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Theory and Practice of Constitutionalism
Major: Law
Code of subject: 7.081.01.E.016
Credits: 5.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: V.B. Kovalchuk
Semester: 2 семестр
Mode of study: денна
Завдання: 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.
Learning outcomes: PC1.1. Ability to apply the theory and practice of constitutionalism.
PH1. Assess the nature and character of social processes and phenomena, and demonstrate an understanding of the limits and mechanisms of their legal regulation.
PH2. Correlate the modern system of civilizational values ??with legal values, principles and professional ethical standards.
PH 13. Analyze and evaluate the practice of application of individual legal institutions.
KN2 Critical understanding of problems in the field and on the border of the field of knowledge
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 subjects: State (constitutional) law of foreign countries, Constitutional process
Accompanying and subsequent academic disciplines: Ukraine and European integration
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.
Опис: 1. Constitutionalism as an idea and modern doctrine. The origin and development of the ideas of constitutionalism in the European and American legal tradition. Modern doctrine of constitutionalism and features of its formation in Ukraine.
2. The Constitution as the main source of constitutionalism. Main characteristics of modern constitutions. The Constitution as a constituent act of the people. Types of Constitutions. The Constitution as a product of European culture. Modern requirements of constitutional modernization in Ukraine.
3. Constitutional and legal status of a person and a citizen. Rights and freedoms as an element of the constitutional-legal status of a person and a citizen. Rights and freedoms as the main element of constitutionality and legitimacy of public power.
4. Constitutional and legal status of institutions of civil society. Main institutions of civil society. Constitutional and legal status of political parties as mediators between civil society and public authorities. Constitutional and legal foundations of interaction between public organizations and state authorities. The role of mass media in the constitutional and legal mechanism of civil control over the activities of authorities. Peculiarities of the formation and functioning of civil society in Ukraine.
5. Direct democracy as an effective mechanism for ensuring human rights and the foundations of constitutionalism. People's participation in the formation of public power as a guarantee of its constitutionality and legitimacy. People's participation in the rule-making process. The right to protest as a fundamental human right and the constitutional mechanisms for ensuring it.
6. Constitutional and legal principles of local self-government organization. Implementation and implementation of international legal standards of local self-government in the context of European integration. Subsidiarity: a characteristic feature of European constitutionalism. Decentralization and deconcentration of public authorities: constitutional and legal comments.
7. Parliamentarism as the basis of constitutionalism. Mechanisms for ensuring the democratic legislative process. Parliamentary opposition in the mechanism of ensuring constitutionality and legitimacy of authorities. Parliamentary reform in Ukraine: problems and prospects.
8. The role and place of executive power in a constitutional state. Constitutional and political control over the activities of higher state authorities. The constitutional and legal status of the President of Ukraine and the Cabinet of Ministers of Ukraine and its evolution in the context of the implementation of the principle of separation of powers.
9. Independence of the judiciary as a guarantee of the rule of law. Constitutional justice: modern challenges, threats and prospects for reform.The Constitutional Court of Ukraine as a constitutional judicial body.
10. Bodies of constitutional jurisdiction in the mechanism of ensuring the constitutionality and legitimacy of state power. Models of constitutional justice: American, European, French. Constitutional complaint. Peculiarities of constitutional control in Ukraine.
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.
Критерії оцінювання результатів навчання: 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.
Порядок та критерії виставляння балів та оцінок: 100–88 points – (“excellent”) is awarded for a high level of knowledge (some inaccuracies are allowed) of the educational material of the component contained in the main and additional recommended literary sources, the ability to analyze the phenomena being studied in their interrelationship and development, clearly, succinctly, logically, consistently answer the questions, the ability to apply theoretical provisions when solving practical problems; 87–71 points – (“good”) is awarded for a generally correct understanding of the educational material of the component, including calculations, reasoned answers to the questions posed, which, however, contain certain (insignificant) shortcomings, for the ability to apply theoretical provisions when solving practical tasks; 49-26 points - ("not certified" with the possibility of retaking the semester control) is awarded for ignorance of a significant part of the educational material of the component, significant errors in answering questions, inability to apply theoretical provisions when solving practical problems; 25-00 points - ("unsatisfactory" with mandatory re-study) is awarded for ignorance of a significant part of the educational material of the component, significant errors in answering questions, inability to navigate when solving practical problems, ignorance of the main fundamental provisions.
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.
1. Methodological guidelines for writing term papers by full-time and part-time students of the second (master's) level of higher education, specialty 081 "Law"/ Incl. O.I. Roma people Lviv: Publishing House of the National University "Lviv Polytechnic", 2020. 14 p.
2. Methodological guidelines for conducting practical (seminar) classes and independent work for students of the second (master's) level of full-time higher education, specialty 081 "Law"/ Incl. Kovalchuk V.B., Romtsiv O.I. Lviv: Publishing House of the Institute of Law, Psychology and Innovative Education of the Lviv Polytechnic National University, 2022. 52 p.
3. Methodological guidelines for conducting practical (seminar) classes, independent work and writing control papers by students of the second (master's) level of higher education of the correspondence form of study in the specialty 081 "Law"/ Incl. V.B. Kovalchuk, O.I. Roma people Lviv: Publishing House Institute of Law, Psychology and Innovative Education of the National University "Lviv Polytechnic", 2022. 55 p.
4. Electronic educational and methodological complex "Theory and practice of constitutionalism": http://vns.lpnu.ua/course/view.php?id=1302
Уніфікований додаток: Lviv Polytechnic National University ensures the realization of the right of persons with disabilities to obtain higher education. Inclusive educational services are provided by the Service of accessibility to learning opportunities "Without restrictions", the purpose of which is to provide permanent individual support for the educational process of students with disabilities and chronic diseases. An important tool for the implementation of the inclusive educational policy at the University is the Program for improving the qualifications of scientific and pedagogical workers and educational and support staff in the field of social inclusion and inclusive education. Contact at:
St. Karpinsky, 2/4, 1st floor, room 112
E-mail: nolimits@lpnu.ua
Websites: https://lpnu.ua/nolimits https://lpnu.ua/integration
Академічна доброчесність: The policy regarding the academic integrity of the participants of the educational process is formed on the basis of compliance with the principles of academic integrity, taking into account the norms "Regulations on academic integrity at the Lviv Polytechnic National University" (approved by the academic council of the university on June 20, 2017, protocol No. 35).
Theory and Practice of Constitutionalism (курсова робота)
Major: Law
Code of subject: 7.081.01.E.017
Credits: 2.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: Kovalchuk V.B.
Semester: 2 семестр
Mode of study: денна
Завдання: INT Ability to solve problems of research and/or
of an innovative nature in the field of law.
ZK2. Ability to conduct research at an appropriate level.
ZKZ Ability to search, process and analyze information from various sources.
ZK6. Ability to generate new ideas (creativity).
SK1 Ability to apply the principles of the rule of law to clarify complex tasks and problems, including in situations of legal uncertainty.
SK6 The ability to substantiate and motivate legal decisions, to give detailed legal arguments.
PK1.4 Form own reasoned judgments about
constitutional and legal mechanisms of limitation
public authority and ensuring human rights and freedoms
and citizen.
Learning outcomes: RN1. Assess the nature and character of social processes and phenomena, and demonstrate an understanding of the limits and mechanisms of their legal regulation.
RN 2. Correlate the modern system of civilizational values with legal values, principles and professional ethical standards.
RN 3. Conduct collection, integrated analysis and summarization of materials from various sources, including scientific and professional literature, databases, digital, statistical, test and other, and check them for
reliability using modern research methods.
RN 8. Assess the reliability of information and the reliability of sources, effectively process and use information for conducting scientific research and practical activities.
PS1.4 Form own reasonable judgments based on the analysis of a known problem.
Zn2 Critical understanding of problems in the field and on the border of the field of knowledge.
М1 Specialized skills/problem-solving skills necessary for conducting research and/or carrying out innovative activities in order to develop new knowledge and procedures
Required prior and related subjects: Previous academic subjects: State (constitutional) law of foreign countries, Constitutional process
Accompanying and subsequent academic disciplines: Ukraine and European integration
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.
Опис: 1. The origin and development of the ideas of constitutionalism in the European and American legal tradition.
2. Origin and development of ideas of Ukrainian constitutionalism.
3. Modern doctrine of constitutionalism and peculiarities of its formation in Ukraine.
4. Basic principles of modern constitutionalism.
5. Main characteristics of modern Constitutions.
6. The Constitution as a constituent act of the people.
7. Types of Constitutions. Approaches to understanding the Constitution.
8. The Constitution as a product of European culture.
9. Legitimacy of the Constitution. Formal and material Constitution.
10. Modern requirements of constitutional modernization in Ukraine.
11. Rights and freedoms as the main element of constitutionality and legitimacy of public power.
12. Constitutional and legal guarantees of ensuring human and citizen rights and freedoms.
13. Restriction of human rights as one of the conditions of constitutionalism.
14. Peculiarities of the constitutional and legal status of a person and a citizen in Ukraine.
15. Main institutions of civil society.
16. Constitutional and legal status of political parties as mediators between civil society and public authorities.
17. Constitutional and legal foundations of interaction between public organizations and state authorities.
18. The role of mass media in the constitutional and legal mechanism of civil control over the activities of authorities.
19. Peculiarities of the formation and functioning of civil society in Ukraine.
20. People's participation in the formation of public power as a guarantee of its constitutionality and legitimacy.
21. People's participation in the rule-making process.
22. The right to protest as a fundamental human right and the constitutional mechanisms for ensuring it.
23. The people are the bearer of sovereignty and the only source of power.
24. Mechanisms for ensuring the democratic legislative process.
25. Parliamentary opposition in the mechanism of ensuring the constitutionality and legitimacy of authorities.
26. Parliamentary control.
27. Parliamentary reform in Ukraine: problems and prospects.
28. Constitutional and political control over the activities of higher state authorities.
29. The constitutional and legal status of the President of Ukraine and the Cabinet of Ministers of Ukraine and its evolution in the context of the implementation of the principle of separation of powers.
30. The role and place of the body of constitutional jurisdiction in the system of higher state authorities.
31. Constitutional control as a means of legal protection of the Constitution.
32. The American model of constitutional justice.
33. European model of constitutional justice.
34. Constitutional complaint.
35. Peculiarities of constitutional control in Ukraine.
Assessment methods and criteria: oral survey
Критерії оцінювання результатів навчання: 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.
Порядок та критерії виставляння балів та оцінок: 100–88 points – (“excellent”) is awarded for a high level of knowledge (some inaccuracies are allowed) of the educational material of the component contained in the main and additional recommended literary sources, the ability to analyze the phenomena being studied in their interrelationship and development, clearly, succinctly, logically, consistently answer the questions, the ability to apply theoretical provisions when solving practical problems; 87–71 points – (“good”) is awarded for a generally correct understanding of the educational material of the component, including calculations, reasoned answers to the questions posed, which, however, contain certain (insignificant) shortcomings, for the ability to apply theoretical provisions when solving practical tasks; 49-26 points - ("not certified" with the possibility of retaking the semester control) is awarded for ignorance of a significant part of the educational material of the component, significant errors in answering questions, inability to apply theoretical provisions when solving practical problems; 25-00 points - ("unsatisfactory" with mandatory re-study) is awarded for ignorance of a significant part of the educational material of the component, significant errors in answering questions, inability to navigate when solving practical problems, ignorance of the main fundamental provisions.
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.
1. Methodological guidelines for writing term papers by full-time and part-time students of the second (master's) level of higher education, specialty 081 "Law"/ Incl. O.I. Roma people Lviv: Publishing House of the National University "Lviv Polytechnic", 2020. 14 p.
2. Electronic educational and methodological complex "Theory and practice of constitutionalism": http://vns.lpnu.ua/course/view.php?id=1302
Уніфікований додаток: Lviv Polytechnic National University ensures the realization of the right of persons with disabilities to obtain higher education. Inclusive educational services are provided by the Service of accessibility to learning opportunities "Without restrictions", the purpose of which is to provide permanent individual support for the educational process of students with disabilities and chronic diseases. An important tool for the implementation of the inclusive educational policy at the University is the Program for improving the qualifications of scientific and pedagogical workers and educational and support staff in the field of social inclusion and inclusive education. Contact at:
St. Karpinsky, 2/4, 1st floor, room 112
E-mail: nolimits@lpnu.ua
Websites: https://lpnu.ua/nolimits https://lpnu.ua/integration
Академічна доброчесність: The policy regarding the academic integrity of the participants of the educational process is formed on the basis of compliance with the principles of academic integrity, taking into account the norms "Regulations on academic integrity at the Lviv Polytechnic National University" (approved by the academic council of the university on June 20, 2017, protocol No. 35).