69926 - Comparative Constitutionalism

Learning outcomes

This course's aims are: A) to make students familiar with the basic aspects of contemporary constitutionalism in Western democracies, countries in transition to democracy and beyond, B) to show them that comparative constitutional law gives us a better purchase on our own legal systems and legal cultures; C) to push them to evaluate the foundations of individual legal system; D) to provide them with a critical understanding of the strengths and limits of constitutional law in regulating social and political processes. The course will tackle three main subjects: 1) The definition of constitutionalism, written and unwritten constitutions, models of constitutional adjudication and different approaches to interpretation; 2) The ways in which limitations on governmental powers have been pursued in different constitutional systems; 3) A comparative framework for discussion of fondamental rights such as free expression, privacy, dignity, autonomy, equality and liberty.

Course contents

1) Why Comparative Constitutional Law?

2) The Constitution and its Dynamics

3) Constitution-making processes

4) Separation of Powers and Forms of Government

5) Federalism, Regionalism, and Secession

6) Constitutional Review of Legislation and the Role of Constitutional Courts

7) Citizenship and Fundamental Rights

8) Protection of Minorities

9) The State of Exception

10) Illiberal Democracies

Readings/Bibliography

The materials are available online in the platform "Virtual Learning Environment": https://virtuale.unibo.it/my/

Teaching methods

Course requirements include regular class attendance, active participation in class, and two papers.

Students must enroll within the first two weeks of the course.

Students are expected to have read the assigned materials before each class. 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 papers (see below in greater detail).

It must be underlined that, in the light of the current COVID-19 emergency, courses taking place during the first semester will be taught according to the models described here: https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021

 

Assessment methods

Students who have attained 70% class attendance

The final grade will be determined in the light of the two papers (see below in greater detail). The teacher will also take into consideration an active participation in class.

Please note that all papers are checked for plagiarism and all plagiarism cases will be reported to the Dean of the Law School.

The deadline to deliver both papers is December 10th. In case of late submissions, grades will be lowered by 2 points every 24 hours. To have the grade registered, students must then enroll for the "appello" of January or February. If a student does not enroll, the grade will not be registered.

• If you fail or if you are unhappy with our grade, you are NOT allowed to submit a new paper or a revised version of the previous paper. You will have to sign up for an oral exam (on ALL of the uploaded materials) in January or 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.

• If you have attained 70% class attendance, but you have not submitted your papers, you can still submit your papers one week before the January or February "appelli", but you must also take an oral exam on the uploaded materials concerning the following topics: 1) Why Comparative Constitutional Law?; 2) The Constitution and its Dynamics; 3) Constitution-making processes; 4) Separation of Powers and Forms of Government; 5) Federalism, Regionalism, and Secession; 6) Constitutional Review of Legislation and the Role of Constitutional Courts; 7) Citizenship and Fundamental Rights.

Students who have not attained 70% class attendance

Students are strongly recommended to regularly attend classes.

If you have not attained 70% class attendance, you are still requested to submit the two papers. Moreover, you must also take an oral exam on ALL of the uploaded materials.

Characteristics of the Final Papers

Each of the two papers must be 3000-word long (papers will be accepted so long as they are no more 10% below or above that figure). This includes the footnotes, but it does not include the final bibliography.

Students will be able to choose among five topics, which will be made public early in October.

The two papers must be uploaded on Compilatio.net. Students will be informed in due course abut the link that needs to be used for submission.

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).

You should rely 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, please schedule an appointment with a librarian who can teach you how to access databases.

Each paper is expected to have a bibliography consisting as a minimum of 12 entries.

Papers should be written in English (spelling must be consistent and can be American or British). Papers should 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.

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. Grades will be determined also in the light of how accurately entries are quoted.

How to quote different entries:

In the footnotes:

Books:

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

(more than 3 authors): Charlotte Marcus et al., Investigation into the Phenomenon of Limited-Field Criticism (Boston: Broadview Press, 1990), pp. 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, 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, no. 6 (1990): 87-101.

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

Teaching tools

The materials are available on the online platform "Virtual Learning Environment": https://virtuale.unibo.it/my/

Office hours

See the website of Francesco Biagi