HISTORY OF EUROPEAN CONSTITUTIONALISM

The course is targeted at the students of the first year of the EU studies path of the MA programme in Comparative International Relations (RIC). Due to its historical-conceptual layout, the course contributes to the achievement of the multidisciplinary objectives of the MA programme.

By the end of the course, students will have achieved a thorough knowledge of the history of European constitutionalism. In particular, students will be able 1) to discuss the main theoretical issues related to the theme of constitutionalism; 2) to develop a broad historical perspective on the topic, from the the birth of the modern state up to today; 3) to master the history of constitutionalism in Europe from the eighteenth to the twenty first century.
More generally, the course aims at 1) strengthening the learning abilities of the students; 2) enhancing their capacity to tackle with complex theoretical issues; 3) strengthening their communication skills and their ability to work in team.

No prior familiarity with the topic of the course is required. However, students are expected to have a basic knowledge of European Modern History.

To refresh and go further in English language: - Norman Davies, Europe A History, The Bodley Head, 2014. Chapters VIII Lumen: Enlighteenment and Absolutism c. 1650-1789; IX Revolution: A continent in Turmoil c. 1770-1815; X Dynamo: Powerhose of the World: 1815-1914; XI Tenebrae: Europe in Eclipse c. 1914-1945; XII Divisa et indivisa: Europe Divided and Undivided, 1945-1991

The course will be organised as follows:
- The first part of the course will be devoted to the analysis of the topic of constitutionalism from a general point of view. Both the historical perspective as well as the main theoretical issues related to the topic will be explored (written constitution, , rule of law, constituent power, sovereignty, separation of powers etc.).
- The second part of the course will be devoted to the history of European constitutionalism from the Age of Enlightenment to contemporary times. We will read and analyse constitutions and declarations of rights promulgated by different European countries as well as by the Council of Europe and the European Union.
- The last three sessions will be devoted to student presentations. Each session will be devoted to one of the following topics: 1) historical perspectives on constitutionalism chosen countries; 2) content and evolution of the rule of law; 3) perspectives on European integration. Students will be asked to form three groups and work collectively on a class presentation on the chosen topic (duration: approx. 50 minutes, followed by questions and answers). Students are encouraged to use digital tools (PPT presentations, videos, etc.). Students will be helped by the lecturer to identify potential topics to be covered and the relevant secondary bibliography (further details will be provided during the course).

Available in open access on the Internet: - Entries ‘Constitutionalism’ (R. Bellamy) and ‘Constitution’ (H. Spiro), in the “Encyclopedia Britannica” [online].

Available through Ca Foscari library:
- Frankenberg, Günter, “Comparative Constitutional Studies. Between Magic and Deceit”, Elgar 2018, pp. 156-191 (Ch. 5, ‘Constitutional Experimentalism in Nineteenth-Century Europe’).
- Grimm, Dieter, “Constitutionalism: Past, Present, and Future”, Oxford University Press 2016, pp. 3-38 (Ch. 1, ‘The Origins and Transformation of the Concept of the Constitution’).
- Rubinelli, Lucia, “Constituent Power: A History”, Cambridge University Press 2020.

Not yet available through Ca Foscari library:
- Andrea Buratti, Western Constitutionalism - History, Institutions, Comparative Law, Third Edition, Giapichelli.

The group presentation in class will represent the 30% of the final mark.

For the rest (70%), the mark will be determined through a paper on a topic approved by the professor.
For non attending students: a paper on a topic approved by the professor.

The paper will have to be submitted by mail about two weeks before the date indicated on the calendar for the exam. Final dates will be indicated by a moodle message.
The paper will have to be written in English and have between 4 000-5 000 words.
Quotations have to be indicated by inverted commas ("---"). They can be made in English, Italian, French, German, Dutch, Spanish, Portuguese or Russian. If in another language a translation should be provided. A list of documents used should be provided, with the following indications: author, title, internet site where applicable, title and number of the journal in which it is published where applicable, date, page if applicable.
Papers will be submitted to https://www.compilatio.net/en antiplagiarism detection.

Academic lectures; Seminars; Case-study analysis; PPT presentations

English

oral