Transnational Constitution-Making
A.Y. 2023/2024
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.
- 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.
Lesson period: Second trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second trimester
Course syllabus
For attending students
First Module:
What is a Constitution? Constitutions as Legal, Social and Political instruments. Constitution Making: Processes and Institutional Design. The Internationalisation of Constitutional Law and the Increasing role of External Actors on Constitution Making and on Developing Different Constitutional Transnational Legal Orders. Autocracy and Abusive Constitutionalism under the Cover of the Transnational Legal Order.
Second Module:
International Organisations, Regional Organisations, Nation Building and Constitution Making in Post-Soviet Countries under the influence of competing Transnational Legal Orders.
International Organisations, Regional Organisations and Constitution Making in Latin America, Africa, Asia, and MENA Countries: a comparison between authoritarian and democratic outcomes.
For non-attending students
Definition of the transitional legal order theoretical framework. The interaction between transnational legal orders and constitution making after the Second World War. The uneven results of transnational constitution making in the Post-Soviet Space. The competition among different transnational legal orders and their results on transitional processes in Latin America, Africa, Asia and MENA States: a comparison between authoritarian and democratic outcomes.
First Module:
What is a Constitution? Constitutions as Legal, Social and Political instruments. Constitution Making: Processes and Institutional Design. The Internationalisation of Constitutional Law and the Increasing role of External Actors on Constitution Making and on Developing Different Constitutional Transnational Legal Orders. Autocracy and Abusive Constitutionalism under the Cover of the Transnational Legal Order.
Second Module:
International Organisations, Regional Organisations, Nation Building and Constitution Making in Post-Soviet Countries under the influence of competing Transnational Legal Orders.
International Organisations, Regional Organisations and Constitution Making in Latin America, Africa, Asia, and MENA Countries: a comparison between authoritarian and democratic outcomes.
For non-attending students
Definition of the transitional legal order theoretical framework. The interaction between transnational legal orders and constitution making after the Second World War. The uneven results of transnational constitution making in the Post-Soviet Space. The competition among different transnational legal orders and their results on transitional processes in Latin America, Africa, Asia and MENA States: a comparison between authoritarian and democratic outcomes.
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 analysis and discussion of different constitution building processes with the aim to develop their comparative approach and their communication skills.
In order to be considered as an attending student, the minimum attendance threshold is set at 2/3 of classes + 1 class.
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 analysis and discussion of different constitution building processes with the aim to develop their comparative approach and their communication skills.
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:
C. Klein, A. Sajó, Constitution-Making: Process and Substance, in M. Rosenfeld, András Sajó (eds), The Oxford Handbook of Comparative Constitutional Law, 2012, Oxford University Press, p. 419-441
G. Shaffer, T. Ginsburg, T. C. Halliday, Constitution-Making and Transnational Legal Order, Cambridge University Press, 2019: Chapters 1 (pp. 1-23), 2 (pp. 26-53), 4 (pp. 85-90), 6 (pp. 156-186), 7 (188-233), 8 (234-264)
Second Module:
C. Filippini, Cooperation between the European Union and the Council of Europe in the Field of Institutional Reforms in Newly Independent States, in A. Di Gregorio, A. Angeli, The Eurasian Economic Union and the European Union, Moving toward a Greater Understanding, Eleven International Publishing, 2017 (pp. 109-124)
Bakardjeva Engelbrekt, The Eastward Enlargement as a Driving Force and Testbed for Rule of Law Policy in the EU, in A. Bakardjeva Engelbrekt, A. Moberg and J. Nergelius (eds), The Rule of Law in the EU. 30 Years after the Fall of the Berlin Wall, Hart Publishing 2021, Chapter 9 (pp. 181-228)
R. Uprinny, The Recent Transformation of Constitutional Law in Latin America: Trends and Challanges, in Texas Law Review, Vol. 89, 2011, pp. 1587-1609
R. Grote, T. Röder, Constitutionalism in Islamic Countries Between Upheaval and Continuity, Oxford University Press, 2012: Chapter 27 (pp. 475-512)
Further materials useful for following the lessons concerning nation building and constitution-making in specific countries will be uploaded on the Ariel website of the course.
Non-attending students:
M. Tushnet, Advanced Introduction to Comparative Constitutional Law, EE Elgar, Cheltenham, 2018 (Chapters 1-6).
G. Shaffer, T. Ginsburg, T. C. Halliday, Constitution-Making and Transnational Legal Order, Cambridge University Press, 2019 (Chapters 1-10).
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 (Chapters: 1, 2, 4, 5, 6, 7).
First Module:
C. Klein, A. Sajó, Constitution-Making: Process and Substance, in M. Rosenfeld, András Sajó (eds), The Oxford Handbook of Comparative Constitutional Law, 2012, Oxford University Press, p. 419-441
G. Shaffer, T. Ginsburg, T. C. Halliday, Constitution-Making and Transnational Legal Order, Cambridge University Press, 2019: Chapters 1 (pp. 1-23), 2 (pp. 26-53), 4 (pp. 85-90), 6 (pp. 156-186), 7 (188-233), 8 (234-264)
Second Module:
C. Filippini, Cooperation between the European Union and the Council of Europe in the Field of Institutional Reforms in Newly Independent States, in A. Di Gregorio, A. Angeli, The Eurasian Economic Union and the European Union, Moving toward a Greater Understanding, Eleven International Publishing, 2017 (pp. 109-124)
Bakardjeva Engelbrekt, The Eastward Enlargement as a Driving Force and Testbed for Rule of Law Policy in the EU, in A. Bakardjeva Engelbrekt, A. Moberg and J. Nergelius (eds), The Rule of Law in the EU. 30 Years after the Fall of the Berlin Wall, Hart Publishing 2021, Chapter 9 (pp. 181-228)
R. Uprinny, The Recent Transformation of Constitutional Law in Latin America: Trends and Challanges, in Texas Law Review, Vol. 89, 2011, pp. 1587-1609
R. Grote, T. Röder, Constitutionalism in Islamic Countries Between Upheaval and Continuity, Oxford University Press, 2012: Chapter 27 (pp. 475-512)
Further materials useful for following the lessons concerning nation building and constitution-making in specific countries will be uploaded on the Ariel website of the course.
Non-attending students:
M. Tushnet, Advanced Introduction to Comparative Constitutional Law, EE Elgar, Cheltenham, 2018 (Chapters 1-6).
G. Shaffer, T. Ginsburg, T. C. Halliday, Constitution-Making and Transnational Legal Order, Cambridge University Press, 2019 (Chapters 1-10).
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 (Chapters: 1, 2, 4, 5, 6, 7).
Assessment methods and Criteria
Attending students:
Attending students have to write a three/four pages case study report about transnational constitution-making in a specific country aimed to verify that they can properly apply the knowledge, the methodology, the skills, and the legal terminology acquired during the course. The written report, (sent by e-mail before the end of the course) will be discussed and evaluated (from 1 to 3 points) during the final oral exam which will also consist of other three 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,
- two questions on the second part of the program aimed to verify whether the students can express critically an overall comparative assessment of the key features of constitution building processes in regional contexts and can apply the knowledge, the methodology and the skills acquired to different case studies.
The final grade will be expressed in thirties (0/30).
Non-attending students:
Non-attending students have to pass a final oral exam which will consist of six questions:
- three questions on the first part of the program aimed to make sure that the students have a good understanding of the interaction between transnational legal orders and constitution-making,
- three questions on the second part of the program aimed to verify whether the students can express critically an overall comparative assessment of the key features of the constitution building process and can apply the knowledge, the methodology and the skills acquired to different case studies.
The final grade will be expressed in thirties (0/30).
Attending students have to write a three/four pages case study report about transnational constitution-making in a specific country aimed to verify that they can properly apply the knowledge, the methodology, the skills, and the legal terminology acquired during the course. The written report, (sent by e-mail before the end of the course) will be discussed and evaluated (from 1 to 3 points) during the final oral exam which will also consist of other three 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,
- two questions on the second part of the program aimed to verify whether the students can express critically an overall comparative assessment of the key features of constitution building processes in regional contexts and can apply the knowledge, the methodology and the skills acquired to different case studies.
The final grade will be expressed in thirties (0/30).
Non-attending students:
Non-attending students have to pass a final oral exam which will consist of six questions:
- three questions on the first part of the program aimed to make sure that the students have a good understanding of the interaction between transnational legal orders and constitution-making,
- three questions on the second part of the program aimed to verify whether the students can express critically an overall comparative assessment of the key features of the constitution building process and can 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
Professors:
Filippini Caterina, Nocera Laura Alessandra
Educational website(s)
Professor(s)
Reception:
Room 6