State (Constitutional) Law of Foreign Countries

Major: Law
Code of subject: 6.081.00.O.017
Credits: 3.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: Iryna Sofinska
Semester: 3 семестр
Mode of study: денна
Learning outcomes: Integral competence (INT): the ability to solve practical problems during the learning process and professional activities in law; to apply legal theories and methods based on current national legislation. General Competences (LC): LC7. Ability to learn and master modern knowledge. ZK8. The ability to be critical and self-critical. ZK9. Ability to work in a team. Special professional competencies (SPC): SPC2. Knowledge and understanding of the retrospective of the formation of legal and state institutions. SPC 7. Ability to apply knowledge of the tasks, principles and doctrines of national law, as well as the content of legal institutions, at least in such areas of law as constitutional law, administrative law and administrative procedural law, civil and civil procedural law, criminal and criminal procedural law. SPC 12. Ability to analyze legal issues, form and justify legal positions. SPC 16. Ability to logical, critical and systematic analysis of documents, understanding their legal nature and meaning. Program learning outcomes (PRO): PRO1. Determine the persuasiveness of arguments in the process of assessing previously unknown conditions and circumstances; PRO2. Analyze social processes in the context of the analyzed problem and demonstrate their own vision of ways to solve it; PRO4. Formulate their own reasonable judgments based on the analysis of a known problem; PRO5. Give a brief conclusion on certain factual circumstances (data) with sufficient justification; PRO6. Evaluate the disadvantages and advantages of arguments, analyzing a known problem; PRO8. Use a variety of information sources to fully and comprehensively establish certain circumstances; PRO13. Work in a group, forming your own contribution to the tasks of the group; PR16. Explain the nature and content of basic legal phenomena and processes; PRO17. Apply the acquired knowledge in different legal situations, highlight legally significant facts and form sound legal conclusions; PRO22. Be able to use constitutional and legal mechanisms and tools to guarantee human rights, ensure justice and democracy; PRO24. Demonstrate knowledge of legal norms that determine the organization and content of public authorities; PRO29. Analyze situational plots and solve legal problems. Communication (COM): COM 4. Explain the nature of certain events and processes with an understanding of the professional and social context. Autonomy and responsibility (AaR): AaR 1. Ability to adapt to new situations and make appropriate decisions; AaR 2. Ability to realize the need for lifelong learning in order to deepen the acquired and acquire new professional knowledge; AaR 4. Ability to demonstrate understanding of current legislation.
Required prior and related subjects: Previous academic disciplines: Theory of state and law; History of the state and law of foreign countries; Constitutional law of Ukraine. Related and the following disciplines: Substantive European Union Law; Public International Law; International Justice.
Summary of the subject: "Comparative Constitutional Law" is designed for undergraduate students (sophomores). The main aim is to form a holistic vision of students' application of the values and principles of constitutionalism (guaranteeing human rights, the rule of law, democracy) in the world, in particular in Germany, the United Kingdom, the United States, and France. The study of this discipline is aimed to form adequate students' understanding of the world order (experience of constitutional and legal regulation of social relations); students' awareness of the importance of legal norms governing the most important ties in all spheres of state and public life (constitutional law, namely the fundamental principles of constitutionalism, the formation of effective skills for the practical application of knowledge by analyzing the implementation of these norms). It is assumed that students have retained the necessary knowledge from previous courses in the theory of state and law, history of state and law of foreign countries, the constitutional law of Ukraine, and others. Mastering the material of this discipline will be necessary for further study of the basics of European Union law, international law, and international justice.
Assessment methods and criteria: Assessment of student learning outcomes is carried out following the 100-point assessment scale established at the University. The final grade in the discipline consists of assessing the PC learning outcomes during the semester and the assessment of learning outcomes during the control event during the SC - credit. The number of points allocated to the PC is 40 points. Credit control - 60 points. The maximum score in points for the discipline - 100 points.
Recommended books: 1. Constitutions Compared: An Introduction to Comparative Constitutional Law (Third Edition) (IUS Commune Europaeum) (Ius Commune: European and Comparative Law Series) / A.-W. Heringa, Ph. Kiiver. Intersentia Ltd; 3rd Revised edition (1 Aug. 2012) (in English) 2. The Oxford Handbook of Comparative Constitutional Law / Edited by Michel Rosenfeld and Andras Sajo, 1 416 p. (Nov 2012) (in English) 3. Comparative Constitutional Law, 3d (University Casebook Series) 3rd Edition by Vicki Jackson, Mark Tushnet. Foundation Press; 3rd edition (August 8, 2014) 1908 p. (in English) 4. Weiler J. H. H. (1991). ‘The Transformation of Europe.’ Yale Law Journal, Issue 100: pp. 2403-2483, 2418. (in English) 5. Constitutional law of foreign countries: a textbook. Edited by V. Shapoval. In Jure Publishing House, 2015 6. Constitutional law of foreign countries: a textbook / N. Mishina, V. Mikhalov, V. Kuranin and others. ; Ed. N. Mishina, V. Mikhalova. Kherson: OLDI-PLUS, 2019. 644 p. 7. The Constitution of the French Republic / V. Shapoval; 2018, 56 p. (URL: http://pravo.org.ua/img/books/files/1525439702fr_const_new_a5%20_web.pdf) 8. Sofinska I. Philosophical and legal vision of the doctrine of citizenship. Lviv: Kamenyar, 2018. 346 p 9. Shapoval V. Comparative Characteristics of the Sources of Constitutional Law of Ukraine and Foreign Countries. Sources of Constitutional Law of Ukraine. Kyiv: Naukova Dumka, 2010. P. 110–136. 10. Shapoval V. Fundamentals of the Theory of Constitutional Law. Parliamentarism and Lawmaking: Selected Lectures / Ed. : O. Kopylenko [etc.]; Kyiv: Institute of Legislation of the Verkhovna Rada of Ukraine, 2017. P. 174-197.