Law - 3. semester
|Lecturer in charge||Consultations||Location|
|izv. prof. dr. sc. Ana Horvat Vuković||
Office hours are held Mondays from 12 p.m., except during exam weeks.
For students who work or are otherwise unable to make use of these office hours, alternative office hours are scheduled on an individual basis, and can include the use of Google Meet etc.
|Trg Republike Hrvatske 3, room 10|
|REQUIRED: The Constitution of the Republic of Croatia; Novi informator (2010), str. 15-67|
|REQUIRED: Branko Smerdel; The Constitutional Order of the Republic of Croatia on the Twentieth Anniversary of the "Christmas" Constitution - the Constitution as a political and legal act; Novi informator (2010), str. 83-171|
|REQUIRED: Besselink, L.; Bovend'Eert; P., Broeksteeg; H., de Lange, R.; Voermans, W.J.M.; Constitutional Law of the EU Member States; Kluwer (2014)|
|REQUIRED: Fleiner, T.; Basta Fleiner, L.; Constitutional Democracy in a Multicultural and Globalised World; Springer (2009)|
|REQUIRED: Branko Smerdel; Design and operation of the "hybrid" presidency - evaluation of the power sharing in the Croatian top executive; Zbornik Pravnog fakulteta u Zagrebu, 65 (2015) 2 (2015), str. 181-211|
|REQUIRED: Branko Smerdel; In quest of a doctrine: Croatian constitutional identity in the European Union; Zbornik Pravnog fakulteta u Zagrebu, 64 (2014) 4 (2014), str. 513-534|
|REQUIRED: Branko Smerdel; Central European Democratic Transition: The Paradigm of; Eleven International Publishing, Hague (2014), str. 51-62|
|RECOMMENDED: Branko Smerdel; Đorđe Gardašević; The notion of Security and Free Access to Information Creation and Development; Politics in Central Europe - The Journal of the Central European Political Science Association, 2 (2007) (2007), str. 24-37|
|RECOMMENDED: Branko Smerdel; Croatian Parliament in a Comparative Perspective; Croatian critical law review, 1 (1996) 1-2 (1996), str. 137-154|
|RECOMMENDED: Branko Smerdel; The Constitution of Europe Convention on the Future of Europe and the Process of Constitutional Choices; Revus revija za evropsko ustavnost, 1 (2003) 1 (2003), str. 4-14|
|RECOMMENDED: Branko Smerdel; Ethics in government: conflict of interest and the Constitution; Zbornik Pravnog fakulteta u Zagrebu, 50 (2000) 5 (2000), str. 769-794|
This course offers an introduction to the instruction in the historical, philosophical and legal-theory roots of modern political institutions that form the general framework of government - Croatian as well as comparative. It analyses the background structures of the state's organizational scheme, i.e. the interplay of the three branches of government as well as their functions and limitations, the foremost of which is the protection of fundamental human rights and freedoms. The students should become able to analyze the various modalities of judicial reasoning and argumentation, and to articulate informed opinions on important and controversial constitutional issues.
The outline of the course is as follows:
1. Fundamental principles, general themes and object of Constitutional Law. Methods in studying Constitutional Law. Sources of Constitutional Law.
2. Development of constitutionality. Constitutionality in the 19th and 20th century. Revising the constitution. Croatian development of constitutionality.
3. Protection of human rights and fundamental freedoms: personal, political, economic, social and cultural. Protection of HR under the Constitution of the Republic of Croatia and in the Council of Europe.
4. Principle of constitutionality and legality, its protection and oversight. American and European system of constitutionality review. Constitutional Court of the Republic of Croatia.
5. Foundations of state power and the electoral system. Theories of sovereignty. Electoral system, theory and practice of representation. Electoral law in the Republic of Croatia.
6. The system of government. Division of power. Structure and function of the executive, judiciary and legislature. Presidential government. Parliamentary government. Semi-presidential system. Concentration of power and the assembly system.
7. Structure of government in the Republic of Croatia under the 1990 Constitution - semi-presidential system. Structure of government in the Republic of Croatia under the constitutional amendments of 2000 and 2001 - parliamentary system.
8. Composite states and unions of states.
9. Constitutional regulation of international relations.
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