Transnational constitution-making
A.A. 2022/2023
Obiettivi formativi
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 among different States.
Risultati apprendimento attesi
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.
Periodo: Secondo trimestre
Modalità di valutazione: Esame
Giudizio di valutazione: voto verbalizzato in trentesimi
Corso singolo
Questo insegnamento non può essere seguito come corso singolo. Puoi trovare gli insegnamenti disponibili consultando il catalogo corsi singoli.
Programma e organizzazione didattica
Edizione unica
Responsabile
Periodo
Secondo trimestre
In case of a sanitary emergency, the course will be taught according to the decrees adopted by the academic authorities
Programma
Attending students
First module:
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.
Second module:
The competition among different transnational legal orders and their results on transitional processes in Latin America and MENA States: a comparison between authoritarian and democratic outcomes.
Not attending students
First module:
Definition of 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.ot attending students:
Second module:
The competition among different transnational legal orders and their results on transitional processes in Latin America and MENA States: a comparison between authoritarian and democratic outcomes.
First module:
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.
Second module:
The competition among different transnational legal orders and their results on transitional processes in Latin America and MENA States: a comparison between authoritarian and democratic outcomes.
Not attending students
First module:
Definition of 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.ot attending students:
Second module:
The competition among different transnational legal orders and their results on transitional processes in Latin America and MENA States: a comparison between authoritarian and democratic outcomes.
Metodi didattici
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.
Materiale di riferimento
Attending students:
First module:
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), 6 (pp. 156-186).
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.
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).
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).
A. Di Gregorio, Transition to Democracy in the Countries of Central-Eastern, Baltic and Balkan Europe, in A. Di Gregorio (ed), The Constitutional Systems of Central-Eastern, Baltic and Balkan Europe, Eleven, 2019, Chapter 1 (pp.1-38).
W. Parlett, Russia's 2020 Constitutional Amendments: A Comparative Analysis, in Cambridge Yearbook of European Legal Studies, 2021, vol. 23 . 311-324).
C. Filippini, The Constitutional Development Of Ukraine. Amendment Procedures In Theory And In Practice, in G. Brogi, M. Dyczok Oxana Pachlovska, G. Siedina (a cura di), Ukraine Twenty Years After Independence. Assessments, Perspectives, Challenges, Aracne Editrice, Roma, 2015, pp. 119-140.
Second module:
G. Shaffer, T. Ginsburg, T. C. Halliday, Constitution-Making and Transnational Legal Order, Cambridge University Press, 2019: Chapters 4 (pp. 85-109), 7 (pp. 188-233), 8 (pp. 234-264), 9 (pp. 265-282).
J. Corrales, Fixing Democracy: How Power Asymmetries Help Explain Presidential Powers in New Constitutions, Evidence from Latin America, Oxford University Press, 2018: Chapters 2, 3 and 4.
R. Uprinny, The Recent Transformation of Constitutional Law in Latin America: Trends and Challanges, in Texas Law Review, Vol. 89, 2011, pp. 1587-1609.
D. F. Wajner, L. Roniger, Transnational Identity Politics in the Americas: Reshaping "Nuestramérica" as Chavismo's Regional Legitimation Strategy, in Latin America Research Review, Vol. 54, No. 2, 2019, pp. 458-475.
R. Grote, T. Röder, Constitutionalism in Islamic Countries Between Upheaval and Continuity, Oxford University Press, 2012: Chapters 27 (pp. 475-512), 28 (pp. 513-533), 29 (pp. 535-551).
A. Stepan, Democratic Transition in the Muslim World. A Global Perspective, Columbia University Press, 2018: Chapters 1 (pp. 15-28), 2 (pp. 29-42), 4 (pp. 73-90), 6 (pp. 121-148), 7 (pp. 149-161).
G. Teubner, Quod Omnes Tangit: Transnational Constitutions without Democracy?, in Journal of Law and Society, Vol. 45, No. 1, 2018, pp. 5-29.
Not 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:
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), 6 (pp. 156-186).
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.
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).
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).
A. Di Gregorio, Transition to Democracy in the Countries of Central-Eastern, Baltic and Balkan Europe, in A. Di Gregorio (ed), The Constitutional Systems of Central-Eastern, Baltic and Balkan Europe, Eleven, 2019, Chapter 1 (pp.1-38).
W. Parlett, Russia's 2020 Constitutional Amendments: A Comparative Analysis, in Cambridge Yearbook of European Legal Studies, 2021, vol. 23 . 311-324).
C. Filippini, The Constitutional Development Of Ukraine. Amendment Procedures In Theory And In Practice, in G. Brogi, M. Dyczok Oxana Pachlovska, G. Siedina (a cura di), Ukraine Twenty Years After Independence. Assessments, Perspectives, Challenges, Aracne Editrice, Roma, 2015, pp. 119-140.
Second module:
G. Shaffer, T. Ginsburg, T. C. Halliday, Constitution-Making and Transnational Legal Order, Cambridge University Press, 2019: Chapters 4 (pp. 85-109), 7 (pp. 188-233), 8 (pp. 234-264), 9 (pp. 265-282).
J. Corrales, Fixing Democracy: How Power Asymmetries Help Explain Presidential Powers in New Constitutions, Evidence from Latin America, Oxford University Press, 2018: Chapters 2, 3 and 4.
R. Uprinny, The Recent Transformation of Constitutional Law in Latin America: Trends and Challanges, in Texas Law Review, Vol. 89, 2011, pp. 1587-1609.
D. F. Wajner, L. Roniger, Transnational Identity Politics in the Americas: Reshaping "Nuestramérica" as Chavismo's Regional Legitimation Strategy, in Latin America Research Review, Vol. 54, No. 2, 2019, pp. 458-475.
R. Grote, T. Röder, Constitutionalism in Islamic Countries Between Upheaval and Continuity, Oxford University Press, 2012: Chapters 27 (pp. 475-512), 28 (pp. 513-533), 29 (pp. 535-551).
A. Stepan, Democratic Transition in the Muslim World. A Global Perspective, Columbia University Press, 2018: Chapters 1 (pp. 15-28), 2 (pp. 29-42), 4 (pp. 73-90), 6 (pp. 121-148), 7 (pp. 149-161).
G. Teubner, Quod Omnes Tangit: Transnational Constitutions without Democracy?, in Journal of Law and Society, Vol. 45, No. 1, 2018, pp. 5-29.
Not 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).
Modalità di verifica dell’apprendimento e criteri di valutazione
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).
Not 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).
Not 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 - DIRITTO PUBBLICO COMPARATO - CFU: 6
Lezioni: 40 ore
Docenti:
Filippini Caterina, Nocera Laura Alessandra
Siti didattici
Docente/i
Ricevimento:
Nel secondo trimestre il ricevimento ha luogo il mercoledì alle ore 14.30 - stanza 6 - Dipartimento studi internazionali, giuridici e storico politici