Comparative Constitutional Law

Buratti

WESTERN CONSTITUTIONALISM

First Lecture 03/10/18

ORIGIN, DEVELOPMENT, STRUCTURE OF CONSTITUTIONALISM

It is a doctrine with a focus on a historical period (1689-2018) and geographical area

(Atlantic area).

In Palermo there’s a tree; it developed so much that the branches needed to

sunk more roots in the Earth. did the same exact thing

Constitutionalism

starting in England during the Glorious Revolution.

Constitutionalism later spread to the US thanks to trading, common language, ecc.

but it involved transformation, even though they had common heritage and common

code of ideas. CONDTITUTIONALISM

Constitutionalism has the goal of limiting political power, like absolutism(LEGIBUS

SOLUTUS) where the king doesn’t have to subdue to the law, thanks to this last

legal means:

one. It also involves the use of 3

1. *Separation of Powers*

2. *Written document* (constitution-norms,provisions) [normative boundaries]

3. *Definition of Fundamental Rights of Individuals* (in which the State is not

involved)

WESTERN CONSTITUTIONALISM

Second Lecture 08/10/18

ANTIMONY: whenever the application of a law contrasts the application of

anotherbnorm. There are CRITERIA for the resolution of antimonies:

CHRONOLOGY

• HIERARCHY

• COMPETENCE

• INTERPRETATION

•

This last one is more of a method to avoid an antimony. We have to find the

interpretation that avoids antimonies.

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