79043 - Comparative Constitutionalism (LM)

Learning outcomes

This course's aims are:

·        to make students familiar with the basic aspects of contemporary constitutionalism in Western democracies, countries in transition to democracy and beyond;

·      to show them that, by revealing how other systems address similar problems, comparative constitutional law gives us a better purchase on our own legal system and legal culture;

·        to push them to evaluate the foundations of individual legal systems: the assumptions, choices and values that have formed them;

·        to provide them with a critical understanding of the strengths and limits of constitutional law in regulating social and political processes.

Course contents

The first part of the course will tackle three main subjects:

1)     “Defining and Elaborating the Constitution”, which treats fundamental subjects such as the definition of constitutionalism, written and unwritten constitutions, models of constitutional adjudication and different approaches to interpretation;

2)     “The Division of Governmental Powers”, which explores the ways in which limitations on governmental powers have been pursued in different constitutional systems (presidential v parliamentary democracy, federalism and regionalism etc.)

3)     “Fundamental Rights”, which provides a comparative framework for discussion of free expression, privacy, dignity, autonomy, equality and liberty.

 

The second part of the course is designed to explore constitutionalism and democratization in Africa and in the Arab countries.

Readings/Bibliography

The syllabus can be picked up at "Copisteria Il Papiro", via Marsala  38/a 40126 Bologna

Teaching methods

Course requirements include regular class attendance, active participation in class discussion and  one long paper (approx 7500 words: BELOW YOU CAN FIND DETAILED INSTRUCTIONS CONCERNING YOUR PAPER). Students can enroll until the end of the second week of class. To ENROLL PLEASE WRITE AN EMAIL TO [compconst2016@gmail.com] WITH YOUR NAME AND STUDENT NUMBER. Students are expected to have read the assigned materials before each class as I will cold call. Class time will be divided between lectures and discussion. Each topic will be introduced by the instructor.  It is a requirement that students attend at least 70% of class meetings during the semester. A student who does not meet this requirement will have to take an oral exam covering all materials in the syllabus in addition to completing the course paper.

Assessment methods

The final grade will be determined in the light of the paper (70%) and of participation in class and discussion (30%). Please note that I check ALL papers for plagiarism and report all plagiarism cases to the Dean. The deadline for the paper is DECEMBER 10. If you are late submitting your paper, your grade will be lowered by 2 points every 24 hours. You will then be able to check for grade on the School website, and enroll for the "appello" of January or February. It is a student's responsability to enroll in order for me to register the grade. If a student does not enroll, the grade will not be registered. 

WHAT HAPPENS IF YOU FAIL?

EXCHANGE STUDENTS WHO CONCLUDE THEIR BOLOGNA STUDIES IN JANUARY cannot submit an additional paper or a revised version of their already submitted paper. However, students may by sign up for a written exam (during the month of January of February) on a day on which it is officially scheduled by the Law School. Please note that no student will be able to schedule an exam or have a paper graded after their departure from Bologna.

EXCHANGE STUDENTS WHO ARE IN BOLOGNA FOR THE WHOLE ACADEMIC YEAR AND STUDENTS WHO ARE REGULARLY ENROLLED AT THE BOLOGNA SCHOOL OF LAW can submit a revised version of their paper (or a new paper) on or before April 30th. Their grade will be registered in May.

IMPORTANT

Final Paper

The wordcount for the paper is 7500 (papers will be accepted so long as they are no more 10% below or above that figure). The topic of your paper should be decided with my research assistants during office hours (please, do NOT submit a topic proposal by email). Papers should contain different Sections, with titles, starting with an Introduction. Papers should not consist in a mere juxtaposition of cases and/or legislation, and should be analytical. You are welcome to provide your personal opinion on your topic, as long as it relies on a robust analysis and on a solid bibliography. Papers should not simply list different countries' legal frames (e.g. Euthanasia in Italy, France, the UK and Belgium, with a description of the different laws regulating euthanasia in each country), and should rather engage in a fruitful comparison (comparing the rationale of different laws and different judicial approaches). A general description of a given legal system (e.g. “The Spanish constitutional model”) should be avoided. Exchange students should not submit a paper focusing on a topic pertaining exclusively to their own legal system, with no comparison (e.g. a student from Germany should not pick “The role of the Bundesrat in the German constitutional model” as his/her topic).

You should rely mainly on books, law journal articles and cases (NEVER on Wikipedia). In order to conduct your research, you should go to the Law School library and in case you have difficulties, schedule an appointment with a librarian who can teach you how to access databases. I expect a long paper to have a bibliography consisting as a minimum of 30 entries.

Papers should be written in English (spelling must be consistent and can be American or British). Please, bear in mind that while my aim is not to test your linguistic abilities, I expect papers to be written in a clear, correct, idiomatic and comprehensible manner.

Papers should include a bibliography at the end, listing all cited works and cases, and should include footnotes (not endnotes). Papers with no footnotes and/or no bibliography will be given a failing grade. Also, below you see how to quote your entries according to the Chicago Manual of Style. You should strictly follow these rules, unless you prefer to quote according to a different style (e.g. Oxford), which is fine as long as it is consistent. Please bear in mind that your grade will be determined also in the light of how accurately you quote your entries.

How to quote different entries:

IN YOUR FOOTNOTES :

BOOKS:

(up to two authors): Liam P. Unwin and Joseph Galloway, Peace in Ireland(Boston: Stronghope Press, 1990), 193.

(more than 3 authors): Charlotte Marcus et al., Investigation into the Phenomenon of Limited-Field Criticism (Boston: Broadview Press, 1990), 163-165.

(edited books): Anthony B. Tortelli, ed., Sociology Approaching the Twenty- first Century (Los Angles: Peter and Sons, 1991).

JOURNAL ARTICLES:

Cartright C. Bellworthy, “Reform of Congressional Remuneration,” Political Review 7 , no. 6 (1990): 93-94.

IN THE BIBLIOGRAPHY:

BOOKS:

(up to two authors): Unwin, Liam P., and Joseph Galloway. Peace in Ireland . Boston: Stronghope Press, 1990.

(more than 3 authors): Marcus, Charlotte, Jerome Waterman, Thomas Gomez, and Elizabeth DeLor. Investigations into the Phenomenon of Limited-Field Criticism . Boston: Broadview Press, 1990

(edited books): Tortelli, Anthony B., ed. Sociology Approaching the Twenty-fi rst Century . Los Angeles: Peter and Sons, 1991.

JOURNAL ARTICLES:

Bellworthy, Cartright C. “Reform of Congressional Remuneration.” Political Review 7 , no. 6 (1990): 87-101.

For further clarification please visit the Chicago Manual of Style online at <http://www.chicagomanualofstyle.org/tools_citationguide.html>

Office hours

See the website of Susanna Mancini