OVERVIEW

The lectures aim to stress the main problems linked to the transposition of liberal-democratic institutions, especially in developing countries and in general in countries without Western cultural traditions. The lectures aim to identify the problems relating to the attempts of implementing liberal-democratic institutions in such countries, as well as the adaptation solutions possibly able to get democracy working.  

AIMS AND CONTENT

LEARNING OUTCOMES

Although democratic institutions spread in many countries after the end of the “cold war”, the differences in the economic, social and cultural background between developed and developing countries brought about important changes in both significance and working of such institutions. The lectures will examine: the main liberal-democratic juridical principles and institutions (for instance, separation of powers, rule of law, independence of the judges, electoral principles and systems, review of the constitution, and so on), the difficulties they run into and the changes they were forced to in their implantation in developing countries; as well as some forms of adaptation of traditional institutions in the light of the process of democratisation. The lectures will pay a particular attention to the following areas: Arab countries, Sub-Saharan Africa, Latin America, but some interesting experiences will be considered also from Southern and South-Eastern Asia and Oceania.

AIMS AND LEARNING OUTCOMES

AIMS

The lectures aim to:

Deepen the knowledge of both juridical principles and fundamental institutions of liberal-democratic systems;

Understand socio-political and cultural reasons making complex their implementation in countries without European cultural traditions;

Approach to the knowledge of both the institutions in developing countries and the political and cultural framework conditioning them;

Understand the transposition processes of democratic institutions, the related difficulties and the reasons of both failures and successes;

Develop skills of complementing each other the juridical, politicological, sociological, historical and anthropological approach in the study of the items in question, in order to develop a good ability of critical and multidimensional analysis. 

LEARNING OUTCOMES (in more detail):

After the lectures, the student should be able to:

Know and use accurately English legal and constitutional language;

Complement each other the juridical, politicological, sociological, historical and anthropological approach in the study of the subjects debated by the lectures, in order to develop a good ability of critical and multidimensional analysis;

Understand and retrace socio-political and cultural reasons that made complex the implementation of liberal-democratic values and institutions in States without European cultural traditions;

Discern the different political regimes and systems of government existing in developing countries and describe their working, also employing the needed extra-juridical scientific concepts (politicological, philosophical, religious, etc.);

Apply accurately comparative methodology in both the analysis and the critical evaluation of juridical institutions and political structures in the countries that are subject of the lectures;

Retrace, explain and evaluate critically the real working of a constitutional system, through critical analysis of constitutional (or constitutionally relevant) texts, documents and customs, as well as of every other historical and factual significant element (political and party systems, political and religious culture, etc.); 

Express thoroughly knowledge, opinions, problems and proposals, related to the discipline, to both expert speakers and not.  

PREREQUISITES

To deal effectively with the contents of the discipline, it's necessary to know the basic foundations of constitutional and public law, political thought, contemporary political and institutional history, political and economical geography (especially of extra-European countries), political science and relations between politics and religions.

It could so be useful to have already passed or to study simultaneously for exams concerning the above-mentioned items.

Lastly, an adequate knowledge of English language is needed, for the lectures are going to be given in English. 

TEACHING METHODS

The course is 36 hours long and gives 6 CFU. Teaching will be based mainly on lectures, possibly complemented by slides and/or other teaching media, but it can also involve seminars and students' guided research activities, with public exposition of the outcomes.

Teaching activities will be given in English.

Without prejudice to the importance of the readings suggested below (at the item Recommended Reading/Bibliography), the professor will in advance look after providing or recommending (either during the lectures or through Aulaweb) further readings and studies, useful to the preparation of the following lectures.

External lectures, speeches and congresses related to the discipline could be considered as part of the course. In this case, the professor will inform the students about them, during the lectures and through AulaWeb.

The attendance of the teaching activities isn't compulsory, but students not attending at least 70% of the activities shall complete their knowledge through additional readings and texts.

SYLLABUS/CONTENT

Main items to deal with:

1 Historical introduction: institutions of the colonial system; impact of constitutional models of the colonial powers on decolonisation process; ethnical problems, economic and institutional underdevelopment and Cold War in the authoritarian regress since the Sixties of the last century

Thematic topics:

1 Democratic transitions after the Cold War, paying particular attention to Latin America and Sub-Saharan Africa; in this last case, focus on the dual effect of French Fifth Republic model in French-speaking Africa

2 Transformations of parliamentary representation and problems linked to electoral process, party system and cultural background of the electoral body

3 The “Arab spring”, its institutional consequences and the persistent multiplicity of political regimes in the Arab world

4 State institutions, religion and the difficult acculturation of the principle of secularism. Speaking of which, particular attention will be paid to the Islamic world, trying to let know the different developments of a theocratic paradigm which is anything but univocal

5 State structure and “other” (tribal, ethnical, etc.) belongings: essays of institutional hybridization in some countries of Africa and Oceania

6 The importation of constitutional review models and the problem of their manipulation and/or the existence of meta-constitutional values considered higher than the same Constitution

7 Gender problems, rules about women in politics and features of the political representation: women’s role in the institutions

RECOMMENDED READING/BIBLIOGRAPHY

A syllabus about the items to deal with in the course doesn’t exist. For such a reason, it's highly suggested to attend the teaching activities, in order to take notes and to get the additional readings the professor will suggest from time to time.

With respect to Northern African world, the following volume is recommended:

FROSINI J.O.-BIAGI F. (eds.), Political and Constitutional Transitions in North Africa. Actors and Factors, Routledge, London-New York, 2015 [also available in digital format; in case of paper book, it's highly recommended to buy the paperback format, because Anglo-Saxon publishers generally impose very high prices for the hardback format (in this case the price is triple)]

With respect to other items, the professor will provide from time to time the needed bibliographical references and papers during the lectures and through Aulaweb. 

TEACHERS AND EXAM BOARD

Exam Board

ARISTIDE CANEPA (President)

MARIA ANGELA ORLANDI

MASSIMO RUARO

LESSONS

LESSONS START

Teaching activities will occur during the first term, starting on Tuesday, September 17th, 2019.

Lectures are scheduled:

on Tuesday, hh. 8-10 am (classroom 14, Albergo dei Poveri);

on Friday, hh. 2-4 pm (classroom 19, Albergo dei Poveri).

Class schedule

DEVELOPING COUNTRIES AND CONSTITUTIONAL LAW

EXAMS

EXAM DESCRIPTION

The exam will be oral and in English but, upon justified request, it could be written and/or in other languages (Italian, French, Spanish and Portuguese are available).

During the exam, at least three items related to the discipline will be debated, starting from more general concepts to reach then an higher degree of detail. In case of written exam, it will consist in three open questions at different degrees of detail. 

The examination board is appointed by the Department Council and, except in the case of hindrance, chaired by the professor in charge of the course.

CORONAVIRUS EMERGENCY - SUMMER and SEPTEMBER 2020 EXAM SESSIONS

As you certainly know, Summer and September exam sessions are going to be on-line.

I confirm the scheduled dates you already saw on the University website (June 9th, June 30th, July 21st and September 9th, all at 10:00 a.m.). Please note that I added a fourth round for the Summer session, on July 31st, 2020, at 10:00 a.m.

At the round you’re going to take part, you’re first of all expected to register yourself to the exam through on-line services of the University of Genoa, as usual: please do it well in advance, in order to make us easier the compliance with the following obligations.

One or two days before the exam, I’m going to send to you a scheduled time for your connection. In every case, I’m going to call you in little groups: as a matter of fact, being the exam a public procedure, every exam has to be witnessed by a neutral observer, so you’ll be asked for witnessing each the exam of the others.

The examination board is going to be composed by prof. Maria Angela Orlandi (or some other colleague) and me, jointly connected through the net. The exam will be oral.

The exam is going to be hosted by the platform TEAMS, in the group “Esami Dispo a.a. 2019/20”, whose password is hxif4cu 

Hadn’t any of you ever had access to TEAMS, he/she can find on Aulaweb the user’s guide to connect. Please note that, through the account Office 365-UNIGE, Microsoft Office 365 packet is free for University of Genoa staff and students.

Once entered in the group “Esami Dispo a.a. 2019/20”, you’re going to find links to several “virtual rooms”. Please open 57053 - DIRITTO PUBBLICO COMPARATO, and you’ll find there the examination board. We’re going to examine you one at a time, but other students (at least one) are kindly requested to keep connected and witness the exam.

The candidate shall show identification through either university badge (preferred) or other ID document with photo. He/she shall switch both camera and microphone on, whereas other connected students are kindly expected to switch them off, in order to avoid disturbing noises, even though they keep connected to witness the exam. Could they be interested in intervening, they’ll be able either to switch microphone on between two exams, or to chat on the group.

During the exam, aids of every kind (books, mobile phones, pcs, tablets, assistance from third parties) are strictly forbidden. Since next June 1st, registering procedures are going to ask you for signing an official engagement not to use any form of assistance during the exam. For such a reason, please register to the exam from June 1st on.

Should any of you be caught in the act of receiving any form of assistance during the exam, I remind you that he/she would be accountable not only for disciplinary action, but also (having signed false statements) for criminal offence.

Both handicapped students and students with certified learning disabilities, being entitled to use some forms of assistance, are kindly asked to contact me before the exam. Especially students entitled to use concept maps are kindly requested to send me them at least ten days before the exam, for my check.

Students having insuperable problems about internet connection are also kindly asked to contact me in order to arrange another date for the exam. 

Last but not least, I remind you that it’s forbidden to record the exam.

I’m available for further explanations and I remain yours sincerely  

prof. Aristide Canepa

ASSESSMENT METHODS

First of all, the student should demonstrate: the knowledge of the course topics, an accurate use of the language, a suitable order in the presentation of the subjects, competence in the technical language, juridical, politicological and historical.

A preferential evaluation will be conferred to the following skills: the ability to re-elaborate in a critical way the acquired information and the concerned topics; the accurate implementation of the comparative methodology; the ability to analyse critically constitutional (or constitutionally relevant) texts, documents and customs, as well as every other historical, anthropological and factual element (political and party systems, political and religious culture, etc.) significant in the real working of the constitutional systems in question; the possible expression of personal considerations, duly reasoned and justified, according to the acquired data and comparative methodology.

Exam schedule

FURTHER INFORMATION

Teaching methods, especially about the possibility the professor gives in advance readings and documents to better introduce the students to following lectures, have been revised according to the suggestions proposed by last year students in their evaluation forms.