ADRO 16A00 - Law and political institutions

COURSE DESCRIPTION:

By examining how contemporary political power is organized—particularly through constitutions—this course aims, first, to present a range of past and present, legal and political, French and foreign, national and international facts. Second, it seeks to provide a diverse set of tools so that students can independently navigate facts, information, and documentary sources to gain an understanding of the world in which we live. The goal is therefore not only to provide students with a certain amount of information but also to introduce them to intellectual and practical skills designed to foster critical thinking, rational argumentation, and intellectual creativity.

The topics selected from this perspective for the entire semester aim to:

• First, clarify a number of fundamental concepts in the analysis of constitutional law and political institutions,
• Second, examine several examples of foreign political institutions,
• Third, fully understand the history, current status, and characteristics of today’s French institutions.
• Finally, explore the innovations and limitations of constitutional law in Latin America

Through case studies and practical examples, each session provides an opportunity to enrich students’ methodological toolkit. By rejecting any notion of orthodoxy in the analysis of political and constitutional institutions, students must gradually develop their own ability to pragmatically select intellectual tools based on their argumentative objectives and to develop imaginative analyses

COURSE Organization (only applicable for the lectures): The course is divided in 18 lessons. Each lesson lasts 2 hours and includes time for discussion. Please note: these sessions are purely indicative. They do not prejudge any adjustments that may be needed between now and the start of the school year.

INTRODUCTION TO THE ANALYSIS OF CONSTITUTIONAL LAW AND POLITICAL INSTITUTIONS

• Lesson 1: Democracy: Definitions and Current Issues
• Lesson 2: Foundations: Separation of Powers and Fundamental Rights
• Lesson 3: The Structure of Political Units

DIVERSITY OF CONSTITUTIONAL AND POLITICAL SYSTEMS

• Lesson 4: The Presidential System: The United States and Brazil
• Lesson 5: The Prime Ministerial System: the United Kingdom and India
• Lesson 6: Guided Parliamentary Democracy: Germany and Spain
• Lesson 7: Consociational Democracies: Switzerland and Israel

FRANCE IN EUROPE

• Lesson 8: Constitutional History: The Development of Democracy and the Formation of a Constitutional Culture
• Lesson 9: The Fifth Republic, a System Breaking with French Constitutional Tradition (I): Democratic Presidentialism
• Lesson 10: The Fifth Republic, a System Breaking with French Constitutional Tradition (II): Rationalized Parliamentarism
• Lesson 11: The Fifth Republic, a System Breaking with French Constitutional Tradition (III): The Emergence of Judicial Power
• Lesson 12: The European Union: A Unique Institutional System Reflecting the Emergence of Global Constitutionalism

LATIN AMERICAN CONSTITUTIONALISM

• Lesson 13: The different Waves of Constitutionalism in Latin America
• Lesson 14: The “Engine Room” of Latin American Constitutions
• Lesson 15: Latin American Presidentialism a different kind of presidentialism?
• Lesson 16: New Fundamental Rights
• Lesson 17: New Methods of Interpretation
• Lesson 18: New Constitutional Subjects

English

PEDAGOGICAL FORMAT: Face-to-face lectures based on a powerpoint (which will be made available after each session). Each lesson lasts around 2 hours, including time for discussion and debate.

Regular assessment: 1/2 of final grade

Lecturers are free to develop the teaching methods they deem most beneficial to students, to ensure that they acquire the necessary methodological and substantive skills. The continuous assessment mark obtained at the « conférence de méthode » accounts for 1/2 of the final mark. Through the qualitative and quantitative variety of exercises on which it is based, this mark is intended to measure students' aptitudes and progress. The grade will also include the grade from the practice exam, which is a midterm exam modeled after the final exam.

Final exam: 1/2 of final grade

Final oral exam: At the end of the semester, there will be a 3-hour exam. For this exam, students may choose between writing an essay or analyzing a text. The review material for this exam covers all lectures and methodological sessions.

Active listening during lectures (note-taking and participation), further reading.