89943 - THE LEGAL AND CONSTITUTIONAL FOUNDATIONS OF SOCIETY

Conoscenze e abilità da conseguire

Conoscenze e abilità da conseguire At the end of the course, the student will be capable of identifying some of the key functions of constitutions, as well as some of the key political and social tensions in contemporary constitutional democracies. Sociological analysis will be introduced to explore constitutions as complex, but essential, institutions of democratic societies (providing legitimacy, guaranteeing democratic rights, protecting identity, stimulating societal integration). The course introduces the student to the analysis and understanding of: - the social and societal functions of constitutions and constitutional norms; - the role of societal actors in constitutional politics and constitutional change; - the relation between societal transformation, technocracy, and populism; - the populist critique on liberal, constitutional democracy; - the relation between European integration and constitutional-democratic change. The course will introduce students to various sociological approaches to the study of (European) constitutionalism, analyze socially relevant dimensions of constitutions, and apply some of this knowledge in the study of societal and constitutional transformation in Europe. The Legal and Constitutional Foundations of Society

Contenuti

Programme

Sociology is closely related to the idea of constitutions, in that constitutions provide the foundations for society to ‘hold together’. Constitutions form a core component of the legitimation of societal institutions, and constitutional norms importantly contribute to societal formation, integration, and political self-government.

The specific sociological approach to constitutions understands constitutions in a context-sensitive manner and investigates how constitutions have become a central element in the integration of modern societies. The making of constitutions is a unique historical event, and the way constitutions are structured and relate to their socio-political environment is distinct for specific societies. Today, this means that even if processes of Europeanization and supranational constitutionalization play an important role in domestic European societies, distinctive national constitutional cultures and traditions endure.

The course aims at stimulating students to address constitutional and legal matters from a sociological perspective, in this way clarifying the deeply sociological nature of law and constitutional foundations, and the consequences of this insight for the actual functioning of the law. A plurality of approaches to a constitutional sociology will be discussed, including Luhmannian, historical-sociological, phenomenological, and political-sociological approaches. The course will distinguish between approaches and apply some of these in the sociological exploration of constitutional traditions and norms in European countries and of the European Union at large.

Examining constitutions from a sociological perspective introduces students to the analysis and understanding of constitutions’ importance for collective identity, social interaction and integration, regulation of society, legitimacy and legality, and civic, democratic engagement, as well as the increasing gap between rapid social change (societal acceleration) and constitutional structures. Students will be encouraged to explore constitutions from a range of dimensions – cultural, political, social, symbolical, imaginary – and learn about the complex and fragile nature of the foundations of modern societies.

Class 1 Introduction to the course

The sociology of constitutions understands constitutions in a context-sensitive manner. Different approaches to a constitutional sociology can be identified, including Luhmannian, historical-sociological, and political-sociological approaches. The sociological approach will be utilized in the exploration of constitutional traditions in European countries and of the European Union at large.

Class 2 Constitutions and constitutional traditions in Europe

The making of constitutions is a unique historical event, and the way constitutions are structured and relate to their socio-political environment is strongly context dependent. This means that even if processes of Europeanization and supranational constitutionalization play an important role in domestic European societies, distinctive national constitutional cultures and traditions keep on playing an important role.

Class 3 Constitutions, Rights, and European Integration

European integration is for an important part about integration-through-law. The European project prominently involves a process of incremental constitutionalization and an increasing role of rights. In particular in the project for a European Constitution, the fundamental politico-legal dimension came to the fore. It can however be argued that part of the failure of the European Draft Constitution is due to a lack of attention to important sociological dimensions, including questions regarding identity, legitimacy, and societal engagement with the law.

Class 4 The Many Constitutions of Europe

The European integration project has developed its own constitutional dimensions, not least through a gradual evolution of EU law and the interpretation by the European Court of Justice. From a sociological point of view, it can be argued that there are, however, other constitutional dimensions of the European integration project, which are not necessarily captured by the legal constitution.

Class 5 Domestic Constitutional Reform in Europe

Various constitutional orders in Europe are the object of constitutional reform and in some cases far-going change. Main questions to be discussed are: what are the purposes of these reforms, whether the relation between constitutionalism and modern society is changing, what does an increasingly pluralistic landscape of constitutionalism look like, and how do domestic constitutional orders relate to an increasingly constitutionalized transnational/European situation.

Class 6 Constitutions and Civic Participation

An increasingly important dimension of relations between society and constitutional politics in Europe regards civic participation in constitutional amendment and drafting. A trend towards participatory constitutionalism can be identified, which blurs the distinction between law and society in important ways. Such a trend can also be discerned on the EU level.

Class 7 Constitutions and Illiberal Democracy in New EU Member States

The new democracies in Central and Eastern Europe have embarked on the constitutionalization of democratic regimes since at least the early 1990s. A specific set of templates can be said to be important in this process of constitutionalization, which has arguably involved the institutionalization of so-called new constitutionalism, which portrays constitutions as relatively distinct from situated societies.

Class 8 Grassroots Constitutionalism

Constitutions are in legal and political-scientific approaches largely understood as top-down orders, grounded in universally valid principles and rights. An alternative, society-oriented view argues that constitutions are importantly expressions of local mores, traditions, and historical experiences. An additional perspective emphasizes the creation of constitutional norms and constitutionalization from the bottom-up.

Class 9 The Future of a Constitution for Europe

The political constitutional project for the EU of the early 2000s failed in the French and Dutch ratification referenda in 2005. The objective of an official Constitution for the European Union seems to be further away than ever. Key questions are what are the obstacles to a formal constitutionalization of the EU and why would it be necessary?

Class 10 Global constitutionalism

Global constitutionalism can be understood as involving the constitutionalization of international regimes and institutions (e.g. the United Nations), but also as the diffusion and increasing interconnectedness of domestic constitutional orders. A different way of understanding post-national phenomena is through the lens of constitutional pluralism. Global constitutional tendencies strongly differ from the national experiences in the conspicuous absence of a global society.

Testi/Bibliografia

Bani, Marco. "Crowdsourcing democracy: The case of Icelandic social constitutionalism." in: Politics and Policy in the Information Age, Springer (2012), 1-19.

Blokker, P. (2017), ‘Introduction. Constitutional Challenges, Reform, and Acceleration’, in: P. Blokker (ed.), Constitutional Acceleration within the EU and Beyond, Routledge.

Blokker, P. and C. Thornhill (2017), Sociological Constitutionalism, Cambridge University Press.

Febbrajo, Alberto, and Giancarlo Corsi, eds. Sociology of Constitutions: A Paradoxical Perspective. Routledge, 2016.

Galligan, D. J., & Versteeg, M. (Eds.). (2013). Social and political foundations of Constitutions. Cambridge University Press.

Münch, R. (2008), ‘Constructing a European society by jurisdiction’, European Law Journal, 14(5), pp. 519-541.

Prandini, R. (2013), ‘The Future of Societal Constitutionalism in the Age of Acceleration’, 20:2 Indiana Journal of Global Legal Studies 731-776.

Schluchter, Wolfgang. "The sociology of law as an empirical theory of validity." Journal of Classical Sociology 2.3 (2002): 257-280.

Thornhill, C. (2017), ‘The Sociology of Constitutions’. Annual Review of Law and Social Science, 13, pp.493-513.

Metodi didattici

A combination of lectures, collective debate, and a documentary. It is advisable that students are prepared on the assigned readings before coming to class. Participation is expected and rewarded.

Modalità di verifica e valutazione dell'apprendimento

Active participation and discussions 30%

Midterm exam 30%

Final paper 40%

Strumenti a supporto della didattica

Useful resources

(sources of information - including videos/documentaries and blogs) that students are recommended to use for a more comprehensive understanding of the subject matter)

Blogs

Verfassungsblog [http://verfassungsblog.de/?lang=en]

Constitution-Making and Constitutional Change [http://constitutional-change.com/]

EUI – Working group Constitutionalism and Politics [https://blogs.eui.eu/constitutionalism-politics-working-group/]

Videos

Crowdsourcing A Constitution in Iceland [https://www.youtube.com/watch?v=CMbfeWDGjtM]

Constitutional Reform in Italy [http://www.dw.com/en/bye-bye-dolce-vita-the-crisis-in-italy/av-36522880]

Italian Reform: Yes or No? [http://video.aljazeera.com/channels/eng/videos/inside-story---will-italians-vote-yes-or-no-for-constitutional-reforms%3F/5234745910001;jsessionid=1C13974318F1201479966FF4F8C56E82]

Deliberative constitution-making [https://www.youtube.com/watch?v=3E6Z_AW3CRk]

Polish Democracy in Danger? [http://www.aljazeera.com/programmes/peopleandpower/2016/04/poles-160406143143740.html]

The Hungarian Illiberal Turn [https://www.youtube.com/watch?v=E81YIq-m8cQ]

Democracy in Europe: Hungary [http://www.debalie.nl/agenda/podium/democracy-in-europe%3A-hungary/e_9782729/p_11768191/]
a triptych on democracy in Hungary, Poland and Turkey [http://www.debalie.nl/agenda/podium/democracy-in-europe%3A-hungary/e_9782729/p_11768191/]

Guardians of the Constitution – The German Bundesverfassungsgericht [https://www.youtube.com/watch?v=NvlsbrElLDA]

How Is Poland Disrupting The European Union? [https://www.youtube.com/watch?v=fUOuGQ5D-Rs]

Organizations/projects

Comparative Constitutions Project [http://comparativeconstitutionsproject.org/]

IDEA International – Constitution Building [http://www.idea.int/our-work/what-we-do/constitution-building]

Orario di ricevimento

Consulta il sito web di Paulus Albertus Blokker