Theory and Practice of the Social State
Course type
Study programme and level
Language
slovenščina
Lectures | Seminar | Tutorial | Druge oblike študija | Individual Work | ECTS |
---|---|---|---|---|---|
40 | 160 | 8 |
Study programme and level | Study field | Academic year | Semester |
SECOND LEVEL | LAW | 1 | 2 |
Course type
Compulsory
Workload | Lectures (h/semester) | Seminar
(h/semester) |
Tutorial
(h/semester) |
Individual Work (h/semester) | ECTS |
40 | 160 | 8 |
Lecturer
Izr. prof. dr. Andraž Teršek
Language
English
Prerequisites
No special prerequisits
Content (Syllabus outline)
- The concept of social constitutional democracy
- The notion of the social state – as the constitutional concept and in the sense of the social value;
- The legal aspect of the social state. The constitution and the international law as the resource of the social state values. Theoretic and philosophical definition of the social state – as notion, principle and concept;
- Constitutional social and economic rights;
- Social state paradigm in the commentaries of Slovenian constitutional order and in the decisions of the Constitutional Court of Slovenia;
- Implementation of the social state in political, legal and other social practices.
Study Literature
- Dean, Social Rights and Human Welfare, Routledge, 2015.
- G. Young, Constituting Economic and Social Rights, Oxford University Press, Oxford 2014.
- Riedel, G. Giacca, C. Golay (eds.), Economic, Social, and Cultural Rights in International Law: Contemporary Issues and Challenges, Oxford University Press, Oxford 2014.
- W. Russel, Double Standard: Social Policy in Europe and the United States, Rowman & Littlefield Publishers, 2014.
- Tushnet, Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law, Princeton University Press, 2009.
- L. Ogertschnig, G. De Burca, B. de Witte (eds.), Social Rights in Europe, Oxford University Press, Oxford 2005.
Objectives and competences
Deliberative study about theory, philosophy and practice of the social state is included as subject in the study programme to present to students the social state as the constitutional value principle and concept, arising from the Slovenian Constitution. The objective of the teaching of this subject is to provide students the knowledge about links between social state and other constitutional values. It is planned to be done in a way to provide students the knowledge about the influence of this value on the regulatory processes, policies of the State and on the implementation of regulations as well. Focusing on critical education about constitutional social and economic rights. By educating the role of the value of the social state the students will be informed about the existing knowledge about the meaning of the constitutional principle of social state on the legal system. They will gain the competence to form critical analyses about forming of models of the legal regulation of the economic and social relations on such way that the value of the social state will provide them the ability to use the constitutional value in principle of social state as the political commitment, constitutional principle and direct resource of law. Deliberative study of the social state and socio-economic rights in the context of constitutional democracy.
Intended learning outcomes
- Students will gain fundamental and detailed information about the social state and constitutional social and economic rights. They will learn about the constitutional dimensions, regulatory policies and practice related to the social state. They will also learn about the implementation of these regulations in practice. This will enable them to connect the subject of the social state with the findings in philosophy and economy.
- By learning main issues about the social state the students will understand and will be acquainted for the active use of the constitutional law, theory, legal philosophy and technique for regulating human relations in social state.
Learning and teaching methods
- lessons
- seminars, activities of students
Assessment
Type (examination, oral, coursework, project):
– written exam-seminar: (70 %)
– oral presentation and oral examination (30 %)
Lecturer’s references