POLS461 Constitutional Conflicts, Crises and the Path to Civil Wars
Annotation:
The course focuses on the crisis of the modern nation state and, more specifically, the constitutional state. We will examine both conceptual-theoretical and empirical aspects of constitutional crises. Numerous examples will be given and some of the more dramatic cases of collapse of the constitutional state will be studied: the collapse of Yugoslavia, the risk of disintegration of Ukraine, Macedonia, the European Union. Cases of secession will also be examined such as Catalonia, Crimea, Scotland and Belgium, etc. Special attention will be paid to modern civil wars.
We will develop an interpretation of the modern constitution as intrinsically political and will attempt to see it as a political form. On this view the constitution is a field of political struggles in an essential way, that is in a way that can never end. The course aims to disclose some hidden conflictual dimensions of the constitutions in the two most important dimensions of constitutions as are the division of powers and realm of human rights. The constitutions in all their varieties, be they written or not, will be presented as a form of the political file of a community. Hence, the road to conflicts, crises, and civil wars will be open up.
The introductory lectures will define and clarify the phenomenon of the constitution. They will place special emphasis on the internal conflictual dimensions of the constitution. Some tense political debates relevant to the liberal-democratic idea will also be presented: death penalty, abortion, soft drugs, euthanasia, LGBT issues, etc.
The structure of all lectures and discussions will include some theoretical, although fairly simple parts, and many examples of present cases, events, conflicts, war situations, etc. The last several lectures and discussions will entirely concentrate on recent cases, such as the EU’s constitutional project, the Yugoslav civil wars in the 1990s, various secession attempts, etc.
Although this is not a requirement, students will be kindly invited to give short presentations on major constitutional arguments, conflicts and other issues from the political contexts of their own countries.
Lecturers:
Prof. Stefan Popov, DSc
Course Description:
Competencies:
No other prerequisites except general courses in political science.
Prerequisites:
No other prerequisites except general courses in political science.
Types:
Full-time Programmes
Types of Courses:
Lecture
Language of teaching:
English
Topics:
- The Political Nature of the Constitution.
- Constitutional Crisis.
- Types of Constitutional Failures and Crises.
- The Constitutional State as a Liberal-Democratic Political Order.
- Why Modern States Collapse. Cases from the Recent Past.
- The Bill of Rights: Origin and Role as a Constitutional Precondition.
- The Division of Powers: Origin and Role as a Constitutional Precondition.
- The Nature of Populism and its Challenge to the Liberal Democratic Societies.
- Dictatorship. Tyrannical and Oligarchic Government.
- Emergence and Role of the Constitutional Courts.
- Case Study: Secession. (Catalonia, Ukraine, Constitutional Referendums.)
- Case Study: Civil Wars.
- Case Study: The Yugoslav Civil Wars.
- Case Study: The Bulgarian Constitutions.
- Case Study: The Idea of a European Constitution.
Bibliography:
The list that follows is only descriptive and indicative. It does not present literature that will be required for the course:
1. Plato, The Republic. (many editions, available in different formats in the internet.)
2. Aristotle. The Athenian Politics. (many editions, available in different formats in the internet.)
3. Hobbes, Thomas. Leviathan. Part Two: Of the Commonwealth, Chapter 27. (many editions, available in different formats in the internet.) Chapter 27.
4. Kant, Immanuel. The Philosophy of Law.
5. Bodenhamer, David. The U.S. Constitution: A Very Short Introduction (Very Short Introductions). Oxford University Press (April 18, 2018)
6. The Constitution of the United States.
7. Schmitt, Carl. Constitutional Theory. Seitzer, Jeffrey, trans. Duke University Press Books, 2008.
8. The Constitution of the Republic of Bulgaria. ((Available in English in the internet.)
9. Blankart, B. “The European Union: confederation, federation or association of compound states?”, in Constitutional Political Economy. June 2007.
10. Borchardt, K.-D. European Unification: The Origins and Growth of the European Community. February 1987, at https://www.researchgate.net/publication/29994581.
12. Cooper, R. The Post-Modern State and the World Order. Demos, 2000.
13. Cooper, R. “The Post-Modern State”, in Reordering the World: The Long-Term Implications of September 11. The Foreign Policy Center, 2002.
14. ICG. Macedonia’s Name: Why the Dispute Matter and How to Resolve It. December 10, 2001.
15. ICG. Macedonia: Wobbling Toward Europe. Europe Briefing 41. January 12, 2006.
16. ICG. Macedonia’s Name: Breaking the Deadlock. Europe Briefing 52. January 12, 2009.
17. ICG, Macedonia: Ten Years After the Conflict. Europe Report 212. August 11, 2011.
18. Morgenthau, H. Politics Among Nations: The Struggle for Power and Peace. Alfred A. Knopf, 1978.
19. Schmitt, C. Die Diktatur. Duncker & Humblot, 1994.
20. Schumpeter, Joseph A. The Sociology of Imperialisms. Germany: Archiv für Sozialwissenschaft und Sozialpolitik, 1919.
Assessment:
Main criteria are as follows:
1. Participation in seminar discussions.
2. Mid-term presentation.
3/ Final term paper (could be on the basis of the presentation)