Political systems in comparative perspective

POLITICAL SYSTEMS IN COMPARATIVE PERSPECTIVE

About the Course

• Introduction to the study of political systems.
• Theory:
  • Constitutions, division of powers.
  • Democratic regime types.
  • Constitutional conventions.
• Political systems of model countries:
  • USA
  • UK
  • France
  • Germany

Course Requirements

1. Online quizzes
   • 30% of the total grade
   • moodle.cuni.cz
   • Readings based.
2. Seminar group (max. 3 students) presentation
   • 20% of the total grade.
3. Peer-review of presentation
   • 10% of the final grade.
4. Final test
   • 40% of the total grade
   • moodle.cuni.cz
   • Readings/lectures/presentations based.

Course Organisation

• Lectures
  • PowerPoint presentation
  • Available on Moodle
• Seminars
  • 4 seminar groups (A, B, C, and D)
  • Groups A and B are overcrowded!
  • Each seminar group meets once in 2 weeks
  • Topics on Google Drive
  • Group presentation (max. 3 students)
  • Approx. 2 presentations each seminar
  • Seminar presentation: max. 15 minutes !!!
  • Peer-review: 5 minutes (review sheet)

Group Presentation

• Max. 3 students.
• No free riders!
• Coherent presentation, no repetitions.
• List of resources.
• 15 minutes.
• Straight to the point.
• Clear and helpful for other students to learn about a topic.
• UPLOAD YOUR PRESENTATION TO MOODLE ONE DAY BEFORE THE PRESENTATION DAY!

Peer Review

• Students reviewers must study the topic before the presentation.
• Only formal/superficial review = 0 pts
• Review sheet can be helpful
  1. Overall evaluation of the presentation
  2. Clarity of argumentation
  3. Structure of the presentation
  4. Easy to follow and understand
  5. Clear conclusions
  6. Lessons to be learned from the presentation
  7. A couple of questions

Review Sheet

• Quality of the argument
  • Does the group use correct terms/concepts and theories?
  • Does the group address all central (relevant) issues?
  • Does the group demonstrate a deep understanding and analysis of the topic?
  • Does the group provide sufficient evidence to support their arguments?
  • Does the group demonstrate critical thinking skills in evaluating different perspectives or arguments related to the topic?
• Engagement with the audience:
  • Did the group engage the audience effectively throughout the presentation?
  • Did the group answer your and the teacher's questions satisfactorily?
• Formal aspects
  • Was the topic presented within 15 minutes?
  • Does the group refer to academic resources and primary sources (e.g., Constitutions)?
  • Was the presentation well-structured, well-presented, and easy to follow?
  • Did all group members participate equally?
  • Consider also graphics and formatting of the presentation.

Extras

1. Seminar group B: with Michael Drašar
2. Lecture on 5th March: prof. Thomas Sedelius
3. Special lecture on Thursday 6th March at 11:00, room C117 by prof. Sedelius:
   • Semi-presidential Shifts in Eastern Europe: Presidential Power in Armenia, Georgia, Moldova, and Ukraine

CONSTITUTIONS AND CONSTITUTIONALISM

What is a Constitution?

• Major state's law with supreme legal authority.
• Major principles (separation of powers, checks, and balances) and their settings.
• Ancient Greece
• Modern constitutions
  • Late 1700s
  • First constitutions of Virginia, Maryland, or Pennsylvania (1776)
  • USA (1787)

Classic Understanding of a Constitution

• Tool to limit power.
• Framework of power.
• Rules of the game.

Types of Constitution:

1. Traditional
2. Modern

Traditional Constitution: G.W.F. Hegel (1830)

• Not only formal, legal rules, but a cultural artifact that evolves from the spirit of the nations.
• Reflects history, habits, values.
• Creates political system.
• Evolves from history.
• Skeptical about designing constitutions.

Edmund Burke (1790) - Reflections on the Revolution in France

• Criticism of rationalism and enlightenment.
• Constitution can hardly result from a rational thought and engineering.
• Constitution = political heritage of our predecessors.
• Constitution can never be destroyed, but incrementally amended.
• Constitution includes:
  • Traditions, conventions, mystery, history, and national myth.
  • The fewer written rules, the better constitution.
  • Partnership between those who are dead and those who are to be born.

Modern Constitution: Thomas Paine (1791)

1. Document: a real, not virtual constitution.
2. Constitution comes before the government.
   • People, not government, formulate the constitution.
3. Complex – defines government, its rights and duties.
4. Fundamental law
   • Superior to ordinary laws.
   • Cannot be changed by government, only by people.

Modern vs. Traditional Constitution

Large-C vs. small-c constitutions (Tom Ginsburg, 2015)

• "large-C" Constitutions:
  • Formal documents, designed as a fundamental collection of laws regulating key constitutional institutions of the state.
• "small-c" constitutional rules:
  • A more encompassing set of rules.
  • Both formal and informal.
  • Important statutes, judicial decisions interpreting a constitutional text.
  • Constitutional conventions

James Bryce (1884)

1. Flexible constitutions
   • Advocated by T. Jefferson
   • Legitimate that each generation changes the constitution
2. Rigid constitutions
   • Advocated by J. Madison
   • Safeguard against frequent changes
   • qualified majority
   • approves by two parliaments (SWE)
   • two chambers (CZE)
   • referenda (IRL)
   • subjects of federation
   • combination of provisions (USA)
   • Courts
   • Constitutional practice
   • Constitutional conventions

Constitution and its Functions (Pasqual Pasquino)

1. Values and principles:
   • Basic Law (1949): „Human dignity shall be inviolable.