HUK381

School of Law \ Law

3

6

Elective

English

-

Law

This course provides a comparative introduction to constitutional law topics. Students will learn basic concepts such as constitutional principles, constitution-making and amendments, separation of powers, comparative government systems, and state systems in a comparative manner.

Mark Tushnet, Advanced Introduction to Comparative Constitutional Law, 2nd. Ed., Edward Elgar, 2018.
Tom Ginsburg – Rosalind Dixon (ed.), Comparative Constitutional Law, Edward Elgar, 2011.
Michel Rosenfeld – Andras Sajo, The Oxford Handbook of Comparative Constitutional Law, Oxford, 2011.
Roger Masterman – Robert Schütze, The Cambridge Companion to Comparative Constitutional Law, Cambridge, 2019.

This course aims to present constitutional systems from a different perspective by comparing them. Students will explore the theories, concepts, and institutions learned in Constitutional Law through a comparative lens, examining various constitutional systems worldwide. This approach will enhance their understanding of these concepts and contribute to their intellectual development.

1. Compares the basic concepts and principles of constitutional law.
2. Compares different models and systems in the making and amendment of constitutions.
3. Compares different government systems (parliamentary, presidential, mixed typologies).
4. Compares the differences in state structures (unitary, federal, autonomous regions within unitary states).
5. Is proficient in the theoretical and practical aspects of the separation of powers principle.
6. Compares systems for the protection of fundamental rights and freedoms.
7. Uses knowledge of comparative constitutional justice systems to analyze the functioning of constitutional courts in different countries.

Week 1: Introduction, presentation of the topic, and methodology
Week 2: Constitutional principles
Week 3: Constitution making and amendment processes
Week 4: Theoretical dimension of the separation of powers
Week 5: Comparative government systems – Parliamentary systems
Week 6: Comparative government systems – Presidential systems
Week 7: Comparative government systems – Mixed typologies
Week 8: Comparative state systems – Unitary states
Week 9: Comparative state systems – Federal states
Week 10: Comparative state systems – Unitary states with autonomous regions
Week 11: Protection of fundamental rights and freedoms
Week 12: Comparative constitutional justice systems

• Midterm 40 %
• Final 60 %