2023/2024
Comparative Constitutional Law
Type:
Mago-Lego
Delivered by:
School of Public Law
When:
3 module
Open to:
students of all HSE University campuses
Language:
English
ECTS credits:
3
Contact hours:
24
Course Syllabus
Abstract
The course “Comparative Constitutional Law” aims at presenting nine constitutional systems and compare them with each other. It covers a general presentation of the constitution and the state theory providing the students with the conceptual tools to make comparisons between different systems. As a result, students will get a profound knowledge on methods in comparative constitutional law. The systems that will be studied are the United States, Switzerland, the United Kingdom, Sweden, Japan, Germany, Italy, Spain and France. Each system will be presented to understand how the powers interact, what is their place and role and which are the main features of the system.
Learning Objectives
- The aim of the course is to give an overall comprehension of different constitutional systems. Students will be able to draw links between the systems and compare them, especially during seminars. The theory of the constitution and the state must be learnt. Each system should be known in its main features and be analyzed with the tools of the theory.
- Students will acquire a deep knowledge of the actual constitutions functioning. They will need to understand how the three constitutional powers interact in Republics and monarchies depending on the parliamentary or presidential nature of the system. Also, students will learn to distinguish unitary states from federations and composite states. To this effect, they will need to master the understanding of each power, the hierarchy of norms and the text of different constitutions.
Expected Learning Outcomes
- Knowledge and understanding: - demonstrate general knowledge about the theory of the constitution and the state - demonstrate detailed knowledge about the different systems, their constitutional grounds and their practice.
- Skills and abilities: - demonstrate the ability to understand constitutional material; - demonstrate the ability to write an essay; - demonstrate the ability to participate during seminars with relevant remarks and to answer questions; - demonstrate the ability to comment on the work of other students and ask them questions.
- Students should gain the following competences: Ability to research and make oral presentations about topics on constitutional law; - ability to write a structured essay about comparative constitutional law; - ability to analyze and comment different systems; - ability to work in a team.
Course Contents
- General theory of the State
- United States constitutional system
- Swiss constitutional system
- United Kingdom constitutional system
- New challenges for the UK legal system in the context of Brexit and domestic political turbulence.
- Illegal migration law: domestic UK and international context.
- About the approaches of the British authorities to countering protest activity.
- Swedish constitutional system
- Japanese constitutional system
- German constitutional system
- Italian constitutional system
- Spanish constitutional system
- French constitutional system
Assessment Elements
- ActivityKnowledge control during seminar classes is carried out in the form of presentation and student activity during the seminar class.
- Written examЭкзамен проводится с использованием SmartLMS
Bibliography
Recommended Core Bibliography
- A history of the European restorations. Vol. 1: Governments, states and monarchy, , 2020
- French law : a comparative approach, Steiner, E., 2012
- Governance, politics and the state, Pierre, J., 2020
Recommended Additional Bibliography
- Wang, Z. V. (DE-588)1141917238, (DE-627)1000915344, (DE-576)494562633, aut. (2021). From globalization to regionalization the United States, China, and the post-Covid-19 world economic order Zhaohui Wang & Zhiqiang Sun.
- Медушевский А. Н. (2015). Сравнительное конституционное право и политические институты : курс лекций. [N.p.]: Директ-Медиа. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1467116