9 ECTS credits
225 h study time
Offer 2 with catalog number 1002372AER for all students in the 2nd semester at a (A) Bachelor - preliminary level.
Constitutional law rests on two pillars. The institutional pillar, under which two characteristics of the Belgian State fall, namely the fact that Belgium is a parliamentary democracy with its typical competences, functioning and mutual relationship between parliament, head of State and government, and the fact that Belgium is a federal state. In addition to that, there is the relational pillar, which addresses the individual rights and liberties as well as an introduction to the protection of the citizen against the state. The distinction between an institutional and relational aspect of constitutional law is somewhat artificial and must at least be put into perspective. Both aspects are indeed intrinsically intertwined with each other. Within the study of the institutional pillar aspects of the relational pillar will appear and also the other way round. The study of the Constitutional Court entails for example institutional as well as relational aspects. This amounts to the fact that the study of one pillar immediately implies the study of the other.
After a general introduction to constitutional law, the main sources of constitutional law are discussed. In that respect, the relationship between international and national law is also addressed. Obviously the Constitution itself and the procedure for amending this fundamental text, will be largely discussed. Within the chapter on (federal) acts the division of tasks between the House of Representatives and the Senate is explained, as well as the different ways in which an act is made. Beside the overview of written sources, some attention is also briefly paid to unwritten sources of constitutional law, namely customary law (ex. the doctrine of the caretaker government limited to current affairs) and the general principles of law (ex. the principle of separation of powers), considering their important political and societal relevance.
In a second part, the Belgian State is dissected in all its sections. The main characteristics of the Belgian State are largely discussed (rule of law, federal State directed towards cooperation, representative democracy – national sovereignty, monarchy, parliamentary system, separation of powers, separation fo church and state). All the facets of the federal legislative and executive power are discussed (composition trough elections, traditional government making and resignation, mutual cooperation and control, main tasks and competences, status of the King and the federal government). Regarding the judiciary, some aspects are discussed; for other aspects reference is made to the course “Introduction to law”. The second part also treats the constitutional principles concerning the armed forces. The second part also concerns the main principles concerning the financial aspects of Belgian federalism.
The third part of the course focusses on the communities and regions and discusses their political organs and competences. Before starting the last part, the course also deals with the role and functioning of the Constitutional Court, considering its key role in the Belgian political landscape. The last part of the course concerns constitutional rights and liberties of citizens, with particular focus on the most relevant rights (e.g. equality and prohibition of discrimination, freedom of speech, freedom of assembly, press freedom, freedom of association, personal liberty and arrest). This will be followed by an introduction to the legal protection of the citizen against the State.
Finally, the political and societal developments and news are included as much as possible during the lectures.
Subject to the technical possibilities, recordings of the lessons wil be made.
The lessons include case education.
During the lessons examples of examquestions will be treated.
The final grade is composed based on the following categories:
Written Exam determines 100% of the final mark.
Within the Written Exam category, the following assignments need to be completed:
Students should have a thorough knowledge of the course material.
Mastering the legal texts is an assessment criterion in the exam. So always study the material with the legal texts at your fingertips. Please note that indications and cross-references in the codex must always be made in accordance with the VUB codex regulations.
The exam is written and tests knowledge, insight and application (in a simple context), among other things on the basis of the legal texts and a number of case questions.
The multiple-choice questions will be graded by positive scoring with Higher Pass Mark (see additional information on CANVAS). Thus, no points will be deducted for a wrong answer. On the other hand, gaining points by guessing will be incorporated into the final point by increasing the pass mark. The pass mark for the exam and the exact conversion table will be communicated in a timely manner on Canvas and in the exam instructions. The exam strategy by this method is simple: do your best on all of the exam, questions you don't know or partially know, you can guess to the best of your ability, without worrying about possible point deductions.
This offer is part of the following study plans:
Bachelor of Laws: default (only offered in Dutch)
Bachelor of Laws: Verkort traject (only offered in Dutch)
Bachelor of Business Economics: Minor Law (only offered in Dutch)
Master of Laws: Verkort traject (only offered in Dutch)
Master of Criminology: Standaard traject (only offered in Dutch)
Bridging Programme Master of Laws: Default track (only offered in Dutch)
Preparatory Programme Master of Laws: Default track (only offered in Dutch)