First cycle
degree courses
Second cycle
degree courses
Single cycle
degree courses
School of Economics and Political Science
HUMAN RIGHTS AND MULTI-LEVEL GOVERNANCE
Course unit
CONSTITUTIONAL DEVELOPMENT AND DEMOCRATISATION
EPP5070010, A.A. 2017/18

Information concerning the students who enrolled in A.Y. 2016/17

Information on the course unit
Degree course Second cycle degree in
HUMAN RIGHTS AND MULTI-LEVEL GOVERNANCE
EP1980, Degree course structure A.Y. 2013/14, A.Y. 2017/18
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Number of ECTS credits allocated 6.0
Type of assessment Mark
Course unit English denomination CONSTITUTIONAL DEVELOPMENT AND DEMOCRATISATION
Department of reference Department of Political Science, Law, and International Studies
Mandatory attendance No
Language of instruction English
Branch PADOVA
Single Course unit The Course unit can be attended under the option Single Course unit attendance
Optional Course unit The Course unit can be chosen as Optional Course unit

Lecturers
Teacher in charge SARA PENNICINO IUS/21

ECTS: details
Type Scientific-Disciplinary Sector Credits allocated
Educational activities in elective or integrative disciplines IUS/21 Comparative Public Law 6.0

Mode of delivery (when and how)
Period First semester
Year 2nd Year
Teaching method frontal

Organisation of didactics
Type of hours Credits Hours of
teaching
Hours of
Individual study
Shifts
Lecture 6.0 45 105.0 No turn

Calendar
Start of activities 25/09/2017
End of activities 19/01/2018

Examination board
Examination board not defined

Syllabus
Target skills and knowledge: Bridging the gap between comparative politics and comparative constitutional law, the course examines the nature of constitutional development and democratization in developing states using case studies drawn from different parts of the world. The course employs the methods typically used in the analysis of comparative constitutional law and focuses on constitution-making and constitutional amendment; federalism, regionalism and devolution; electoral laws and electoral justice; the role and functions of constitutional and supreme courts.
Examination methods: Students’ preparation will be assessed through a written exam composed of both a conceptual analysis and a practical exercise reflecting on issues presented and discussed in class.

Class attendance is not mandatory. Accordingly, attending and non attending students will take the SAME exam.
However, it should be noted that attending students' performance in the test will highly benefit from the participation in role plays and case study based exercises carried out in class.
Assessment criteria: The assignments will evaluate:
1)students’ ability to demonstrate knowledge of applicable conceptual frameworks
2) students’ critical analysis and argumentation on topical issues
Course unit contents: Week 1 Presentation of the goals and scope of the course Bridging the gap between comparative politics and comparative constitutional law; introduction to key concepts and definition of the legal approach to democratisation.
Self assessment test on basic concepts relevant to Constitutional law
Opening debate: Q1 "The spread of general principles of human rights and constitutional, representative government based on the rule of law: spurs for development or desirable outcomes of development?" Q2 "Cultural specificity and Constitutional law: are regionally-adapted versions of constitutionalism a viable solution?"

Week 2 Domestic and External Factors in Transitions towards Democracy – Part 1
Constitution-Making and Constitutional Amendment Processes

Week 3 Domestic and External Factors in Transitions towards Democracy – Part 2
Transition through Elections (electoral assistance; electoral observation; political rights protection and international standards; electoral laws; electoral justice; electoral management bodies; elections in post conflict societies; electoral violence)

Week 4 Institutional Framework and Transitions Towards Democracy
Illiberal, fragile and unstable democracies: forms of State and forms of Government under stress; State and religion in more recently adopted Constitutions; parliamentary or presidential? Is there a preferable type of executive to foster democratic longevity?

Week 5 Democratisation and Countermajoritarian Institutions
Judicial review and Constitutional adjudication; systems of constitutional adjudication in new democracies: structural and functional approach

Week 6 Society and Economic Transition
Democratisation, inequality and the Constitution: (transition toward a) market based economy, enforcement of social and economic rights and poverty as a constitutional challenge; gender and the Constitution

Week 7 Ethnic Conflict and Federal Structure
Territorial arrangements and conflict resolution; integration or accomodation?; minority rights and the Constitution.

Week 8 Lessons Learned
Selected students’ presentations on assigned case studies
Final discussion: Is there an ideal constitutional framework for Countries transitioning towards democracy?
Planned learning activities and teaching methods: Regular class attendance is strongly recommended. The course will consist of lectures, discussions, case studies, and student-led presentations. In all areas, the active participation of students is considered an essential element of teaching, learning and assessment.
Additional notes about suggested reading: Indications on study materials for each part of the course specific readings will be provided in due time. All information on the references to the study materials can be found on MA elearning platform.

NOTE THAT: with regard to the exam, study material for non attending students consist of the material available on the MA elearning platform

Texts of reference
Ginsburg T., Comparative Constitutional Design, Cambridge UP, 2014
Choudhry S. (ed.), Constitutional design for divided societies : integration or accommodation?, OUP, 2008
FrosiniJ.O., Biagi F. (eds), Political and Constitutional Transitions in North Africa: Actors and Factors, Routledge, London, 2014
Kuperman A. (ed), Constitutions and Conflict Management in Africa. Preventing Civil War Through Institutional Design, UPenn Press, 2015
Tushnet M., Saunders C., Fleiner T. (eds), ROUTLEDGE HANDBOOK OF CONSTITUTIONAL LAW, Routledge, 2013
Rosenfeld M., Sajó A. (eds), The Oxford Handbook of Comparative Constitutional Law, OUP, 2012
Teitel R.G.,Globalizing transitional justice: contemporary essays, OUP, 2014
Textbooks (and optional supplementary readings)
  • Ginsburg, Tom; Dixon, Rosalind, Comparative constitutional lawedited by Tom Ginsburg and Rosalind Dixon. Cheltenham: Northampton, Elgar, 2011. Cerca nel catalogo
  • Tushnet, Mark;, Advanced Introduction to Comparative Constitutional Law. --: Elgar Publishing, 2014. Cerca nel catalogo
  • Rosenfeld, Michel; Sajó, Andras, The Oxford Handbook of Comparative Constitutional Law. Oxford: Oxford University Press, 2012. Cerca nel catalogo