| Course title | Outline of the Constitutional History of Modern Period |
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| Course code | KTP/MÚDN |
| Organizational form of instruction | Lecture + Seminar |
| Level of course | Master |
| Year of study | 1 |
| Semester | Winter |
| Number of ECTS credits | 4 |
| Language of instruction | Czech |
| Status of course | Compulsory |
| Form of instruction | Face-to-face |
| Work placements | This is not an internship |
| Recommended optional programme components | None |
| Lecturer(s) |
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| Course content |
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LECTURE TOPICS: 1. Introductory lecture (content of the course, systematics of lectures and seminars, analysis of basic sources, analysis of recommended literature, organization of work in seminars, conditions for completing the course.) - 24. 9. Janišová 2. Regulations of a constitutional nature in the past and the birth of modern Czech statehood in the 19th century (pre-Enlightenment regulations of a constitutional nature, the birth of modern constitutions, the formation of Czech statehood during the 19th century /Austroslavism, program of the Czech historical state law movement, Fundamental Articles/, concept of the form of the new state during the First World War, etc.). - 1. 10. Janišová 3. Austrian constitutions of the 19th century (realization of liberal and national demands, the first Austrian constitution of 1848, constitutional development in the second half of the 19th century, the constitution of 1867, subsequent legislation, etc.). - 8. 10. Janišová 4. The formation of Czechoslovakia and the international anchoring of the new state (domestic and foreign resistance - the Czech National Council, the so-called reception norm, the provisional constitution of 1918 and its amendment, the international anchoring of Czechoslovakia). - 15. 10. Janišová 5. The Constitution of 1920 (structure of the constitution, the National Assembly and its development until 1992, government and executive power, etc.). - 22. 10 Letková 6. Judicial and administrative system (reception of the Austrian system, the judicial system of the Czechoslovak Republic, development and changes in the judicial system under communism, the judicial system /ordinary/, the so-called extraordinary courts, the Constitutional Court, administrative judiciary, the Supreme Administrative Court). - 29. 10. Janišová 7. The collapse of Czechoslovakia and the Protectorate (the so-called Munich Agreement, the interim state in exile and its bodies, decretal lawmaking, constitutional decrees of the President of the Republic, the concept of the so-called nullity of Munich, etc.). - 5. 11 Janišová 8. The communist coup and the so-called people's democratic constitution of 1948 - 12. 11. Janišová 9. - Fundamental rights after 1945 - 19. 11 Janišová 10. The socialist constitution of 1960 - 26. 11 Janišová 11. The Constitutional Act of 1968 and the Transformation of the constitutional system in 1989 - 1992 - 3.12. Janišová 12. - Normalization 10. 12. Janišová 13. Organization of the end of the semester, pre-exam date - 17. 12. Janišová SEMINAR TOPICS 1. Introductory seminar, selection of papers, literature and sources, availability of sources, mandatory texts for teaching, etc. - 1. 10 and 8. 10 2. Austrian constitutions (issues of fundamental rights, formation of representative bodies, social contract in practice, electoral law, formation of political parties - text of the Official Gazette No. 142/1867 (ASPI)- 15. 10 and 22. 10 3. Constitution of 1920 (issues of national minorities, nationalism, concept of a single nation: Czech-German question, Czechoslovakianism, Slovak clerical fascism - text of the Official Gazette No. 121/1920, HL. 6. - 29. 10 and 5. 11 4. Constitution of 1948 (reflection of historical development by the communist regime, fiction of fundamental rights, central management of the state, - text of the Official Gazette No. 150/1948, §§30-38; 123-133 ) 12. 11 and 19. 11 5. Constitution of 1960 (interferences in property rights, concept of social rights, leading role of the Communist Party - text of Act No. 100/1960, Articles I - III, HL. I - 26.11 and 3.12 6. Credit test - 10. 12 and 17. 12.
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| Learning activities and teaching methods |
| Monologic Lecture(Interpretation, Training) |
| Learning outcomes |
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The subject is focused mainly on the question of tradition and continuity of the Czech statehood in the 19th and 20th century. The emphasis will be placed on the analysis of key texts of modern Czech and Czechoslovak constitutional history from the characteristics of the regulations of constitutional character in older times through the Austrian constitutions of the 19thcentury, the formation and functioning of the first Czechoslovak republic (with the emphasis on the constitution from 1920), the constitutional regulations from the period of Nazi and Communist lack of freedom to documents connected with disintegration of federation in the 90s of the 20th century. The attention will be devoted not only to important state legal acts but also to wider geopolitical context which influenced the pattern of most of them and the constitutional development of our country in modern times. The seminar classes will correspond to lectures with respect to chronological interpretation. The seminars will be devoted to themes following the lectures with the emphasis on the genesis of constitutional anchoring of particular problems.
Students, who passed out this subject, will obtain the appropriate knowledge necessary for understanding of relevant contexts, which determined the contemporary form of the constitutional system of the Czech Republic. Passing out of this subject will make fully possible, in the study of valid constitutional law (as regards of the constitutional system and of the human rights and freedoms), to follow up with made analysis of previous constitutional evolution. |
| Prerequisites |
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For receiving the credit you must successfully pass a written test; it is not possible to sit for an examination without successfully passed credit; the examination is written
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| Assessment methods and criteria |
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Mark
Completion of the course - credit (3 attempts) + exam (3 attempts) - both in writing; the exam cannot be taken without successfully passing the credit; the exam will be held in written form - 10 questions - some test questions (choose from options), some questions in the form of a short answer. To successfully pass the exam, it is necessary to obtain 5 points out of 10 possible; credit for 5 test questions, to successfully pass it, it is necessary to obtain 3 points out of 5 possible. For a paper in class, it is possible to obtain 1 point for the credit test. Participation in seminars is mandatory. Commission exam in written form. Seminars are not held in the first week of classes. |
| Recommended literature |
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| Study plans that include the course |
| Faculty | Study plan (Version) | Category of Branch/Specialization | Recommended semester | |
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| Faculty: Faculty of Law | Study plan (Version): Law (2019) | Category: Law, legal and public administration proceeding | 1 | Recommended year of study:1, Recommended semester: Winter |
| Faculty: Faculty of Law | Study plan (Version): Law (2024) | Category: Law, legal and public administration proceeding | 1 | Recommended year of study:1, Recommended semester: Winter |