COMPARATIVE CONSTITUTIONALISM: THEORY AND PRACTICE
Andras Bragyova
Term: Fall 1994
DEpartment of Political Science, Budapest
CENTRAL EUROPEAN UNIVERSITY



Course Summary


The aim of the course is to provide an introduction to the basic concepts and fundamental ideas of constitutionalism in conjunction with their implementation in institutions of constitutional law. In addition, the course wishes to familiarize students with the legal concepts connected to the idea of " rule of law:" and its contintental European variqnts in particular Reichtsttaat. In doing so, the course concentrates on the "calssic" topics of constitutionalism seen as a set of political theories and ideas to be realized in the practice of governments.

Each topic includes lectures elaborating the themes and discussions on the basis of the redaing material and the lecture. In the principle one week will be devoted to each topic with minor deviations if necessary.
1. The Concept of the Constitution: formal and substantive
Required Readings:
Th. C. Grey: "Constitutionalism: An Analytic Framework" In J.R. Pennock-J.W. Chapmann (eds.) Constitutionalism, New York, 1979. 189-210 (Nomos XX.)

2. Constitution as a Fundamental Law: the function of the constitution in the legal system
Required Readings:
E. Mc.Whinney: Constitution -making: Principles, Process, Practice 1981, Chapter 1.

3. Constitutionalism and the Rule of Law: their relationship and difference
Required Readings:
A.V. Dicey: An Introduction to Law of the Constitution, Chapter 3-4
E.Mc. Whinney: Constitution-making, Chapter 1.

4. Democracy and Constitutionalism: the Concept of the pouvoir consituant and the constituent power of the people, Limits of the majority rule
Required Readings:
E, C. Mc Whinney: Constitution-making, Chapter 2-3
S. I. Benn-R. S. Peters: Social Foundations of the Democratic State, Chapter 15.

5. Constitution and Political Process: Constitutional politics; forms and limits of Constitutional change, Constitutions and Political Systems
Required Readings:
C. J. Friedrich: Constitutional Government and Democracy, Chapter VII-IX.

6. Separation of powers as the Basis of constitutionalism: Forms of Government
Required Readings:
C.J. Friedrich: Constitutional Government and Democracy Chapter X.
Mc. Whinney: Constitution-making, Chapter V.

7. The Fundamental Rights of citizens as a basis of Constitutional Community, Minority rights as a Constitutional Problem; Citizenship
Required Readings:
Benn. Peters: Social Foundations of the Democratic State, Chapter IV-V.
C.J. Friedrich: Constitutional Government and Democracy, Chapter XIV-XV.

8. The Vertical Structure of the State: Federalism, Local Power, Regionalism
Required Readings:
Mc Whinney: Constitution Making, Chapter VI.
C.J. Friedrich: Constitutional Government and Democracy; Chapter XI.-XII.

9. Representation in a Constitutional State, Elections and Electoral Systems; The Representative Mandate
Required Readings:
C. J. Friedrich: Constitutional Government and Democracy. Chapter XIV-XV.
E. Mc. Whinney: Constitution-making, Chapter IX.

10. Representative Institutions, Parliaments their structure and process
Required Readings:
C.J. Friedrich: Constitutional Government and Democracy, Chapters XVI-XVII.

11. The executive power and its Forms in the Constitutional Government, Functions and the Position of the Head of the State, Responsibility of the Government: Legal and Political; Civil Service and the Position of Armed Forces in a Constitutional State
Required Readings:
C. J Friedrich: Constitutional Government and the Democracy, Chapter XVIII.
E. Mc Whinney: Constitution-making, Chapter V.

12. The Role of Judicial System in the Constitutional State: Judicial Control and Review; Independence and Impartiality of the Judiciary, Constitutional Jurisdiction
Required Readings:
Marbury v. Madison
C.J. Friedrich: Constitutional Government and Democracy, Chapter XII.
E.Mc.Whinney: Constitution-making Chapter XII.

13. Topic. Constitutional Traditions: Constitutional Problems of the Transition from Communism to Constitutional Democracy
Required Readings:
A. Bragyova: Legality and Ex Post Facto Political Justice, 33. Acta Juridica Hungarica (1991)


Digitized version prepared by the Curriculum Resource Center (CRC)
CEU Budapest, Hungary
Revised: April, 1996

Bra_CompCons.F94PS.v5



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