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Lecturer(s)
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Červínek Zdeněk, JUDr. Ph.D.
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Tomoszek Maxim, JUDr. Ph.D.
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Course content
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1. Overview of the Czech constitutional system 2. Czech constitutional order and sustainability 3. Institutional framework and separation of powers 4. System of checks and balances in the context of sustainability 5. Constitutional framework of democratic processes 6. Vertical separation of powers in the context of sustainability 7. Restriction of rights and balancing of legitimate objectives (of public interests) 8. Mechanisms for the protection of fundamental rights at the national, European, and international levels 9. Equality and discrimination 9. Fundamental rights and freedoms - content, scope of protection, practical examples, significance for sustainability 10. Political rights - content, scope of protection, practical examples, significance for sustainability 11. Economic, social and cultural rights, environmental rights - content, scope of protection, practical examples, significance for sustainability 12. Right to a fair trial - content, scope of protection, practical examples, significance for sustainability
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training), Dialogic Lecture (Discussion, Dialog, Brainstorming), Work with Text (with Book, Textbook), Group work
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Learning outcomes
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The Constitutional Framework of Sustainability course aims to familiarize first-year students of the Law and Sustainability program with the basic principles of the Czech constitutional order related to the concept of sustainability and environmental protection. The aim is to equip students with an understanding of how the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms incorporate aspects of sustainable development - for example, the state's obligation to use natural resources sparingly (Article 7 of the Constitution) and the right of everyone to a favorable environment (Article 35 of the Charter). Students will learn to understand the relationship between the protection of human rights and the protection of the environment, including cross-cutting principles such as the separation of powers and the restriction of fundamental rights in the public interest. The course aims to develop students' ability to apply constitutional principles in the context of sustainability and to analyze the Constitutional Court's approach to sustainable development issues based on significant case law.
After completing the course, students will be able to do the following in their further studies and future professional careers: 1. Identify and explain the constitutional principles relating to sustainability in the Czech legal system, in particular the provisions of the Constitution and the Charter of Fundamental Rights and Freedoms relating to environmental protection and the public interest in sustainable development. Students will understand the roles of the state and the individual arising from these provisions (the state's responsibility for the prudent use of resources, the individual's right to information, etc.). 2. Analyze conflicts and balances of rights in the context of sustainability, i.e., assess when and how fundamental rights (property, business, movement, etc.) can be constitutionally restricted in favor of environmental protection, applying the principle of proportionality and the requirement to preserve the essence of rights. 3. Work with the case law of the Constitutional Court ? search for relevant rulings, understand their structure and key legal sentences. Students will learn to analyze the reasoning behind rulings related to sustainability and formulate the approach taken by the Constitutional Court (e.g., defining nature conservation as a public interest, assessing the constitutionality of restrictions on rights). Emphasis will be placed on the ability to interpret case law and apply the principles derived from it to new situations. 4. Apply the constitutional framework in practical situations: students will be able to assess model case studies ? e.g., a draft law in the field of climate policy ? in terms of their compliance with the constitutional order. They will be able to argue whether a particular regulation passes the test. 5. Independently study and reflect on legal issues related to sustainability: thanks to the self-paced form of teaching, students will develop the skills of independent study planning, working with e-learning resources, and critical thinking about interdisciplinary issues (law vs. ecology vs. human rights). 6. This course develops the following SDGs: SDG 1 ? No poverty SDG 3 ? Good health and well-being SDG 4 ? Quality education SDG 5 ? Gender equality SDG 10 ? Reduced inequalities SDG 11 ? Sustainable cities and communities SDG 13 ? Climate action 7. It then delves into the following sustainability topics in depth: ? SDG 16: Peace, justice, and strong institutions - Target 16.3 ? Promote the rule of law at the national and international levels and ensure equal access to justice. - Target 16.6 ? Build effective, accountable, and transparent institutions at all levels. - Target 16.7 ? Ensure responsible, inclusive, participatory, and representative decision-making at all levels. ? SDG 13: Climate action - Target 13.2 ? Integrate climate change response measures into national policies, strategies, and planning. ? SDG 15: Life on Land - Target 15.1 ? Ensure the protection, restoration, and sustainable use of terrestrial and inland freshwater ecosystems and their services. - Target 15.9 ? Integrate the values of ecosystems and biodiversity into national planning, strategies, and policies.
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Prerequisites
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The completion of this course is not conditioned upon completion of any other courses
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Assessment methods and criteria
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Student performance, Seminar Work, Written exam
Completion of ongoing tasks (40%), Case study (40%), Final test (20%)
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Recommended literature
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Bartoň, M., et al. (2016). Základní práva. Praha.
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Husseini, B., Bartoň, M., Kokeš, M., Kopa, M., et al. (2020). Listina základních práv a svobod: Komentář. Praha.
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Jirásek, J., et al. (2025). Ústavní základy organizace státu (2. vyd.).. Praha.
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Kmec, J., Kosař, D., Kratochvíl, J., & Bobek, M. (2012). Evropská úmluva o lidských právech. Praha.
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Kühn, Z., Kratochvíl, J., Kmec, J., Kosař, D., et al. (2022). Listina základních práv a svobod: Velký komentář. Praha.
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Rychetský, P., et al. (2015). Ústava České republiky. Zákon o bezpečnosti České republiky: Komentář. Praha.
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