literatura

See Teacher’s Information for full details

Garant

doc. JUDr. Ing. Michal Radvan, Ph.D.

Vyučující

doc. JUDr. Ing. Michal Radvan, Ph.D.