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Бакалаврская программа «Политология и мировая политика»

Constitutionalism and Democracy

2021/2022
Учебный год
ENG
Обучение ведется на английском языке
4
Кредиты
Статус:
Курс по выбору
Когда читается:
3-й курс, 3 модуль

Преподаватель

Course Syllabus

Abstract

This course focuses on the concept of constitutionalism, the most important notions associated with it (like the limitation of government, separation of powers, rule of law, fundamental rights, constitutional adjudication, etc.) and their relationship with various normative conceptions of democracy. On the one hand, the course aims to provide an introduction to the most important concepts related to constitutionalism, and to analyze them from normative and empirical perspectives. On the other hand, the aim is also to engage in a critical dialogue with the meaning and assessment of the introduced concepts. Every topic will be discussed through normative analysis, examples from comparative law and by scrutinising the relevance of each topic from the perspective of comparative politics. The ten topics can be clustered in four groups. The first two sessions are dealing with the notion of constitutionalism, its legal and political aspects as well as the possible sources of constitutional legitimacy. The following two sessions focus on the definition and various forms of rights, together with the controversies surrounding them, presenting the individualistic perspective of constitutionalism. The third block, also consisting of two topics deals with the various institutional practices supporting constitutionalism, namely the rule of law and constitutional adjudication. Finally, the last four topics all stress the limits of constitutionalism through the questions of emergency regulations; constitutional erosion; militant democracy; and global constitutionalism.
Learning Objectives

Learning Objectives

  • The course aims to provide an introduction to the most important concepts related to constitutionalism, and to analyze them from normative and empirical perspectives.
  • The aim is also to engage in a critical dialogue with the meaning and assessment of the introduced concepts.
Expected Learning Outcomes

Expected Learning Outcomes

  • As an outcome of the course, students should develop a more careful idea on the roots and relevance of human rights.
  • As the course material is running back-and-forth between normative and empirical approaches, the core aim of the course is to help students practice themselves in connecting these levels. This includes having a clearer grasp on how empirical research informs analytical and normative theory-building
  • Beyond connecting the theories and institutional applications covered by the course material, students should be able to reflect on salient contemporary issues from a conceptually and theoretically informed perspective.
  • By the end of the course, students should be able to situate contemporary problems pertaining democracy, rights, elections, press freedom, etc. in the framework of the constitutionalism vs. democracy debate, by possibly even contributing to the ongoing discussions on the issue.
  • By the end of the course, students would hopefully have the ability to discover the legal and institutional context of contemporary problems. This includes becoming comfortable with legal language and understanding the general logic of institutional design, which would help them finding the next steps in their discovery intuitively.
  • students should become capable of connecting normative and institutional questions. In this regard, students should develop and practice the skill of linking institutional practices with their normative roots. This should imply a more critical reflection on institutional practices, as well as a more realistic approach to normative theories.
Course Contents

Course Contents

  • Basic concepts: constitution, constitutionalism and democracy
  • Constitution-making
  • The notion of constitutional rights
  • Controversial topics: social and group-specific rights
  • Separation of powers and the rule of law
  • Constitutional adjudication
  • States of emergency
  • Militant democracy
  • Constitutional erosion and abusive constitutionalism
  • Global constitutionalism
Assessment Elements

Assessment Elements

  • non-blocking In-class Participation
    In the class participation components, the following qualities can result in a maximal grade: • frequency and concision of class participations • originality of class contributions • connection between preparation materials and class contributions • contribution to class discussion dynamics • participation in maintaining an inspiring class environment
  • non-blocking Presentation
    In the presentation, the following qualities can result in a maximal grade: • conceptual rigor and analytical engagement • clear connection between conceptual and empirical elements • clarity and sharpness of argument • thought-provoking elements
  • non-blocking Position paper
    In the position papers, the following qualities can result in a maximal grade:  identifying the key issues related to the topic  a good balance between the usage of the assigned readings and external literature/sources  clarity, sharpness and robustness of argument
  • non-blocking Position paper 2
    In the position papers, the following qualities can result in a maximal grade:  identifying the key issues related to the topic  a good balance between the usage of the assigned readings and external literature/sources  clarity, sharpness and robustness of argument
  • non-blocking Final exam
    The final exam is an 80 minutes-long open-book exam, focusing on the problem-solving and argumentative skill of the students related to the subject-matter
Interim Assessment

Interim Assessment

  • 2021/2022 3rd module
    0.3 * Final exam + 0.1 * In-class Participation + 0.2 * Position paper + 0.2 * Position paper 2 + 0.2 * Presentation
Bibliography

Bibliography

Recommended Core Bibliography

  • Rosenfeld, M., & Sajó, A. (2012). The Oxford Handbook of Comparative Constitutional Law. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.4E3D3A53
  • Sajó, A., & Uitz, R. (2017). The Constitution of Freedom : An Introduction to Legal Constitutionalism. Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1630779

Recommended Additional Bibliography

  • Choudhry, S. (2008). Constitutional Design for Divided Societies : Integration or Accommodation? Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=467636
  • Kymlicka, W. (DE-588)114420254, (DE-576)168349779. (1995). Multicultural citizenship : a liberal theory of minority rights / Will Kymlicka. Oxford [u.a.]: Oxford University Press [u.a.]. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edswao&AN=edswao.046028315