Předmět Constitutional Adjudication – Morphology, Genealogy and Legitimacy (SOC042)

Na serveru studentino.cz naleznete nejrůznější studijní materiály: zápisky z přednášek nebo cvičení, vzorové testy, seminární práce, domácí úkoly a další z předmětu SOC042 - Constitutional Adjudication – Morphology, Genealogy and Legitimacy, Právnická fakulta, Masarykova univerzita (MU).

Materiál	Typ	Datum	Počet stažení

Cíl

Constitutional democracy is nowadays the dominant form of representative government in the world. Of this regime there is no comprehensive political theory. Next to political branches, elected and accountable to the voters through competitive elections, this form of government encompasses judicial organs exercising normative power through constitutional adjudication. This aspect of the judicial review will be analyzed considering the functions of Constitutional/Supreme courts in the world (focusing mainly on the countries that have, outside the US, the longest experience). Using an ideal typical taxonomy based on mechanisms of referral we will distinguish different effects of Courts’ decisions on the working of the political and constitutional system. Some attention will be devoted at the historical origin of constitutional adjudication. Next to the main descriptive dimension of the seminar we will discuss the old question of the legitimacy of non-elected and non-accountable (to the voters) organs in democratic societies.The institution that we will spend the most time studying is the Constitutional Court, which was invented in Austria following World War I, as a part of the new Austrian constitutional government. It was then “reinvented” following the Second World War in Germany and Italy and has been copied widely. But there are also other traditions of constitutional adjudication which locate the power to conduct constitutional review in a Supreme Court (which has also other judicial functions) as is done in the United States and Canada. Indeed there are much older traditions of constitutional adjudication that can be traced far back in history.

Osnova

Class 1: Introduction – typology of constitutional adjudicationClass 2: Italy – the Constitutional Court as judge of applied lawClass 3: Germany – constitutional complaintsClass 4: France – from saisine parlementaire to QPCClass 5: United States – judicial reviewClass 6: Commonwealth model I. – Canada (“moderate judicial review”)Class 7: Commonwealth model II. – New Zealand, UK, Australia (“weak judicial review”)Class 8: South Africa – constitutional court in the one-party StateClass 9: Israel – strong judicial review without a written constitutionClasses 10-11: student presentations of outlinesClass 12: Legitimacy of constitutional adjudication – summation and reflections

Literatura

Reading materials are available via the course IS.MUNI website. Depending on student interest, a few additional materials, handouts, and court rulings may be distributed in class.

Požadavky

Prerequisite: An introductory course in constitutional law in student’s home country (can be waived under exceptional circumstances).Recommended: Acquaintance with the basic constitutional history and architecture of one or more countries other than the student's home country is recommended, as are keen interest in comparative constitutionalism. Throughout the course, we will occasionally touch upon essentials of constitutional theory. No prior background in this area is required.

Garant

JUDr. David Kosař, Ph.D., LL.M., J. S. D.

Vyučující

JUDr. David Kosař, Ph.D., LL.M., J. S. D.Mgr. Bc. Jan Petrov