Duration
24h Th
Number of credits
| Master in law (120 ECTS) (Odd years, organized in 2023-2024) | 5 crédits |
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the first semester, review in January
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
L'enseignement est organisé une annnée sur deux : il est donné au cours de l'année académique 2023-2024 ; il ne le sera par contre pas au cours de l'année 2024-2025.
Observation liminaire :
This course aims to introduce students to the study of two foreign constitutional systems and to make a comparison, on a given theme, between the law in these countries and Belgian law. The two countries will be chosen by the students through a majority vote during the first class. Once the vote has been cast, it can no longer be modified. Students can choose between: the United States of America, France, the United Kingdom and the Federal Republic of Germany.
Learning outcomes of the learning unit
There are two parts to the course. The first one will be dedicated to a general presentation of the two foreign constitutional systems. During the second part, the comparative issue itself will be analysed, i.e. the legal problem, which will be the subject of the comparison in the three countries (i.e. the two foreign systems and the Belgian system). Finally, the aim of the second part of the course is to make a comparison between the three systems, relative to a determined and precisely formulated legal issue. As for defining this issue, it will be chosen (in the same way as the countries were chosen above) by the students themselves: during the first class, the lecturer will put several potential themes to the vote and the one with the most votes will be chosen.
Among the potential themes are:
- the acceptance of international law in domestic legal systems,
- the respective extent of the competencies of the executive and legislative powers,
- the internal division of Belgium,
- the electoral systems applicable to national elections (proportional representation, majority vote, mixed system) and their effects on the political landscape,
- la notion de discrimination positive,
- access to nationality,
- the composition and the prerogatives of the second parliamentary chambers (Belgian Senate, French Senate, British House of Lords, German Bundesrat, American Senate),
- the role of the Head of State in the legislative process,
- the organisation of constitutional justice,
- the influence of constitutional justice on such and such a power (executive, legislative, legal),
- the organisation of State relations and its components with other countries,
- etc.
Once the theme has been chosen and the exact issue determined, students are required to actively participate in order to find the appropriate answer to this issue of Belgian law: during the second part of the course, the lecturer will explain the legal system in both foreign systems, but it will be up to the students to gather the information on the situation in Belgian law. Since the subject of the comparison will be chosen during the first class, students will have sufficient time - i.e. all of the first part of the course, approximately seven weeks - to prepare this information relating to Belgian law.
Just before the start of the second part, students must send in a written summary on the position of Belgian law by e-mail, maximum three pages long, to the lecturer as well as to their fellow students. This summary will not be marked but the aim is to lead students to structure their thoughts regarding the regulations concerning the issue in Belgian law; the lecturer will draw up a list of e-mail addresses of all the students enrolled on the course in order to facilitate document exchange between them.
During the second part, the lecturer will explain the regulations in the two foreign countries and, on the basis of the students' summaries, discuss the solution required according to Belgian law; if necessary, the lecturer will complete the answers provided by the students, so that they have a clear and structured answer for each of the three countries after the thirty hours of the course.
The course requires students to read the texts in English and therefore requires a good passive knowledge of this language; however, the lecturer will happily answer any questions regarding vocabulary.
Prerequisite knowledge and skills
Réussite du cours de Droit constitutionnel (DROI1203-4). Ce prérequis n'est pas applicable aux étudiants Erasmus.
Planned learning activities and teaching methods
(none)
Mode of delivery (face to face, distance learning, hybrid learning)
in class (face-to-face) and independent readings
Recommended or required readings
Un dossier de documentation sera disponible sur le site ORBI, au nom de l'enseignant. Les étudiants inscrits à ce cours sont priés de le télécharger et de l'imprimer en début d'année académique.
The exam method is as follows : 70 % of the points are based on participation in the oral class; furthermore, students will be asked to write a note of seven pages maximum on the issue chosen for comparison.
The note should include
a) an introduction,
b) a conclusion consisting of an assessment of the various national regulations,
c) footnotes with precise references, and
d) a brief bibliography, enclosed in the appendix.
When writing their note, students will attempt, insofar as it is possible, to give each country equal importance and avoid a simple juxtaposition of the three legal mechanisms: they must proceed with an effective comparison (this question of methodology will have been dealt with right at the beginning of the course).
The note will count for the other 30 % of the points. An appointment will then be arranged to give both students and the lecturer the opportunity to discuss its content and to identify its strong and weak points ; the precise date of this appointment will be arranged by the students service (or the professor himself) and will take place during the exam session. The written piece of work must be handed in - this deadline is compulsory - five days before the date of the appointment at the latest (students may deliver it by e-mail).
Observation générale : Les modalités d'examen énoncées ci-dessus sont celles qui s'appliquent en situation sanitaire normale permettant le déroulement ordinaire des examens universitaires ; elles sont susceptibles d'être modifiées en fonction de la situation sanitaire.
Work placement(s)
Organisational remarks and main changes to the course
La première séance du cours aura lieu le mardi 19 septembre 2023 à 16h.
Le cours est organisé uniquement les années impaires (2023-2024, 2025-2026, ...).
Contacts
L'enseignant et les assistants du cours sont à la disposition des étudiants pour les aider dans leur recherche documentaire et dans la préparation de leur note de synthèse.
Assistants du cours :
Louise LAPERCHE, assistante et avocate aui barreau de Liège-Huy, louise.laperche@uliege.be
et
Lucas FONTAINE, assistant et avocat au barreau de Bruxelles, lucas.fontaine@uliege.be