Project "Comparative Constitutional Law: Theory and Methodology in the Context of Constitutional Reforms" (2009-2011)

MULTI-YEAR COOPERATIVE ACADEMIC PROJECT (2009 - 2011)

Comparative Constitutional Law:
Theory and Methodology in the Context of Constitutional Reforms Project

Project Activities 2009

Second Year Project Title: "CONSTITUTIONAL RIGHTS IN OLD AND NEW DEMOCRACIES:
SHARED UNDERSTANDINGS AND CHALLENGES"

AIMS AND OBJECTIVES OF THE SECOND PROJECT YEAR:

Through the medium of teaching select topics in comparative constitutional law the project seeks to introduce and strengthen familiarity with an interactive teaching methodology that is still largely unfamiliar and under explored in its target region. The first year of the project, devoted to horizontal separation of powers and the fundamentals of constitutional review in emerging democracies prepared a sound foundation for the second phase of the project to be devoted to contemporary problems in constitutional rights / human rights protection. Thus the second year will pave the way for the third year devoted to constitutional transformation through adjudication and amendment.

Understanding both ensuing problems in the target region and being familiar with the academic interests of the participants, the second year of the project will aim to explore the protection of civil and political rights in a comparative fashion and with interdisciplinary insight. The emphasis will be on the scope and limitations of civil and political rights (freedom of speech, freedom of religion, dignity and equality), the evolution and transformation of mechanisms of rights protection, and the conditions for improving rights-awareness and strengthening meaningful mechanisms of rights protection in emerging and new post- communist democracies. The project will seek to reflect on arguments emerging in the recent constitutional debates in the participants’ home countries in the light of historical developments (predominantly the making of the US and post-Revolutionary French constitutions), events from the recent past (post-Communist transitions in Central and Eastern Europe) and constitutional and human rights jurisprudence, where relevant.

Via exploring and discussing the evolution of constitutional arrangements in these contexts in an interdisciplinary manner the project hopes to contribute to the advancement of undergraduate education in constitutionalism in post-Soviet countries. The second year of the project will continue to encourage and assist participants with rethinking their own courses and teaching methods. It will not only provide demonstrations, and a problem oriented discussion of interactive teaching methods, but will also provide participants with opportunities to apply these methods.

Through its individual research component, participants are encouraged to explore and explain developments in rights protection in their own country in the light of historical and present day examples. Participants will be encouraged to prepare one of the following three tasks: (1) book review on a recent monograph from the participant’s home country, addressed to a foreign audience (10 – 12 pages), (2) critical case note on a recent constitutional court decision from the participant’s home country, addressed to a foreign audience (10 – 12 pages) or (3) comparative individual research paper on a constitutional problem or recent development in the participant’s home country, addressed to a foreign audience (20 – 25 pages). Topics shall be chosen by the participant in consultation with one of the facilitators. Old participants are expected to come to the summer session with a substantive draft of this written work, as individual projects will be integrated in the core curriculum of the summer session.

It is believed that such an approach will enable us to achieve a core project objective, i.e. to make participants draw upon their experiences in rethinking the curricula of core and advanced university courses, and also to benefit from innovative, critical and creative approaches when teaching this complex subject matter.

Junior academics and doctoral students in the upper years of their studies from post-Soviet countries are invited to apply for this endeavour. Applicants must have full-time or significant part-time teaching positions on the undergraduate university level, or among advanced postgraduate students who are engaged in teaching in subjects directly relevant to the project’s theme. (Please see further details on eligibility below)

The project will be implemented by the Institute for Law and Public Policy in partnership with the Law Department of the Central European University.

The working language of the project is English.

CORE STAFF:

Directorship (in alphabetic order):
Olga Sidorovich – Director, Institute for Law and Public Policy (Moscow) – administrative director
Dr. Renata Uitz – Professor of Law, Central European University (Budapest) - academic director

Core faculty (in alphabetic order):
Dr. Alexander Blankenagel – Professor of Law, Humboldt University (Berlin)
Dr. Adam Bodnar, Associate Professor, Warsaw University
Dr. Vasily Lukashevich – Senior Doctoral student, Central European University (Budapest)
Dr. Daniel Smilov – Associate Professor of political science, University of Sofia (Bulgaria)

Teaching assistance:
Svetlana Tyulkina – Senior Doctoral Student, Central European University (Budapest)

STRUCTURE OF THE PROJECT IN ITS SECOND YEAR (2010):

• A two-week summer session from 5th through 17th of July 2010 in Budapest, Central European University
• A four days Winter Session in late autumn 2010 or beginning of 2011
• Intersession activities through project website

Entry requirements:
Applicants must have an academic and teaching background in the field of separation of powers and a sound working knowledge of core texts, theories, trends in research and teaching. Applicants must be familiar with relevant constitutional and legal norms and jurisprudence in their own country and be aware of challenges the country faces.

Applicants must be under 35 years old; have high level of English proficiency (preferably documented with a language proficiency exam), with substantial teaching experience at university level for no less than 2 years in the field of constitutional law, constitutional theory and / or political science.

Preference will be given to individuals who have completed (or are near the completion of) their first doctorate. Project participants will be encouraged to actively pursue the opportunities for professional advancement within their home academic environments.

Applicants are requested to submit the following documents:

• Application form with personal information (please see the Appendix);
• Curriculum Vitae (in English);
• List of publications;
• Statement of purpose / motivation letter (2 pages max., in English);
• Short essay concerning separation of powers debates in the applicant’s home country (3-5 pages, in English – to be used in course materials);
• List of recommended books/articles (10 items max., of which at least 5 should be in English) which the applicant regards relevant to the topic of the project.

Applications must be submitted to the Institute of Law and Public Policy not later than June 1st, 2010 via electronic mail: summer-school-2010@mail.ru .

Note: Participants are responsible to obtain their own visas on the basis of visa support provided by the organizers. In order to allow sufficient time for obtaining visas, early applications are encouraged.

The Institute of Law and Public Policy will cover all related travel costs (economy fare) and will provide full local accommodation.

In case if you have any questions please contact:

Olga Sidorovich
Director
Institute of Law and Public Policy
Tel. +7 495 608 69 59/66-35
Fax: +7 495 608 69 15
e-mail: summer-school-2010@mail.ru