Diagram 1 (The most important milestones in constitutional history)
Diagram 2 (Introduction to the principle of the rule of law)
|
Contribution to the course Hukum Kelembagaan Negara [Law of State Institutions] |
28.06.23 |
|
Semester 2, 2024/25 (S1 Reguler); Tuesday, 18.02., 25.02., 04.03. and 11.03.2025, 14:00 - 15:40, room IV.3.5 |
|
|
|
|
Final note
After the end of the course this website has been finished. It will stay available for the purpose of deepening and repetition. Thank you for your interest and commitment. You are always welcome to contact me for any comments or questions. With best wishes for your future studies, yours Prof. Dr. Thomas Schmitz
Course Contribution Description
This website informs about my contribution to the course Hukum Kelembagaan Negara [Law of State Institutions] in February and March 2025. My lectures complement those of my colleague Dr. Andy Omara from the perspective of comparison of laws with a special focus on constitutional law in Europe.
Downloads (PDF files)
|
|
|
|
|
Diagram 1 (The most important milestones in constitutional history) |
|
|
Diagram 2 (Introduction to the principle of the rule of law) |
|
|
Slides
presented in
the lectures (®
aids for illustration) |
|
|
More materials will follow during the course. |
Contents (summary/details)
|
|
§ 1 Introduction |
Part I: Introduction to constitutionalism in Europe
|
|
§ 2 Basics of constitutionalism |
|
|
§ 3 The European free and democratic constitutional state (1): fundamental constitutional decisions |
|
|
§ 4 The European free and democratic constitutional state (2): fundamental rights |
Part II: Legal aspects of the state institutions in parliamentary, presidential and semi-presidential governing systems
|
|
§ 5 The distinction between parliamentary, presidential and semi-presidential (hybrid) governing systems |
|
|
§ 6 Selected classical questions of executive-legislative relations in the three different types of governing systems |
Bibliography (for further studies)
|
|
Bogdandy, Armin von; Huber, Peter; Ragone, Sabrina (editors): The Max Planck Handbooks in European Public Law, vol. II: Constitutional foundations, 2023 (for in-depth studies) |
|
|
Kommers, Donale P.: German Constitutionalism: A Prolegomenon, German Law Journal 20 (2019), 534 ff |
|
|
Onida, Valerio; D'Amico, Marilisa a.o.: Constitutional Law in Italy, 3rd edition 2021 |
|
|
Paris, Marie-Luce; Foulon, Julie; Pouillaude, Hugo-Bernard ; Sterck, Julien: Constitutional Law in France, 2019 |
|
|
Robbers, Gerhard: Constitutional Law in Germany, 2nd edition 2024 |
|
|
Robbers, Gerhard: An Introduction to German Law, 8th edition 2023 (cf. p. 38 ff.) |
|
|
Shugart, Matthew Søbergt: Comparative Executive-Legislative Relations, in: Sarah A Binder; R. A. W. Rhodes; Bert A. Rockman (editors): The Oxford Handbook of Political Institutions, 2008 |
|
|
Wijayawati, Stephani Gabriella: Rule of Law in the Eyes of European Constitutionalism: Lessons for Indonesia, Juris Gentium Law Review 9(1) (2023), p. 46 ff. |
|
|
Yaşar Üniversitesi (editor), Parliamentary and Presidential Systems, 2016 (course materials) |
|
|
ECLR: European Constitutional Law Review, since 2005 (journal) |
|
|
ERPL/REDP: European Review of Public Law / Revue Européene de Droit Public, since 1989 (journal) |
A. Links concerning the general subject of the course contribution
 |
Constitutions: Basic Law for the Federal Republic of Germany of 1949, French Constitution of 1958, Italian Constitution of 1947, Spanish Constitution of 1978; constitutions of other European states |
|
|
Constitutional courts: Federal Constitutional Court [Bundesverfassungsgericht] (Germany), Constitutional Council [Conseil Constitutionnel] (France), Constitutional Court [Corte Costituzionale] (Italy), Tribunal Constitucional (Spain), others |
|
|
Associations: SIPE (Societas Iuris Publici Europaei, association of European constitutionalists), EPLO (European Public Law Organisation) |
|
|
Research institutions: Max Planck Institute for Comparative Public Law and International Law (Heidelberg, with huge library on public law in the world), Institute for European Constitutional Law (Trier), Center for Constitutional Studies and Democratic Development (Bologna) |
B. Links concerning special subjects
|
|
concerning § 2 II: Jan-Werner Müller; Kim Lane Scheppele, Constitutional patriotism: An introduction, I*CON 6 (2008), 67 ff. |
|
|
concerning § 2 IV: U.S. Supreme Court, Marbury v. Madison, 1803 (primacy of the constitution and constitutional review); Jutta Limbach, The Concept of the Supremacy of the Constitution, Modern Law Review 64 (2001), no. 1, p. 1 ff.; Christian Bumke; Andreas Voßkuhle, German Constitutional Law, 2019, no. 161 ff (on the interpretation of laws in conformity with the constitution) |
|
|
concerning § 3 II: Council of Europe, Venice Commission (European Commission for Democracy through Law, expert commission of the Council of Europe); Thomas Schmitz, The fundamental values of the European Union (course material) |
|
|
concerning § 3 III: Venice Commission (editor), The principle of respect for human dignity, Doc. no. CDL-STD(1998)026, 1998 |
|
|
concerning § 3 IV: See the links on the principle of democracy from the course Electoral Law |
|
|
concerning § 3 V: Thomas Schmitz, The rule of law - an often underestimated core principle of the modern constitutional state, guest lecture at UNDIP, Semarang, 18.03.2022; Venice Commission (editor), Rule of Law Checklist, 2016 |
|
|
concerning § 4 III: art. 1(3) German Basic Law (fundamental rights as directly applicable law - today a standard of constitutionalism), Thomas Schmitz, On the terms "Human Rights", "Fundamental Rights" and "Constitutional Rights" (course material) |
|
|
concerning § 5 III: Donald Trump and J.D. Vance in February 2025 on their (mis-)understanding of rule of law and separation of powers |
|
|
More links will follow during the course. |