6 ECTS credits
157 h study time
Offer 2 with catalog number 1009766BER for all students in the 1st semester at a (B) Bachelor - advanced level.
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). 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, reference is made to the course “Introduction to law”. Yet the main principles governing the administration of justice (and thus protecting the citizen) are still discussed, such as the independence of judges and the rights of defence. The constitutional principles regarding armed forces (military and police) are also touched upon in the second part of the course.
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 briefly 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 (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.
Not applicable.
Giving non-law oriented students a thorough insight in the Belgian constitutional system and the principles underlying it, in regard of which attention is paid to the institutional framework, as well as to constitutionally guaranteed human rights and liberties.
The final grade is composed based on the following categories:
Oral Exam determines 100% of the final mark.
Within the Oral Exam category, the following assignments need to be completed:
The exam is oral with preparation in writing.
Students can use the Constitution and acts. They must take their own copy to the exam.
Examples of exam questions:
What is the difference between a federal and a confederal State?
Which characteristics typify the Belgian federal State?
Explain the 3 “laws” of federalism.
Describe “rule of law”.
Discuss the principle of separation of powers.
Discuss the monocameral procedure for making acts.
Discuss the independance and impartiality of the judge.
Why is Belgian federalism called ‘bipolar’ and ‘centrifugal’?
Discuss the concept of “economic and monetary union”.
What are parallel competences?
What are the tasks of the Constitutional Court?
Which limitations are imposed on the possibility to amend the Constitution?
Discuss the resignation of the federal government in normal circumstances.
Discuss the 3 phases of the constitution amendment procedure.
This offer is part of the following study plans:
Bachelor of Political Science and Sociology: - afstudeerrichting politieke wetenschappen (only offered in Dutch)