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.

Semester
2nd semester
Enrollment based on exam contract
Possible
Grading method
Grading (scale from 0 to 20)
Can retake in second session
Yes
Enrollment Requirements
Volgtijdelijkheid: De student is ingeschreven in de Bachelor Rechten en heeft binnen de Bachelor Rechten reeds 30 SP verworven en een credit behaald voor "Bronnen en Beginselen van het Recht " of “Inleiding tot het Recht”, of de student is ingeschreven in de Bachelor Rechten - met Studieduurverkorting en is tevens ingeschreven op het studiedeel 'Bronnen en Beginselen van het Recht' of op het studiedeel 'Inleiding tot het Recht', of de student is ingeschreven in het schakelprogramma of voorbereidingsprogramma of de student is ingeschreven binnen de verkorte Master in de Rechten - Gent akkoord of de student is ingeschreven in de Bachelor Politieke Wetenschappen en heeft reeds 30 SP verworven binnen het modeltraject eerste Bachelor Politieke Wetenschappen en een credit verworven voor het studiedeel "Inleiding tot het Recht".
Taught in
Dutch
Faculty
Faculty of Law and Criminology
Department
Publiek recht
Educational team
Aube Wirtgen (course titular)
Karel Reybrouck
Activities and contact hours
50 contact hours Lecture
150 contact hours Independent or External Form of Study
Course Content

It is traditionally admitted that 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 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 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). Finally, the political developments and news are included as much as possible during the lectures.

Course material
Handbook (Required) : Overzicht van het grondwettelijk recht, M. Van Damme, Brugge, die Keure, 9789048620272, 2015
Course text (Required) : Syllabus Grondwettelijk recht, A. Wirtgen, Canvas
Additional info

Recordings of the lessons wil be made.

These will be made available for the working students.

The lessons include case education.

During the lessons examples of examquestions will be treated.

Learning Outcomes

General competencies

  • The students have an overview of the structures and the working of the Belgian institutions and of the techniques to protect the civil rights and liberties.
  • The students can see the relation betwee certain constitutional evolutions (f.i. the relation between the procedure of the "alarming bell" and the equal number of dutch and french speaking members of the federal board of ministers).
  • The students can read and understand the Belgian constitution and the laws concerning the institutional reforms.
  • The students understand the development of constitional law and its dynamic character.
  • The students see and understand the interference between national and european law (f.i. as concerns the individual rights and liberties).

Grading

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:

  • Written Exam with a relative weight of 1 which comprises 100% of the final mark.

Additional info regarding evaluation

Students have to master the course material thoroughly.

The written exam concerns, on the one hand, their ready knowledge of the course material and, on the other hand, their insight in the functioning of the institutions. Besides theoretical questions, questions will also be asked in the form of cases. The use of a codex is allowed.

Allowed unsatisfactory mark
The supplementary Teaching and Examination Regulations of your faculty stipulate whether an allowed unsatisfactory mark for this programme unit is permitted.

Academic context

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)