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Theory and Practice of Constitutionalism
Major: Law
Code of subject: 7.081.01.E.020
Credits: 5.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: V.B. Kovalchuk
O.I. Romtsiv
Semester: 2 семестр
Mode of study: денна
Learning outcomes: Integral competence (INT) The ability to solve problems of a research and/or innovative nature in the field of law.
General competences (GС):
GС1. Ability to abstract thinking, analysis and synthesis.
GС2. Ability to conduct research at an appropriate level.
GС3. Ability to search, process and analyze information from various sources.
Special (professional subject competencies
SС1 Ability to apply the principles of the rule of law to clarify complex tasks and problems, including in situations of legal uncertainty.
PC1.3. Ability to apply the theory and practice of constitutionalism.
RN1. Assess the nature and character of social processes and phenomena, and demonstrate an understanding of the limits and mechanisms of their legal regulation.
RN2. Correlate the modern system of civilizational values ??with legal values, principles and professional ethical standards.
RN 3. Collect, integrate analysis, and summarize materials from various sources, including scientific and professional literature, databases, digital, statistical, test, and others, and check them for reliability using modern research methods.
RN 4. Make a presentation of your research on a legal topic, using primary sources and techniques of legal interpretation of complex complex problems arising from this research, argue the conclusions.
RN 13. Analyze and evaluate the practice of application of individual legal institutions.
PS1.3 To reproduce deep knowledge in the field of theory and practice of constitutionalism.
KN1 Specialized conceptual knowledge that includes modern scientific achievements in the field of professional activity or field of knowledge and is the basis for original thinking and conducting research.
SK1 Specialized skills/problem-solving skills necessary for conducting research and/or carrying out innovative activities in order to develop new knowledge and procedures
SK2 Ability to integrate knowledge and solve complex problems in broad or multidisciplinary contexts
K1 Clear and unambiguous presentation of one's own knowledge, conclusions and arguments to specialists and non-specialists, in particular, to persons who are studying
AB2 Responsibility for contributing to professional knowledge and practice and/or evaluating the results of team and collective activities
Required prior and related subjects: Previous academic disciplines: Constitutional law of Ukraine, State (constitutional) law of foreign countries, Constitutional process
Associated and subsequent academic disciplines: Organization of power in the European Union
Summary of the subject: The study discipline "Theory and Practice of Constitutionalism" is taught to students of the master's program of the Educational and Scientific Institute of Law and Psychology. It forms a holistic vision of future specialists regarding the essence and content of constitutionalism as a modern political and legal doctrine of the limitation of power, the foundations of the theory of the Constitution as a source of constitutionalism, the constitutional and legal status of a person and a citizen, institutions of civil society, direct democracy as an effective mechanism for ensuring human rights and the foundations of constitutionalism , modern parliamentarism, the role and place of executive power in a constitutional state, bodies of constitutional jurisdiction in the mechanism of ensuring the constitutionality and legitimacy of state power.
In this regard, the theory and practice of constitutionalism as an educational discipline focused on the study of constitutional reality acquires the importance of a certain foundation, on the one hand, for further education, on the other hand, as generalizing legal knowledge, a guarantee of successful professional training of a law student.
Assessment methods and criteria: The methods of assessing the level of achievement of learning outcomes of education seekers are: oral survey at practical (seminar) classes; performance of an individual research task; control work. Evaluation of the student's learning results is carried out based on PC results in accordance with the 100-point evaluation scale established at the University.
Evaluation of the student's learning results is carried out in accordance with the 100-point evaluation scale established by the University. The final grade for the academic discipline consists of the PC assessment of the study results during the semester and the assessment of the study results during the control event during the SK exam. The number of points assigned to the PC is 40 points. Examination control - 60 points. The maximum total score for each discipline is 100 points.
Recommended books: 1. Barabash Y. G. Essays on constitutional law: coll. of science pr. / Yu. G. Barabash. Kh.: Pravo, 2012. 160 p.
2. Golovatyy S. The rule of law: monogr. : in 3 books / S. Golovaty. K.: Vidvo "Fenix", 2006. 1747 p.
3. Kovalchuk V. B. Civil society in Ukraine: current state, challenges, modernization strategy: monograph. Kyiv: Legal Opinion, 2018. 676 p.
4. Kovalchuk V. B. Constitutionalism and the foundations of democracy: theoretical and legal dimension. Part 1: collective monograph / V. B. Kovalchuk, S. M. Bilostotskyi, M. M. Blihar, I. I. Zabokrytskyi, I. D. Sofinska. Lviv: FOP Svynarchuk Roman Viktorovych, 2019. 272 ??c.
5. Kovalchuk V. B. Constitutionalism and the foundations of democracy: theoretical and legal dimension. Part 2: monograph / V. B. Kovalchuk, O. B. Kovalchuk, S. I. Ishchuk, O. I. Romtsiv, I. D. Sofinska. Lviv: FOP Svynarchuk Roman Viktorovych, 2020. 238 c.
6. V. B. Kovalchuk Functioning of state authorities in the conditions of modern constitutionalism: a collective monograph / V. B. Kovalchuk, S. M. Bilostotskyi, I. I. Zabokrytskyi, R. S. Martyniuk, I. D. Sofinska. Lviv: FOP Svynarchuk Roman Viktorovych, 2020. 271 c.
7. Constitutions of the new states of Europe and Asia / edited by S. Golovaty. K.: Ukrainian Legal Foundation; Vidvo "Pravo", 1996. 544 p.
8. Problems of modern constitutional studies: teaching. manual Vol. 4. Constitutional humanitarian law / in general ed. A. R. Krusyan, A. A. Yezerova. Kyiv: Yurinkom Inter, 2018. 524 p.
Theory and Practice of Constitutionalism (курсова робота)
Major: Law
Code of subject: 7.081.01.E.021
Credits: 2.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: V.B. Kovalchuk
O.I. Romtsiv
Semester: 2 семестр
Mode of study: денна
Learning outcomes: Integral competence (INT) The ability to solve problems of a research and/or innovative nature in the field of law.
General competences (GС):
GС1. Ability to abstract thinking, analysis and synthesis.
GС2. Ability to conduct research at an appropriate level.
GС3. Ability to search, process and analyze information from various sources.
Special (professional subject competencies
SС1 Ability to apply the principles of the rule of law to clarify complex tasks and problems, including in situations of legal uncertainty.
PC1.3. Ability to apply the theory and practice of constitutionalism.
RN1. Assess the nature and character of social processes and phenomena, and demonstrate an understanding of the limits and mechanisms of their legal regulation.
RN2. Correlate the modern system of civilizational values ??with legal values, principles and professional ethical standards.
RN 3. Collect, integrate analysis, and summarize materials from various sources, including scientific and professional literature, databases, digital, statistical, test, and others, and check them for reliability using modern research methods.
RN 4. Make a presentation of your research on a legal topic, using primary sources and techniques of legal interpretation of complex complex problems arising from this research, argue the conclusions.
RN 13. Analyze and evaluate the practice of application of individual legal institutions.
PS1.3 To reproduce deep knowledge in the field of theory and practice of constitutionalism.
KN1 Specialized conceptual knowledge that includes modern scientific achievements in the field of professional activity or field of knowledge and is the basis for original thinking and conducting research.
SK1 Specialized skills/problem-solving skills necessary for conducting research and/or carrying out innovative activities in order to develop new knowledge and procedures
SK2 Ability to integrate knowledge and solve complex problems in broad or multidisciplinary contexts
K1 Clear and unambiguous presentation of one's own knowledge, conclusions and arguments to specialists and non-specialists, in particular, to persons who are studying
AB2 Responsibility for contributing to professional knowledge and practice and/or evaluating the results of team and collective activities
Required prior and related subjects: Previous academic disciplines: Constitutional law of Ukraine, State (constitutional) law of foreign countries, Constitutional process
Associated and subsequent academic disciplines: Organization of power in the European Union
Summary of the subject: Course work on the theory and practice of constitutionalism is one of the important types of individual tasks of students. The peculiarity of this type of task is due to the specificity and significance of the discipline "Theory and Practice of Constitutionalism". It forms a holistic vision of future specialists regarding the essence and content of constitutionalism as a modern political and legal doctrine of the limitation of power, the foundations of the theory of the Constitution as a source of constitutionalism, the constitutional and legal status of a person and a citizen, institutions of civil society, direct democracy as an effective mechanism for ensuring human rights and the foundations of constitutionalism , modern parliamentarism, the role and place of executive power in a constitutional state, bodies of constitutional jurisdiction in the mechanism of ensuring the constitutionality and legitimacy of state power.
Assessment methods and criteria: Assessment of student learning outcomes is carried out in accordance with the 100-point assessment scale established at the Lviv National Polytechnic University, in accordance with the Regulations on rating assessment of student achievement.
The main conditions for the assessment are the following:
100-88: The course paper is done on time, independently and provides full disclosure of the topic. The subject of the research is correctly defined. The purpose and objectives are clearly defined and implemented in the study. The author uses modern analytical and methodological tools. The paper contains elements of novelty and is characterized by high quality and depth of theoretical and methodological analysis, critical review of sources of literature and the presence of scientific issues. Generalizations and conclusions are based on a qualitatively developed information base, which allows to clearly define the author's position. The paper develops significant aspects of the implementation of recommendations.
The answer is substantiated, illustrated with impeccably designed visual materials, testifies to the formulation of the student's own opinion on the subject of research and is logical, complete. The answers to the questions are correct and concise.
87-71: The course paper is done on time, theoretical generalizations and conclusions of the analytical part are mostly correct. However, there are insignificant shortcomings in the identified logic of the proposed measures to solve problems, the rationale that affects the depth of personal analysis of the student's factual information. The use of modern analytical tools is limited. The author's proposals submitted in this paper do not fully contain an analytical justification for the expediency of their implementation.
The student's answer is full of factual information that reflects the relevant results of the study. The answers to the questions are correct, but not always complete or specific.
70-50: The topics of the course paper are mostly covered, but have shortcomings of a substantive nature. The theoretical and analytical part and proposals are reasonably unconvincing, there are no reasoned author's generalizations and conclusions. There are remarks on the logic and consistency of the presented material, which is descriptive. The paper is carelessly submitted.
The student does not know certain issues of the topics, not all answers to the questions are correct or complete. Visual materials do not fully reflect the content of the paper.
49-0: There is no logic the structure of the study. There is no understanding of the purpose, tasks and, subject of research in the work. The names of individual sections do not correspond to their content. Theoretical analysis and determination of the state of the processes under consideration are of a compilation nature, there are no references to the used sources of literature. There is no independence of judgments in the proposed recommendations and proposals.
The course paper is not allowed to be defended:The paper was submitted in violation of the deadlines set by the department. The response of the supervisor is negative. There is not at least one of the required structural parts in the paper. The content of the paper does not correspond to the chosen topic or the presented material does not correspond to the topic or the content of the paper. The logic of the presented material is broken. The content of the sections is unrelated.
Facts of copying material from other sources without references (plagiarism) are revealed.
The course paper does not meet the requirements.
Recommended books: 1. Barabash Y. G. Essays on constitutional law: coll. of science pr. / Yu. G. Barabash. Kh.: Pravo, 2012. 160 p.
2. Golovatyy S. The rule of law: monogr. : in 3 books / S. Golovaty. K.: Vidvo "Fenix", 2006. 1747 p.
3. Kovalchuk V. B. Civil society in Ukraine: current state, challenges, modernization strategy: monograph. Kyiv: Legal Opinion, 2018. 676 p.
4. Kovalchuk V. B. Constitutionalism and the foundations of democracy: theoretical and legal dimension. Part 1: collective monograph / V. B. Kovalchuk, S. M. Bilostotskyi, M. M. Blihar, I. I. Zabokrytskyi, I. D. Sofinska. Lviv: FOP Svynarchuk Roman Viktorovych, 2019. 272 ??c.
5. Kovalchuk V. B. Constitutionalism and the foundations of democracy: theoretical and legal dimension. Part 2: monograph / V. B. Kovalchuk, O. B. Kovalchuk, S. I. Ishchuk, O. I. Romtsiv, I. D. Sofinska. Lviv: FOP Svynarchuk Roman Viktorovych, 2020. 238 c.
6. V. B. Kovalchuk Functioning of state authorities in the conditions of modern constitutionalism: a collective monograph / V. B. Kovalchuk, S. M. Bilostotskyi, I. I. Zabokrytskyi, R. S. Martyniuk, I. D. Sofinska. Lviv: FOP Svynarchuk Roman Viktorovych, 2020. 271 c.
7. Constitutions of the new states of Europe and Asia / edited by S. Golovaty. K.: Ukrainian Legal Foundation; Vidvo "Pravo", 1996. 544 p.
8. Problems of modern constitutional studies: teaching. manual Vol. 4. Constitutional humanitarian law / in general ed. A. R. Krusyan, A. A. Yezerova. Kyiv: Yurinkom Inter, 2018. 524 p.