Course Contents

Introduction: Conceptual Framework

• Constitution and constitutionalism
• Legal traditions and legal families
• Forms of State and Systems of government
• Constituent power
• Circulation of models for comparative analysis

MODULE 1. Constitution and Constitutionalism

• Historical origins and theories of the Constitution
• Liberal constitutionalism: American and European models
• Types and structure of constitutions
• Stages of constitutionalism
• Post-World War II constitutionalism and the constitutional state based on fundamental rights

Selective review of Constitutional texts:

-Constitution of the United States 1787, French Constitution 179, Weimar Constitution 1919, Mexican Constitution 1917, Basic Law for the Federal Republic of Germany 1949, Italian Constitution 1948.

MODULE 2. Comparative Constitutionalism in Global Perspective

• Expansion of democratic constitutionalism after the Cold War
• Constitutionalism in Latin America, Africa, and Asia
• Constitutional transitions, democratization, and constitutional reform
• Comparative constitutional methodology and constitutional circulation

Selective review of Constitutional texts:

-Constitution of Brazil, Constitution of Colombia, Constitution of South Africa, Constitution of India, Constitution of Ecuador and Bolivia, Constitutional Laws of Israel, Constitutions of People´s Republic of China, Constitution of Russian Federation, Constitution of the Islamic Republic of Iran

MODULE 3. Constitutional Justice in Comparative Perspective

• Historical development of constitutional courts
• Models of judicial review
• Fundamental rights and constitutional guarantees
• Constitutional protection mechanisms-
• International judicial dialogue and transnational constitutionalism

Relevant Constitutional courts:

-Supreme Court of the United States, Bundesverfassungsgericht, European Court of Human Rights, Inter-American Court of Human Rights, Tribunal Constitucional de España, Corte Constitucional de Colombia, South Africa Constitutional Court.

MODULE 4. Constitutionalism, International Organizations and Global Governance

• Constitutionalism and national sovereignty
• International organizations and constitutional standards
• Global constitutional governance and democratic backsliding
• Crisis of international organizations and the renationalization of constitutional relations
• Future challenges of constitutionalism in a global context

Organizations with constitutional relevance review:

-European Commission for Democracy through Law, Council of Europe, United Nations, Organization for Security and Co-operation in Europe.

Basic and General Competences

• CB1. Students should demonstrate knowledge and understanding of the main concepts, institutions, and theories related to comparative constitutionalism and global constitutional governance.
• CB2. Students should be able to apply theoretical and comparative knowledge to the analysis of constitutional systems, institutions, and contemporary global challenges.
• CB3. Students should be able to gather, interpret, and critically assess legal and political information in order to formulate reasoned judgments on constitutional and democratic issues.
• CB4. Students should be able to communicate information, arguments, and analytical conclusions effectively in academic English.
• CB5. Students should develop autonomous learning skills necessary for further specialized studies in the fields of constitutional law, global governance, and international studies.
• CG1. Ability to analyze global political and legal phenomena from an interdisciplinary perspective.
• CG2. Ability to understand the interaction between national, international, and transnational institutions in contemporary governance.

CG3. Ability to identify and critically assess institutional responses to global democratic and constitutional challenges

Specific Competences

• CE1. Knowledge of the main constitutional models, legal traditions, and systems of government in comparative perspective.
• CE2. Ability to compare constitutional systems and constitutional texts from different regions and legal cultures.
• CE3. Understanding of the historical evolution of constitutionalism and democratic constitutional governance.
• CE4. Knowledge of constitutional justice systems, judicial review, and mechanisms for the protection of fundamental rights.
• CE5. Ability to analyze the role of international organizations and supranational institutions in promoting constitutional standards, democracy, and the rule of law.
• CE6. Understanding of the relationship between constitutionalism, globalization, sovereignty, and global governance.

CE7. Ability to interpret constitutional developments and democratic transformations in Europe, Latin America, Africa, and Asia

Transversal Competences

• CT1. Critical thinking and analytical reasoning.
• CT2. Capacity for comparative and interdisciplinary analysis.
• CT3. Oral and written communication skills in English.
• CT4. Information management and academic research skills.
• CT5. Ability to participate in informed debate and collaborative academic work.
• CT6. Sensitivity towards democratic values, human rights, equality, and cultural diversity.

CT7. Capacity for autonomous learning and intellectual adaptability in multicultural and international

Essential References:

-Ginsburg, Tom & Dixon, Rosalind (eds.), Comparative Constitutional Law, Cheltenham: Edward Elgar Publishing, 2011.

-Rosenfeld, Michel & Sajó, András (eds.), The Oxford Handbook of Comparative Constitutional Law, Oxford: Oxford University Press, 2012.

-Dorsen, Norman; Rosenfeld, Michel; Sajó, András; Baer, Susanne; Mancini, Susanna, Comparative Constitutionalism: Cases and Materials (3rd ed.), St. Paul, MN: West Academic Publishing, 2016.

-Elkins, Zachary; Ginsburg, Tom; Melton, James, The Endurance of National Constitutions, Cambridge: Cambridge University Press, 2009.

-Tushnet, Mark, Advanced Introduction to Comparative Constitutional Law (2nd ed.), Cheltenham: Edward Elgar Publishing, 2018.

-Hirschl, Ran, Comparative Matters: The Renaissance of Comparative Constitutional Law, Oxford: Oxford University Press, 2014.

Global Constitutionalism references:

-Bellamy, Richard, Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy.
Cambridge: Cambridge University Press, 2007.

-Kumm, Mattias; Maduro, Miguel Poiares (eds.), The Cosmopolitan Constitution, Oxford: Oxford University Press, 2023.

-Stone Sweet, Alec, Governing with Judges: Constitutional Politics in Europe, Oxford: Oxford University Press, 2000.

-von Bogdandy, Armin; Ferrer Mac-Gregor, Eduardo; Morales Antoniazzi, Mariela; Piovesan, Flávia (eds.), Transformative Constitutionalism in Latin America: The Emergence of a New Ius Constitutionale Commune, Oxford: Oxford University Press, 2017.

-Fombad, Charles M. (ed.), The Oxford Handbook of African Constitutional Law, Oxford: Oxford University Press, 2020.

-Choudhry, Sujit; Khosla, Madhav; Mehta, Pratap Bhanu (eds.), The Oxford Handbook of the Indian Constitution, Oxford: Oxford University Press, 2016.

-Jackson, Vicki C, “Comparative Constitutional Law: Methodologies.”, In Rosenfeld & Sajó (eds.), The Oxford Handbook of Comparative Constitutional Law, Oxford University Press, 2012

Institutional and Online Authoritative Resources

• Venice Commission (Council of Europe)   https://www.coe.int/en/web/venice-commission
• European Court of Human Rights   https://www.echr.coe.int/
• Constitute Project https://www.constituteproject.org/
• World Justice Project   https://worldjusticeproject.org/

International IDEA  https://www.idea.int/

Assessment Instruments

• Participation in class discussions (40%): Continuous observation of student engagement, preparation, and contribution to debates.
• Seminars and case analysis (20%): Written and/or oral analytical exercises based on constitutional texts, judicial decisions, and comparative case studies.

Final oral presentation in groups (40%): Structured academic presentation followed by discussion and questions, assessing research, comparative analysis, and communication skills.

Assessment Recommendations

• Regular attendance and active participation are essential for continuous learning and successful performance.
• Students are expected to prepare readings in advance and engage critically with seminar materials.
• Clear, structured, and well-supported arguments are expected in both written and oral contributions.
• Group coordination and balanced participation are essential for the final presentation.

Academic sources and comparative reasoning should be systematically used in all assessed activities

Recovery / Resit Recommendations (Second Call)

• By its very nature, continuous assessment based on individual participation in classes cannot be recovered.
• Students who do not pass the course will be offered a resit opportunity focused on the core learning outcomes of the subject.
• The resit consist in an oral exam or an individual oral defense, replacing the recoverable failed components.
• In the case of the group presentation, an individual alternative assessment may be required to ensure fair evaluation of learning outcomes.
• Students are strongly advised to review lecture materials, seminar feedback, and recommended readings before attempting the resit.

Continuous engagement throughout the semester is considered essential for successful recovery