This course encompasses a broad array of subjects, tracing the evolution of constitutionalism from ancient Greece to contemporary times. It delves into various historical epochs, including medieval European political structures, the rise of absolute monarchy, English constitutionalism, contractarianism, American constitutional development, the French Revolution, nineteenth-century liberal constitutionalism, and the emergence of democratic constitutions post-World War II.
Initially, it examines the ancient Greek concept of constitution, drawing from notions like politeia and perspectives offered by figures such as Cicero and Polybius. The medieval period is explored, highlighting fragmented political authority, feudal relationships, and the emergence of jurisdictional monarchies, influenced by concepts like privilege, divine kingship, and the pactum subjectionis.
Transitioning to the early modern era, focus shifts to the rise of absolute monarchy, particularly through the work of Jean Bodin, while still retaining elements of medieval constitutionalism. The course then delves into seventeenth-century English constitutional conflicts, emphasizing documents like the Petition of Right and the Bill of Rights, and the notion of Ancient Constitution which shaped modern constitutional principles through struggles between monarchy and Parliament.
Political theory is scrutinized through the lens of thinkers like Hobbes and Locke, examining concepts such as social contract, natural law, and the role of government in society. The American Revolution and the subsequent establishment of the Constitution and Bill of Rights are explored, emphasizing principles of popular sovereignty, the separation of powers and the emergence of the constitution as a law guaranteeing liberty.
The French Revolution is dissected, with a focus on Rousseau's influence and the concept of general will, shedding light on legislative power and constituent sovereignty. The emergence of French legicentrism and its implications will be outlined. The course further explores the Restoration period in Europe after the Napoleonic era, where efforts to reconcile traditional monarchic authority with emerging liberal ideals led to the establishment of constitutional monarchies. Key points of this period include the rejection of constituent power, tensions between reactionaries and liberals, and the emergence of the liberal legal state, and the downgrading of the normative constitution.
Finally, attention is directed to the transition from traditional liberal constitutionalism to modern democratic constitutionalism post-World War II. Post-war constitutions prioritize the supremacy of the constitution, establish judicial review, and delineate features such as fundamental rights, the balance of powers, and the constitution¿s directive force reflecting the evolving landscape of democratic principles in Europe. Specifically, the course will cover the following topics:
1. The idea of constitutional order in classical thought: politeia and res publica
2. Medieval order and the mixed constitution
3. The doctrines of sovereignty and absolutism. 16th and 17th centuries
4. Tradition and evolution in English constitutionalism
5. Colonial origins of North American constitutionalism
6. Birth and Constitution of the United States
7. Revolution and constitutions in France
8. The liberal state and state constitutions
9. The crisis of the liberal system. The constitutional state in the 20th century
10. Spanish constitutionalism in the 19th century
11. The Constitution of the Second Republic and the Constitution of 1978