Contemporary Challenges of Polish Constitutional Law 1300-CCPCL-KPP

Following topics will be covered during the course:
1. History of the Polish constitutions and constitutionalism
2. Constitution-making process 1989-1997
3. Axiological foundations of the Polish constitution
4. The systemic order of the Constitution of 1997
5. The concept of individual freedoms and rights in Poland
6. The limits of freedoms and rights - the limits of the political power
7. Law and its sources in the constitution
8. International law and the Polish constitution
9. The "European clause" of the constitution
10. The system of government in Poland - separation and cooperation of powers
11. Status of the Sejm and Senate
12. The Presidency in Poland
13. The courts and tribunals
14. Constitutional judiciary
15. Constitutional developments in Poland - does Poland need a new constitution?
16. Illiberalization of the system in Poland.

Total student workload

Number or hours with the lecturer: - participation in the lectures - 20 hours -Individual time required for self study: Preparation for the classes – 80 hours Preparation for the essay – 40 hours consultations with the lecturer – 10 hours

Learning outcomes - knowledge

After the completion of the course students: - explain terms and characterize institutions of constitutional law - present legal norms stemming from the Constitution and some other normative acts covered by the education plan - interpret constitutional provisions

Learning outcomes - skills

After the completion of the course students: - apply appropriate methods of interpreting the Constitution - explain aims and functions of particular institutions of Polish political system - explain legal significance of competences of public institutions - identify individual freedoms and rights, as well as mechanisms of their protection

Learning outcomes - social competencies

After the completion of the course students: - identify legal problems concerning constitutional law and formulate solutions thereof - analyze, in a methodologically correct manner, practical problems and case-law concerning the Constitution - interpret legal provisions taking into consideration norms stemming from the Constitution - formulate individual opinions in discussions concerning constitutional issues

Expository teaching methods

- participatory lecture
- problem-based lecture
- informative (conventional) lecture

Exploratory teaching methods

- classic problem-solving
- project work

Online teaching methods

- methods referring to authentic or fictitious situations
- content-presentation-oriented methods
- exchange and discussion methods

Prerequisites

Course coordinators

Agnieszka Bień-Kacała
Maciej Serowaniec

Assessment criteria

Written essay and active participation in the class

Criteria:
0-59% failed
60%-69% - sufficient
70%-85% - good
86%- 100% - very good

Bibliography

1. K. Prokop, Polish Constitutional Law, Białystok 2011.
2. Constitutional Law in Poland, B. Banaszak (red.), Alphen aan den Rijn 2012.
3. Polish Constitutional Law. The Constitution and Selected Statutory Materials, Warszawa 2009
4. L. Garlicki: Constitutional law, [w:] Introduction to Polish Law, S. Frankowski (red.), Haga- Kraków 2005.
5. Tímea Drinóczi and Agnieszka Bień-Kacała, Illiberal Constitutionalism: The Case of Hungary and Poland, German Law Journal, Volume 20, Issue 8, December 2019, pp. 1140-1166.

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 1300-CCPCL-KPP in USOSweb