Project "Comparative Constitutional Law: Theory and Methodology in the Context of Constitutional Reforms" (2009-2012)
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 (2010/2011):
- A two-week summer session from 5th through 17th of July 2010 in Budapest, Central European University
- A four days First Winter Session from 17th through 20th of November 2010 in St.Petersburg and Second Winter Session from 17th through 19th of February 2011 in Moscow
- Intersession activities through project website