Project "Comparative Constitutional Law: Theory and Methodology in the Context of Constitutional Reforms" (2009-2012)

Multi-year cooperative academic project
"Comparative Constitutional Law: Theory and Methodology in the Context of Constitutional Reforms" (2009-2012)

Horizontal separation of powers and constitutional review, as well as the protection of human rights are important issues in transitional countries of post-Soviet region. Our project aims to explore the ongoing constitutional transition process and constitutional reforms from various theoretical and practical perspectives. The multi-year project aims to provide an opportunity for young scholars from the post-Communist region to discuss classic and contemporary problems of constitutional theory and comparative constitutionalism. The organizers together with a group of committed participants aim to explore the genesis and characteristic features of the Russian and post-soviet models of separation of powers from an interdisciplinary perspective. Attention will be focused on questions of comparative constitutional engineering, constitutional review, and constitutional amendments. The project is envisioned to provide possible explanations to these models (and accompanying developments) in the light of arguments emerging in the recent constitutional debates Russia, Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Kazakhstan, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan and the Baltic States.

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. As one of its main aims, the project seeks to orient its participants towards a creative use of new theoretical, methodological and curricular approaches in their own academic work.

The project provides an excellent opportunity to discuss classical questions of constitutional theory and practice, such as comparative constitutional engineering, constitutional review, and constitutional amendments. Via its individual research component, participants are encouraged to explore and explain constitutional changes in the post-Soviet countries, to analyse separation of powers conflicts, to reflect on legal and administrative reforms in their countries and to reflect on new trends and developments.

Through the medium of teaching comparative constitutional law the project will seek to introduce and strengthen familiarity with an interactive teaching methodology that is still largely unfamiliar and under explored in this region. Participants are expected to 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.

Structure of the Project:

• Two-week summer sessions;
• Annual winter 4-5-day workshops;
• Intersession activities.

The working language of the Project is English.

Directorship (in alphabetic order):

Dr. Alexander Blankenagel, Professor, Humboldt University (Berlin) – senior academic advisor

Dr. Andrey Medushevsky, Professor, Higher School of Economics (Moscow) – senior academic advisor

Dr. Renata Uitz, Associate Professor, Central European University (Budapest) – Academic Director

Activities:

The first Summer Session took place in June 29 – July 11, 2009 on the premises of the Institute of Law and Public Policy in Moscow, Russia. Please, see the Information on the results of the Summer School of 2009.

On November 18-21, 2009 the first Winter Session took place in Saint-Petersburg. The Session was organized by the Institute of Law and Public Policy in association with the Law School of Saint-Petersburg State University.

Theoretical studies were devoted to the problems of constitutional review, and the participants discussed such important issues of the topic as:

• The birth of constitutional review in the US. The basic framework and institutional considerations;
• Constitutional review in Germany. The institutional framework and fundamental concepts;
• Theories of constitutional review. US classics and European perspectives.

On November 20 the teachers and participants of the Project visited XII International Forum on Constitutional Justice "Property Rights and Free Enterprise: Constitution in Practice" which took place under the aegis of the Constitutional Court of the Russian Federation.

During this Winter Session the participants introduced results of their work on individual projects according to the topics defined in the course of the previous Summer School. The papers of each participant are becoming solemn researches with the use of comparative constitutional methodology. Further development of the individual projects will be introduced during preparations to the Summer School 2010, and the basic issues for this process were defined at the last discussion on November 21.

In case if you have any questions please contact:

Institute of Law and Public Policy
Tel.: +7 495 608 69-59/66-35
E-mail: summer-school-2010@mail.ru