Comparative Constitutional Law

- Master Course, Law Faculty University of Belgrade, October 31  –  November 17^th, 2011

Program:

1. Lecture:                 Introduction 
2. Lecture:                 Different Systems of Constitution Making
3. Lecture:                 Basic Principles of Rule of Law

Workshop 1: Brewer Scalia Question: Introduction of Art. 39 of the South African Constitution Question would you and why introduce into your constitution such provision with what arguments pro and con?

Documentation:http://www.freerepublic.com/focus/f-news/1352357/posts

4. Lecture:                 Democratic Governance
5. Lecture                  Common Law / Civil Law

Workshop 2: Marbury v. Madison Question: What are the main arguments to establish constitutional review? Could a continental court get to the same conclusions?

Documentation: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=5&invol=137

6. Lecture                  Constitution and Minority rights
7. Lecture                  Constitutional Review

Workshop: 3 Question: In what sense the Treaty of Lisbon improves principles of democratic governance? E.g. Human rights, democracy Look at the question in the light of the arguments of the German Constitutional Court

Documentation: Treaty of Lisbon

Workshops (PW)

8. Lecture                   Evaluation of Governmental Systems
9. Lecture                   Constitutional Challenge of Diversity

Workshop 1:

The Values and Challenges of Comparative Legal Reasoning

Brewer vs. Scalia Debate 0n the Introduction of Art 39 of the South African Constitution: 

Question: Given the provision in Article 142, para 2 of the Constitution of Serbia would you or would you not in addition introduce the solution provided in Article 39 of the SA Constitution? Please give pro and contra arguments.         

Documentation: Debate Scalia v. Breyer here

Workshop 2::

Marbury v. Madison - the First Case of Judicial Constitutional Review  

Question: What are the main arguments for introducing judicial constitutional review? Could a supreme court in a continental/civil law country reach the same conclusions?

Documentation: Marbury v. Madison here

Presentation here

Workshop 3:

The Treaty of Lisbon and Democratic Governance here

Question: In what sense does the Treaty of Lisbon further develop the principles of democratic governance? Please look at the question in the light of the arguments of the German Constitutional Court on Lisbon Treaty.

Documentation: Lisbon Treaty and the Decision of the German Constitutional Court

Presentation Lisbontreaty

Workshop 4:

Evaluation of the Governmental System in the Serbian Constitution of 2006

Question: How do you evaluate the governmental system in Serbia with respect to the discussed criteria for comparing and evaluating different governmental systems? Should the system in Serbia be changed, or should criteria be changed? Please provide the arguments for either position.

Documentation: Constitution of Serbia (English translation) here

The Opinion of the Venice Commission on the 2006 Constitution of Serbia – the Part on Human and Minority Rights

Documentation: Opinion on the Constitution of Serbia: here

For the essay click here