Constitution-building and transition to democracy

A.Y. 2019/2020
6
Max ECTS
40
Overall hours
SSD
IUS/21
Language
English
Learning objectives
The course - taking into account the new transnational legal order theoretical framework - aims at providing the students with the knowledge and the methodology necessary to: a) understand how constitution building processes interact not only with their domestic context but more and more with the broader environment of ideas and institutions outside a nation's borders, especially with various regional and international organizations, b) distinguish, from a comparative perspective, the main phases and characteristic of constitution building processes, and c) identify the different outcomes of constitution building processes according to the regional dynamics as, for example, among the post-socialist States.
Expected learning outcomes
At the end of the course the students are expected to:

- have acquired a comprehensive knowledge of the transnational legal order theoretical framework, of the interaction between constitution making and transnational legal orders and of the key features of constitution building processes from a comparative perspective.
- be able to apply the transnational legal order theoretical framework and the methodologies of comparative constitutional law to new case studies of constitution building in different regional contexts. .
- be capable, mastering a legal-constitutional lexicon, to discuss case studies regarding constitution making in a critical manner and to draft a short essay on a case study in the field of constitution building processes.
Course syllabus and organization

Single session

Responsible
Lesson period
Second trimester
Course syllabus
Attending students:
First module:
Definition of the transitional legal order theoretical framework.
The interaction between transitional legal orders and constitution making. The key features of constitution building from a comparative perspective.
Second module:
Constitution building processes and their outcomes in various historical and regional contexts. Constitution making in Germany and Japan, Spain, Portugal and Greece, in Latin America, in the former Socialist countries, in Timor Leste, in Irak and Afghanistan and after the Arab springs.

Not attending students:
First module:
Definition of the transitional legal order theoretical framework. The interaction between transitional legal orders and constitution making. The key features of constitution building from a comparative perspective.
Second module:
Constitution building processes and their outcomes in various historical and regional contexts. Constitution making in Germany and Japan, Spain, Portugal and Greece, in Latin America, in the former Socialist countries, in Timor Leste, in Irak and Afghanistan and after the Arab springs.
Teaching methods
The learning objectives and the expected learning outcomes will be achieved through:

a) frontal lessons (65% of the lessons) with the aim to introduce the students to the theoretical fundamentals of the course and to the methodologies of comparative constitutional law;

b) direct involvement of attending students (35% of the lessons) in the discussion of different constitution building processes with the aim to develop their comparative approach and their communication skills. The students will be also involved in the preparation of a short case study report.

In order to be considered as an attending student, the minimum attendance threshold is set at 2/3 of classes + 1 class.
Teaching Resources
Attending students:
First module:
G. Shaffer, T. Ginsburg, T. C. Halliday, Constitution-Making and Transnational Legal Order, Cambridge University Press, 2019. All Documents and articles that will be available on the e-learning platform ARIEL at cfilippinicbtd.ariel.ctu.unimi.it
Second module:
L. E. Miller (ed.) with L. Aucoin, Framing the State in Times of Transition: Case Studies in Constitution Making, Usip, Washington, 2010: Part I: n. 1, n. 2, Part. II: n. 5, Part. III: n. 8, n. 9, Part IV: n. 12, n. 13, n. 14, n. 15, Part. V: 16, 17, 19, Part. VI, n. 20, 21, in https://www.usip.org/online-chapters-framing-the-state#Part_2 All Documents and articles that will be available on the e-learning platform ARIEL at cfilippinicbtd.ariel.ctu.unimi.it

Not attending students:
First module:
M. Tushnet, Advanced Introduction to Comparative Constitutional Law, EE Elgar, Cheltenham, 2018; G. Shaffer, T. Ginsburg, T. C. Halliday, Constitution-Making and Transnational Legal Order, Cambridge University Press, 2019. All Documents and articles that will be available on the e-learning platform ARIEL at cfilippinicbtd.ariel.ctu.unimi.it.
Second module:
L. E. Miller (ed.) with L. Aucoin, Framing the State in Times of Transition: Case Studies in Constitution Making, Usip, Washington, 2010, in https://www.usip.org/online-chapters-framing-the-state#Part_2 All Documents and articles that will be available on the e-learning platform ARIEL at cfilippinicbtd.ariel.ctu.unimi.it.
Assessment methods and Criteria
Attending students:
Attending students have to write a short case study report aimed to verify that they are able to properly apply the knowledge, the methodology, the skills and the legal terminology acquired during the course.
The written report will be discussed and evaluated during the final oral exam which will also consists of other two questions:
- one question on the first part of the program aimed at making sure that the students have a comprehensive understanding of the interaction between transnational legal orders and constitution making,
- one question on the second part of the program aimed to verify whether the students can express in a critical manner an overall comparative assessment of the key features of constitution building processes in regional contexts and are able to apply the knowledge, the methodology and the skills acquired to different case studies.

The final grade will be expressed in thirties (0/30).

Not attending students:
Non attending students have to pass a final oral exam which will consists of five questions:
- two questions on the first part of the program aimed to making sure that the students have a good understanding of the interaction between transnational legal orders and constitution making,
- three question on the second part of the program aimed to verify whether the students can express in a critical manner an overall comparative assessment on the key features of constitution building process and are able to apply the knowledge, the methodology and the skills acquired to different case studies.

The final grade will be expressed in thirties (0/30).
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 40 hours
Professor: Filippini Caterina
Professor(s)
Reception:
MONDAY, 7 SEPTEMBER AND MONDAY 14 SEPTEMBER THE STUDENTS MAY DISCUSS THEIR THESIS WITH PROF. FILIPPINI USING MICROSOFT TEAMS FROM 9.00 AM UNTIL 12.00 AM.. THE ACCESS CODE IS INSERTED IN THE ARIEL SITE OF THE COURSE OF CONSTITUTION BUILDING
MICROSOFT TEAMS