COURSE INFORMATION
Course Title: INTRODUCTION TO LAW
Code Course Type Regular Semester Theory Practice Lab Credits ECTS
LAW 105 A 1 3 0 0 3 5
Academic staff member responsible for the design of the course syllabus (name, surname, academic title/scientific degree, email address and signature) NA
Lecturer (name, surname, academic title/scientific degree, email address and signature) and Office Hours: Heliona Miço , Thursday 14.30-16.30
Second Lecturer(s) (name, surname, academic title/scientific degree, email address and signature) and Office Hours: NA
Teaching Assistant(s) and Office Hours: NA
Language: English
Compulsory/Elective: Compulsory
Classroom and Meeting Time:
Course Description: The course will focus on the study of the laws, on the formation and the development of the state and the right, the social laws that determine the specific properties, characteristics and features of the state and the right, as well as their mutual influence. Studying the state and the right closely, this course addresses a number of their fundamental problems such as the origin of the state and the right, their social content, historical types of state and the right, their specific forms in the life of the society, principles of separation and unity of power, state bodies and their organization, sources of law, elements of the legal norm, interpretations of the legal norm, etc.
Course Objectives: The main objective of this course is to stimulate a broad understanding of public law and the dynamic processes underpinning the creation, evolution and development of norms and instruments in this field. In addition to questions of constitutional law, the course introduces students to aspects of international law, administrative law and other related topics. This course aims to provide students with: 1.the principles of state functioning; 2. the sources of the state and the right. 3. The main state institutions and their functions. 4. The characteristics of different countries and the way how they operate.
COURSE OUTLINE
Week Topics
1 The object of the course, the separation of public law from and the private law of its relation to other subjects. Origin of state and the right. Different theories about the origins of the state and the right. (p 3-33)
2 The state as a political organization and the state in the political-geographical sense. Other theories about state composition. State power and sovereignty as its main characteristic. (p. 34-60)
3 The concept of people, population and nationality. Understanding the territory of the state. Analysis of the function and the type of state. (p 60-85)
4 The analyses of the essence, content, and form of the state; The relation between form and content of the state Forms of state power; Legislative, executive, judicial power. (p 86-107)
5 The principle of separation of powers; The principle of power unity. Political organization of society; The structure of the state and its main organs. (p 107-140)
6 The analysis of the main state organs in Albania. Electoral system, general analysis of the Albanian system. Political parties, religious institutions, trade unions and other social organizations. (p 140-168)
7 Midterm exam
8 Understanding the right, its relation to economics, politics, morality, legal conscience, legal order. The legal norm and its elements. (p 168-196)
9 Violation of the right; Different concepts of law and right. (p 196-228)
10 The state and the right in different historical periods (p 229-281)
11 Sources of law, their historical overview; (p 281-296)
12 The main sources of law in Albania. (p 296-319)
13 The legal relationship, its elements. Legal facts. The concept of law enforcement; The operation of the legal norm in time and space. (p 320-341)
14 The interpretation of the law, its types and manners. Law enforcement by analogy. The concept of the legal system, the principles of its construction. (p 341-360)
Prerequisite(s): NA
Textbook: 1- Lecture notes of the instructor; 2-Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika 3- Constitution of the Republic of Albania (English version) last amended in 2016 by the law 76/2016, dated 22.07.2016 4- René Brouwer. The Study of Law as an Academic Discipline. Utrecht Law Review, Retrieved from www.utrechtlawreview.org |Volume 13, Issue 3, 2017 |http://doi.org/10.18352/ulr.405
Other References: 1- Luan Omari (2002) Shteti i së Drejtës, Elena Gjika, Tiranë. 2- Zhan-Zhak Ruso (1998) Kontrata sociale, Shtëpia Botuese Luarasi, Tiranë 3- Manmeet Singh. Theory of Relationship between Law and Morality. ISBN No: 978-81-928510-1-3 4- - Professor R.N. Gilchest. “The origin of the state”, Principle of Political Science 1957, page No.48 5- Ligji nr. 26/2019, “Për organizimin dhe funksionimin e policies gjyqësore”Ligjit Nr. 9877, datë 18.02.2008 “Për Organizimin e Pushtetit Gjyqësor në Republikën e Shqipërisë,” Fletore Zyrtare 2008, Nr. 27. 6- An Introduction to Law, PHIL HARRIS 2d edition, Cambridge University Press and “Introduction to law” BETH-WALSTON-DUNHAM, West legal studies, Thomson Press; Introduction to Law and the Legal System, FRANK AUGUST SCHUBERT, Wadsworth, Boston 2012.
Laboratory Work:
Computer Usage:
Others: No
COURSE LEARNING OUTCOMES
1 Gain knowledge on the theories regarding the origin of the state and the right and the content of the State.
2 Understand what is state power and sovereignty as its main characteristic
3 Understand the basic concepts of the functioning of the three powers - legislative, executive and juridical power
4 Be able to reflect on where the main authority lies within the constitution and who enforces it.
5 Learn about the ways in which the constitution protects individuals against the coercive power of the state and reflect on whether they are appropriate.
6 Understand the role of the courts and other bodies in monitoring or implementing aspects of public, constitutional and administrative law.
COURSE CONTRIBUTION TO... PROGRAM COMPETENCIES
(Blank : no contribution, 1: least contribution ... 5: highest contribution)
No Program Competencies Cont.
Bachelor in Political Science and International Relations (3 years) Program
COURSE EVALUATION METHOD
Method Quantity Percentage
Midterm Exam(s)
1
40
Project
1
10
Final Exam
1
50
Total Percent: 100%
ECTS (ALLOCATED BASED ON STUDENT WORKLOAD)
Activities Quantity Duration(Hours) Total Workload(Hours)
Course Duration (Including the exam week: 16x Total course hours) 16 3 48
Hours for off-the-classroom study (Pre-study, practice) 14 3 42
Mid-terms 1 12 12
Assignments 1 5 5
Final examination 1 18 18
Other 0
Total Work Load:
125
Total Work Load/25(h):
5
ECTS Credit of the Course:
5