Comparative Constitutional Law

Burattiwestern 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 a 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. Constitutionalism did the same exact thing starting in England during the Glorious Revolution. Constitutionalism later spread to the US thanks to trading, common language, etc., but it involved transformation, even though they had common heritage and common code of ideas.

Constitutionalism

Constitutionalism has the goal of limiting political power, unlike absolutism (LEGIBUS SOLUTUS) where the king doesn’t have to subdue to the law, thanks to this last legal means:

• Separation of Powers
• Written document (constitution-norms, provisions) [normative boundaries]
• 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 another norm. 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.