Public law and political science [DROIB324]

Learning outcomes

The course is interdisciplinary. It allows students to use their basic training in history, sociology, philosophy and economics to study a current social issue, to perceive the issues at stake and to evaluate whether the legal response to it is, in their opinion, adequate. The teaching unit is the culmination of the bachelor's degree course and requires students to work in groups. At the end of the course, the student must : 1. be familiar with the main sources (including non-legal ones) dealing with the chosen issue (in particular the case law of the European Court of Human Rights in this field) and be able to articulate them; 2. to have developed a culture of human and social sciences, capable of decoding the legal phenomenon studied and of reflecting critically on the law; 3. be aware of the relative and evolving nature of legal solutions and the controversies they may generate. The course also aims to develop the student's ability to : 1. work in groups on one or more angles of approach to the chosen question (philosophical, religious, historical, sociological, political, legal, etc.); 2. present the results of the research in public and in a group in accordance with scientific ethics; 3. organise a debate with the audience; 4. prepare appropriate course materials; 5. Defend an argued and personal point of view on the adequacy of the proposed legal solutions to the chosen societal issue; 6. mobilise specific language skills in English and Dutch to study the sources; 7. master the French language as a tool for legal thinking and the legal terminology specific to the subject ; 8. carry out oral work independently but collectively.

Objectives

The course aims at mastering the above-mentioned learning outcomes. It is mainly aimed at the interdisciplinary study of a current social issue, confronting the student with the main ways of approaching it.

Content

Lawyers are often criticised for reasoning in a vacuum, more concerned with legal technique than with imagining real solutions for society. This is a serious mistake ... The rule of law requires, of course, the respect of elementary principles, such as legality, non-retroactivity, the hierarchy of norms, etc. But beyond these principles, which have been the subject of much debate, the rule of law is not only a matter of the law. But beyond these principles, which are often intended to organise, share and limit powers, each legal question, if it is correctly approached, actually conceals a societal issue that it makes it possible to apprehend, regulate and therefore, ultimately, manage. The issue studied this year will be the wearing and display of religious symbols, particularly in the context of labour relations and education. It will show that philosophy, theology, sociology, and more generally political and administrative science, allow for so many approaches to the phenomenon that end up transcending the legal rules to determine their content.