Comparative Constitutional Law
比較憲法
Lifelong Learning
Comparative law is, deservedly, gaining more and more attention and credit in the academic and professional worlds. It is indeed becoming much relevant in such issues as law reform, understanding the current cosmopolitan world, academic research, and so on. It has several other functions some of which are not much known in fields such as conflicts of law, international criminal cooperation, and many others. It should be more studied and it does enrich a student juridical background in many ways.
It should be more studied and it does enrich a student juridical background in many ways and endows the students with new relevant legal tools, both theoretical and from the praxis. The approach and materials will be modern and updated and will depart from the already outdated classical approaches and issues.
A myriad of «specialized» comparative laws is blossoming, such as comparative constitutional law, administrative comparative law, labour comparative law, and so many more. Within the comparative law science, a field is deservedly gaining more and more relevance, and traction, comparative constitutional law. Comparative constitutional law was, with Aristotle, after all, the original seed of comparative law studies.
Macau is a particularly relevant case study, a laboratory one may say, for the field of comparative law in general and even more so for comparative constitutional law.
Programme
- Comparative law – an introduction, history and methodology issues
- Nature and main functions of («general») comparative law
- Modalities of juridical comparison – from Mega to Micro
- The main legal families (or patterns or traditions or clusters or….) in the world – in general
- Comparative constitutional law and traditional comparative law – Comparative Constitutional Law: History, Uses, Purposes, Challenges and methodology
- The traditional main legal families’ proposals: Serviceable to Comparative Constitutional Law?
- Comparative constitutional law as a predecessor of (general) comparative law – vg, Aristotle
- Comparative constitutional law and subnational constitutions: Still comparative constitutional law?
- A great divide: Political regimes as the greatest rift: autocracies, constitutional democracies
- Common topics on comparative constitutional law – vg Constitutions, forms of State, defence of the Constitution, judicial protection of fundamental rights
- Constitutions as the essential raw material in comparative constitutional law: Classifications of Constitutions
- The defence of the Constitution: Constitutional review: an introduction – Austrian system (concentrated), Diffuse system (USA), Mixed system (Portugal), Merely apparent/Non-existent/Non-operational – vg Constitutions without constitutionalism
- Forms of State: Territorial Organization of the State – Introduction and historical aspects, Federalism, Unitary system, Unitary with regionalism – partial versus integral and symmetric versus asymmetric, State of the art: Blurred distinctions and fluid borders of the classic models
- Judicial protection of fundamental rights: In general: Judicial and non-judicial mechanisms, Normal judicial machinery, Specific judicial mechanisms – Amparo, Verfassungsbeschwerde, habeas corpus, habeas data, Indirect protection? constitutional review examples
- Macau and comparative law – use and relevance
- Macau and comparative constitutional law– use and relevance
Details:
| Instructor: | Mr. Paulo Cardinal |
| Duration: | 16 Hours (8 Sessions) |
| Date: | 14 October to 31 October 2024 |
| Time: | Mon, Tue, Thu 19:00 – 21:00 Course Schedule: |
| Location: | University of Saint Joseph – IIha Verde Campus |
| Language: | English |
| Delivery of Mode: | Face-to-face Lecture |
| Tuition Fee: | MOP2,780 |
| Targeted Participants: | Public workers, Lawyers and jurists in general that understand and wish to explore that Macau is a juridical laboratory in terms of comparative law and in which legal comparisons are very common and relevant, be it in law making, being in contract making namely with Hong Kong and Mainland. It is also a very important tool for all those that wish to better their knowledge, to reinforce its understanding of Law in general and of several fields of law in particular constitutional law. Macau is not an isolated «legal» island and it is in a context of a legal world more and more cosmopolitan, more and more connected, more and more mutually influenced and those who wish to further explore these topics will have a very good opportunity with this course |
Tuition fee special offered available for:
┃5% Discount (MOP 2,641)
- Early-bird application
** Applicants who submit a complete course enrollment on or before 01 October 2024 will enjoy the early-bird special offer in this course. Registrants will be notified of enrollment details via E-mail and SMS after we receive the registration. Don’t miss it!
┃10% Discount (MOP 2,502)
- USJ working staff and students
- Members of AAUSJ (Alumni Association of USJ)
- Next of kin relationship (spouses, children, and parents), for current internal staff, USJ students, and members of AAUSJ
- Former LLO students
Notes: the D.S.E.D.J. 2023-2026 Continuing Education Development Subsidy Scheme is NOT available for this course.
Remarks: the above Conditions of eligibility are subject to the terms in the “Policy of Lifelong Learning Public Programmes Tuition Fee Discount” (LLO-529). The full version is available on the LLO website (click here), please be sure to read the Terms and Conditions contained in this document carefully since any use of this tuition fee discount for lifelong learning public courses constitutes your acceptance of the Terms and Conditions set out herein. In the event of any dispute concerning the matters in this document, the Lifelong Learning Office of the University of Saint Joseph reserves all rights to make the final decision.
Main bibliography
UWE KISCHEL, Comparative Law, 2019
GIUSEPPE DE VERGOTTINI, ‘’Constitutional Law and the Comparative Method’’, in J. Cremades, C. Hermida (eds.), Encyclopedia of Contemporary Constitutionalism, Springer 2021
PAULO CARDINAL, ‘’The Role and Influence of Portuguese Law In the Macau Sar of PR China – Issues and perspectives’’, in Portugal in the Lusophone World: Law and Geopolitics, (Paulo Duarte, Rui Albuquerque and António Tavares, eds.), Palgrave, 2023, pp. 65 – 86
GÜNTER FRANKENBERG, Comparative Constitutional Studies: Between Magic and Deceit, Edward Elgar Pub, 2018
Further bibliography
UGO MATTEI, Three Patterns of Law: Taxonomy and Change in the World’s Legal Systems, American Journal of Comparative Law, 1997
IGNAZIO CASTELLUCCI, Legal Hybridity in Hong Kong and Macau, McGill LJ 665, 2012, pp. 665–720
TONG IO CHENG/SALVATORE MANCUSO, New Frontiers of Comparative Law, LexisNexis, 2013
GLENN PATRICK, Legal Traditions of the World: Sustainable Diversity in Law, 2010
PETER DE CRUZ, Comparative Law in a Changing World, 2007
MATHIAS REIMANN/REINHARD ZIMMERMANN, The Oxford Handbook of Comparative Law, (2nd edit), 2019
ROSALIND DIXON AND TOM GINSBURG, Comparative Constitutional Law, Edward Elgar, 2011
MICHEL ROSENFELD AND ANDRÁS SAJÓ, The Oxford Handbook of Comparative Constitutional Law, OUP, 2012
RAN HIRSCHL, Comparative Matters – The Renaissance of Comparative Constitutional Law, Oxford University Press, 2014
MARK TUSHNET, Advanced Introduction to Comparative Constitutional Law, Edward Elgar, 2014
ROSALIND DIXON AND TOM GINSBURG, Comparative Constitutional Law in Asia, Edward Elgar, 2014
ROSALIND DIXON and ADRIENNE STONE, The Invisible Constitution in Comparative Perspective, Cambridge University Press, 2018
DAVID E. LANDAU and HANNA LERNER (Eds), Comparative Constitution Making, Edward Elgar Publishing, 2019
ROGER MASTERMAN and ROBERT SCHÜTZE, The Cambridge Companion to Comparative Constitutional Law, Cambridge University Press, 2019
Further materials may be referred to or hand to the students.
HOW TO APPLY
A three-step flow of “Registration, Notification, Enrolment” applies.
Applicants should first register (through methods listed in the “Registration” section on our website) during the application period of a Programme. Accepted Registrants will be notified through SMS and they must complete the application process in person during the period mentioned in the SMS, with a valid copy of Macao Resident ID Card.
A certificate of completion will be issued for participants fulfilling an attendance rate of 70%.
Withdrawal applications must follow stated policies.
Remark: Programmes may be cancelled due to insufficient registration.
