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Theory and Practice of Constitutionalism
Major: Law
Code of subject: 7.081.01.E.015
Credits: 5.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: V.B. Kovalchuk
Semester: 2 семестр
Mode of study: денна
Завдання: (INT) Ability to solve problems of a research and/or innovative nature in the field of law.
General competences (CG):
GC1. Ability to abstract thinking, analysis and synthesis.
GC3 Ability to search, process and analyze information from various sources.
Special (professional subject competencies
SC1 The ability to apply the principles of the rule of law to clarify complex tasks and problems, including in situations of legal uncertainty.
Competencies of professional direction (PC)
PC1.3 Ability to apply the theory and practice of constitutionalism.
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 11. Analyze and evaluate the practice of application of individual legal institutions.
PS 1.3 Knowledge in the field of theory and practice of constitutionalism.
Required prior and related subjects: Previous academic subjects: Constitutional law of Ukraine, 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.
2. The Constitution as the main source of constitutionalism.
3. Constitutional and legal status of a person and a citizen.
4. Constitutional and legal status of institutions of civil society.
5. Direct democracy as an effective mechanism for ensuring human rights and the foundations of constitutionalism.
6. Constitutional and legal principles of local self-government organization.
7. Parliamentarism as the basis of constitutionalism.
8. The role and place of executive power in a constitutional state.
9. Independence of the judiciary as a guarantee of the rule of law.
10. Bodies of constitutional jurisdiction in the mechanism of ensuring the constitutionality and legitimacy of state power.
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: The final grade consists of the PC assessment of the learning results during the semester and the assessment of the learning results during the control measures during the SC.
Current control (PC) is carried out during lectures, practical (seminar) and individual counseling classes in order to check the level of assimilation of theoretical and practical knowledge and skills of the student.
The maximum number of points that can be scored during practical (seminar) classes is 30 points. A student can get 5 points for an oral answer in class.
Individual research task of the student - 5 points.
The written test provided by the curriculum is evaluated with 5 points.
Examination control - 60 points.
The exam ticket consists of 20 test tasks of two difficulty levels and two theoretical questions (oral component of the exam). The answer to the test task of the first level of difficulty is estimated at 2 points. The answer to the test task of the second level of difficulty is 3 points. The total number of points assigned to the test is 50 points.
The oral component of the exam involves the student's answer to the questions contained in the ticket and is evaluated from 0 to 10 points (maximum 5 points for the answer to each theoretical question).
The procedure for conducting the oral component is carried out by conducting an interview with students and evaluating the answers of students with a mandatory announcement after the completion of each student's answer.
So, based on the results of studying the academic discipline, a student can get 100 points. The total number of points is obtained by the mathematical operation of addition.
Порядок та критерії виставляння балів та оцінок: 100-88 points - certified with an “excellent” grade - High level: the student demonstrates an in-depth mastery of the conceptual and categorical apparatus of the discipline, systematic knowledge, skills and abilities of their practical application. The mastered knowledge, skills and abilities provide the ability to independently formulate goals and organize learning activities, search and find solutions in non-standard, atypical educational and professional situations. The applicant demonstrates the ability to make generalizations based on critical analysis of factual material, ideas, theories and concepts, to formulate conclusions based on them. His/her activity is based on interest and motivation for self-development, continuous professional development, independent research activities, implemented with the support and guidance of the teacher. 87-71 points - certified with a grade of “good” - Sufficient level: involves mastery of the conceptual and categorical apparatus of the discipline at an advanced level, conscious use of knowledge, skills and abilities to reveal the essence of the issue. Possession of a partially structured set of knowledge provides the ability to apply it in familiar educational and professional situations. Aware of the specifics of tasks and learning situations, the student demonstrates the ability to search for and choose their solution according to the given sample, to argue for the use of a particular method of solving the problem. Their activities are based on interest and motivation for self-development and continuous professional development. 70-50 points - certified with a grade of “satisfactory” - Satisfactory level: outlines the mastery of the conceptual and categorical apparatus of the discipline at the average level, partial awareness of educational and professional tasks, problems and situations, knowledge of ways to solve typical problems and tasks. The applicant demonstrates an average level of skills and abilities to apply knowledge in practice, and solving problems requires assistance, support from a model. The basis of learning activities is situational and heuristic, dominated by motives of duty, unconscious use of opportunities for self-development. 49-00 points - certified with a grade of “unsatisfactory” - Unsatisfactory level: indicates an elementary mastery of the conceptual and categorical apparatus of the discipline, a general understanding of the content of the educational material, partial use of knowledge, skills and abilities. The basis of learning activities is situational and pragmatic interest.
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.016
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.
GC2. Ability to conduct research at the appropriate level
GC3 Ability to search, process and analyze information from various sources.
CK6. The ability to generate new ideas (creativity).
SC1 The ability to apply the principles of supremacy
rights to clarify complex tasks and problems, in vol
including in situations of legal uncertainty.
SC6. Ability to justify and motivate legal
decision, give detailed legal reasoning.
PC1.6 To form own well-founded judgments regarding the constitutional and legal mechanisms of limiting public power and ensuring the rights and freedoms of a person and a citizen.
Learning outcomes: PH1. 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. 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 6. Assess the reliability of information and the reliability of sources, effectively process and use information for conducting scientific research and practical activities.
PS1.6 Form own reasoned judgments based on the analysis of a known problem.
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. 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. The modern doctrine of constitutionalism and the 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 bodies of constitutional jurisdiction in the system of higher bodies of state power.
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 as an effective tool for the protection of human rights and constitutionalism.
35. Peculiarities of constitutional control in Ukraine.
Assessment methods and criteria: oral survey
Критерії оцінювання результатів навчання: Evaluation of the student's learning results is carried out in accordance with the 100-point evaluation scale established at the Lviv Polytechnic National University.
The main conditions for obtaining an assessment are as follows:
100-88: Course work completed on time, independently, provides full disclosure of the topic. The subject, object of 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 work contains elements of novelty and is characterized by the high quality and depth of theoretical and methodological analysis, a critical review of literary sources, the presence of scientific issues. Generalizations and conclusions are based on a well-developed information base, which allows you to clearly define the author's position. Essential aspects of the implementation of the recommendations are developed in the work.
The answer is reasoned, illustrated with perfectly designed visual materials, shows 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 work was completed on time, the theoretical generalizations and conclusions of the analytical part are mostly correct. However, there are insignificant flaws in the identified logical connection of the measures proposed to solve the problems, justification, which affects the depth of the student's personal analysis of factual information. The use of modern analytical tools is limited. The author's proposals presented in the work do not fully contain an analytical justification of feasibility their implementation.
The student's answer is full of factual information that reflects the relevant results of the conducted research. The answers to the questions are correct, but not always complete or specific.
70-50: The topic of the work is mostly revealed, but there are shortcomings of a substantive nature. The theoretical-analytical part and proposals are unconvincingly substantiated, there are no reasoned author's generalizations and conclusions. There are remarks about the logic and sequence of the presented material, which is mainly descriptive in nature. The work is carelessly designed.
The student does not know the individual questions of the topic, not all answers to the questions are correct or complete. Visual materials do not fully reflect the content of the work performed.
49-0: There is no logic in the construction of the research structure. The work lacks an understanding of the goal, tasks, and subject of research. The names of individual sections do not correspond to their content. The theoretical analysis and determination of the state of the processes that are the subject of consideration are of a compilation nature, there are no references to the used literature sources. There is no independence of judgments in the proposed recommendations and proposals.
The design of the work has significant drawbacks.
The report does not reflect the content of the completed work, most of the answers to the questions are incorrect, the student does not know the subject of the research. There are no visual materials to protect the work.
The work is not allowed to be defended: The work was submitted in violation of the deadlines established by the department. The supervisor's feedback is negative. The work lacks at least one of the mandatory structural parts. The content of the work does not correspond to the chosen topic or the presented material does not correspond to the topic or content of the work. The logic of the presented material is broken. The contents of the sections are not related to each other.
When facts of rewriting material from other sources without references are found (presence of plagiarism).
The job design does not meet the requirements.
Порядок та критерії виставляння балів та оцінок: 100-88 points - certified with an “excellent” grade - High level: the student demonstrates an in-depth mastery of the conceptual and categorical apparatus of the discipline, systematic knowledge, skills and abilities of their practical application. The mastered knowledge, skills and abilities provide the ability to independently formulate goals and organize learning activities, search and find solutions in non-standard, atypical educational and professional situations. The applicant demonstrates the ability to make generalizations based on critical analysis of factual material, ideas, theories and concepts, to formulate conclusions based on them. His/her activity is based on interest and motivation for self-development, continuous professional development, independent research activities, implemented with the support and guidance of the teacher. 87-71 points - certified with a grade of “good” - Sufficient level: involves mastery of the conceptual and categorical apparatus of the discipline at an advanced level, conscious use of knowledge, skills and abilities to reveal the essence of the issue. Possession of a partially structured set of knowledge provides the ability to apply it in familiar educational and professional situations. Aware of the specifics of tasks and learning situations, the student demonstrates the ability to search for and choose their solution according to the given sample, to argue for the use of a particular method of solving the problem. Their activities are based on interest and motivation for self-development and continuous professional development. 70-50 points - certified with a grade of “satisfactory” - Satisfactory level: outlines the mastery of the conceptual and categorical apparatus of the discipline at the average level, partial awareness of educational and professional tasks, problems and situations, knowledge of ways to solve typical problems and tasks. The applicant demonstrates an average level of skills and abilities to apply knowledge in practice, and solving problems requires assistance, support from a model. The basis of learning activities is situational and heuristic, dominated by motives of duty, unconscious use of opportunities for self-development. 49-00 points - certified with a grade of “unsatisfactory” - Unsatisfactory level: indicates an elementary mastery of the conceptual and categorical apparatus of the discipline, a general understanding of the content of the educational material, partial use of knowledge, skills and abilities. The basis of learning activities is situational and pragmatic interest.
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).