Saint-Louis University - Bruxelles
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DROI1211A - Constitutional Law II


USL-B


Credits : 0

Lecturers :
Mode of delivery :
Face-to-face , first term, 60 hours of theory.

Timetable :
First term
Tuesday from 08:30 to 10:30 at 43 Botanique 1
Wednesday from 13:30 to 15:30 at 43 Botanique 1

Language of instruction :
French (and understanding of Dutch is recommended)

Learning outcomes :
This course is the second part of the Constitutional Law Course started in first year (see therefore “Objectives and methods of the Constitutional Law I course”).

Ideally, at the end of the “Constitutional Law II” course, students should essentially be able:
a) to understand and assimilate the meaning or meanings of the new legal concepts studied in class;
b) to show rigors and precision in the definition of these concepts;
c) to understand the links that connect these fundamental concepts to each other;
d) to understand and assimilate the rules of positive law studied in class and situate them in their historical and political context;
e) to read and understand the decisions of jurisprudence studied in class;
f) to handle the code containing the texts of positive law studied in class, identifying the relevant clauses and linking these to the rules that emerge from them;
g) to produce elements of political explanation and critical evaluation of the legal regimes studied in class, without confusing the registers of legal description and prescription, legal explanation, political explanation and ethical evaluation;
h) to analyse political news reported in the daily press in the light of the notions and rules studied in class.

Again, ideally, this course should prompt students to “think further”, which is exactly what the student is invited to do with the bibliographical references included in the syllabus.

The exercise sessions (tutorials) allow the students to learn how to find the solution to a legal issue of a practical nature. Therefore, they require a rigorous (a high degree of accuracy is expected) and critical (the students should consider the existing theses with a discerning mind) analysis.

The tutorials enable the mastery of the legal methodology: research and use of the sources of law, structuring of a text, correctness of quotations and bibliographical references.

These sessions also invite the students to discover the advantages and limitations of a collective approach. Indeed, although their written work has to be personal and original, the students are encouraged to work together, especially in the research of sources and the identification of given legal issues. These tutorials enable the students to develop their capacity to express themselves orally on a legal subject.

Finally, taking place over a period of around three months, these sessions allow the students to learn time-management, by meeting deadlines and external constraints such as typing, the number of pages…


Prerequisites :
None

Co-requisites :
None

Course contents :
Constitutional Law I Course covered the first three parts of the global Constitutional Law Course, which were respectively devoted to the Concept of the State and the foundations of the state (Part I), the Divisions and structures of the State in general, and of the Belgian State in particular (Part II), and the Exercise of power in the State and the democratic requirement (Part III). The subject matter thus addressed is "presumed to be known".

As an extension of the Constitutional Law I Course, the Constitutional Law II Course comprises three parts, namely :
- Part IV. Powers in Belgium ;
- Part V. The division of powers and co-operative federalism ;
- Part VI. Civil liberties ;

In 2020-2021, Part VI will precede Parts IV and V.

Practical work consists of writing a paper on concrete questions about a described situation.

DROI1211B - Exercises sessions with casus in Constitutional Law [1 Q. • 9 Ex. • Pond. : 1] Hélène Lerouxel, Youri Mossoux, Célia Nennen, Cécile Pietquin, Marie Ruys, Romain Vanderbeck, Sophie Vincent
DROI1211A - Constitutional Law II [1 Q. • 60 Th. • Pond. : 3] Mathias El Berhoumi, Sébastien Van Drooghenbroeck
KULeuven students who attend the course only follow the learning activity "Course", not the tutorials.




Planned learning activities and teaching methods :
- Ex cathedra lecture including theoretical developments and the analysis of cases taken from jurisprudence;
- During the academic year 2020-2021, part of the "theoretical" teaching will take place in a face-to-face mode, in a classroom, and another part in a distance mode, via video capsules. The exact proportion and the concrete organization of this "comodal" teaching will be specified and updated via Moodle.
- The teacher will be receptive to answer any questions during breaks or after sessions;
- Tutorials will be organised during the first half of the year to introduce the students to techniques of case resolution involving constitutional law. Cf document “Objectives and methods of law course tutorials”.
- A question and answer session is held at the end of the semester

The tutorial sessions are organised in different stages in order to allow the professors to mark out the progression of the students. From the beginning of the course, the students have at their disposal the specifications manual, setting out the procedure to follow and providing bibliographical references.
An intermediate stage invites the students to hand in a status report (a review of the research that has already been done), which will enable the professor to adjust the direction taken by the student. Throughout the tutorial sessions, the probationary lecturer will be available each week to answer any relevant questions from the students and also for the teachers to assess the students' work.
Finally, the tutorials will end with a correction session, which allows a positive assessment of the work achieved.
The tutorials require the compliance with the instructions included in the specifications manual.


First term, 60 hours of theory and 9 hours of tutorials with cases.
During the academic year 2020-2021, part of the "theoretical" teaching will take place in a face-to-face mode, in a classroom, and another part in a remote mode, via video capsules. The exact proportion and the concrete organization of this "comodal" teaching will be specified and updated via Moodle


Assessment methods and criteria :
The course itself is the subject of an oral examination with two questions, each of which has its own preparation time.
The oral exam takes place face-to-face. However, and if health reasons require it, it can be organized in remote mode, via videoconference, while obeying for the rest to the same modalities (two questions, each of which has its own preparation time)
.
When the practical work is finalised, the students are marked out of 20 points.
The evaluation criteria are: the quality of the intellectual approach and the resolution of the practical case, the structure of the written work, the rigor both in substance and in form, the bibliography and the correct use of sources, compliance with instructions, spelling and participation in class.


Recommended or required reading :
Bibliographic references available in the course syllabus.

See the specifications relating to the tutorials.


Other information :
Didactic supports proposed to the students: a syllabus to be completed by the students' notes. This syllabus includes bibliographical information, jurisprudential rulings and invitations “to think further”. Reference manuals are recommended;

Slides are also available.

The resolution of practical case implies the use of different sources: course syllabus, non-exhaustive bibliography of the specifications manual, library research (legislation, doctrine, jurisprudence)...