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). Thanks 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 command the main theoretical issues related to the theme of constitutionalism; 2) to develop a broad historical perspective on the topic, from the antiquity up to the Modern Era; 3) to master the history of constitutionalism in France across the eighteenth and the nineteenth 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, and especially of the history of modern France.
To those who would like to deepen their historical knowledge, I recommend: R. Price, A Concise History of France, Cambridge University Press 2014 (or previous editions); J. Popkin, A History of Modern France, Routledge 2020 (or previous editions).

The course will be organised as follows:
- The first part of the course will be devoted to the analysis of the nature of constitutionalism from a general point of view. In a chiefly historical framework, the main theoretical issues connected to the theme will be investigated (written constitution, state of nature, rule of law, constituent power, sovereignty, etc.).
- The second part of the course will be devoted to the history of French constitutionalism from 1789 to the Restoration. We will read and analyse the constitutions and the declarations of rights promulgated by the different French regimes in this period of time, by putting them into the broader historical and political context.
- The last three meetings will be dedicated to the students’ presentations. Each session will be devoted to one of the following themes: 1) Historical perspectives on constitutionalism from other countries (e.g. Germany, Italy, but also, in an ‘Atlantic’ perspective, the US); 2) Women’s rights and constitutionalism (historically and theoretically); 3) supranational and international perspectives. Students will be asked to form three groups and to work collectively on a class presentation on the chosen topic (length: ca. 50 min., followed by Q & A). Students are encouraged to use digital tools (PPT presentations, videos, etc.). Students will be helped by the teacher in identifying potential themes to deal with and the related secondary bibliography (further details will be provided during the course).

For attending students:
- Ackroyd, Marcus, “The French Debate: Constitution and Revolution 1795-1800”, Palgrave Macmillan 2022, pp. 11-53 (Ch. 1, ‘‘The Constitution, the Whole Constitution, Nothing But the Constitution’’).
- Baker, Keith, ‘The Idea of a Declaration of Rights’, in G. Kates (ed.), “The French Revolution. Recent Debates and New Controversies”, Routledge 1998, pp. 91-140.
- Crook, Malcom, “How the French Learned to Vote: A History of Electoral Practice in France”, Oxford University Press 2021, pp. 16-41 (Ch. 1, ‘One Man, One Vote: The Long March towards Universal Male Suffrage’).
- Entries ‘Constitutionalism’ (R. Bellamy) and ‘Constitution’ (H. Spiro), in the “Encyclopedia Britannica” [online].
- 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’).
- Israel, Jonathan, “Revolutionary Ideas: An Intellectual History of the French Revolution from The Rights of Man to Robespierre”, Princeton University Press 2015, pp. 345-373 (Ch. 13, ‘The World’s First Democratic Constitution (1793)’).
- Lee, Daniel, “Popular Sovereignty in Early Modern Constitutional Thought”, Oxford University Press 2016, pp. 1-23 (Introduction, ‘Popular Sovereignty, Constitutionalism, and the Civil Law’).
- Prutsch, Markus, ‘Constitutionalism in Post-1814 Europe: Monarchy, Parliament and Sovereignty’, “Giornale di storia costituzionale” 35 (1), 2018, pp. 33-46.
- Rubinelli, Lucia, “Constituent Power: A History”, Cambridge University Press 2020, pp. 33-74 (Ch. 1, ‘Sieyès and the French Revolution’).
- Sreedhar, Susanne, ‘Constitutions and Social Contracts’, in “The Routledge Companion to Eighteenth Century Philosophy”, edited by Aaron Garrett, Routledge, 2014, pp. 618-42.

For students unable to complete their preparation in the classroom:
- Grimm, Dieter, “Constitutionalism: Past, Present, and Future” (OUP, 2016; cap. 1: ‘The Origins and Transformation of the Concept of the Constitution’; cap. 2: ‘Conditions for the Emergence and Effectiveness of Modern Constitutionalism’).
- Rubinelli, Lucia, “Constituent Power: A History”, Cambridge University Press 2020.

The group presentation in class will represent the 30% of the final mark.
For the rest (70%), the mark will be determined through to an individual oral exam. The approximate duration of the oral exam is 15-20 minutes. Each student will be asked to answer two questions, aiming at verifying the achievement of the expected learning outcomes (see above).
For non attending students: oral exam (25-30 min).

oral

1-30 scale. The minimum grade to pass the exam is 18/30.

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

English