Constitutional Development and Democratization
CCSDD
February 19, 2013

One of the classes offered in the spring semester at the Bologna Center of the Johns Hopkins University School of Advanced International Studies is Constitutional Development and Democratization (CCSDD). This course is taught by the Director of the Center for Constitutional Studies and Democratic Development, Dr. Justin Frosini, and hopes to "examine the nature, fate and prospects for constitutional development and democratization." The course showcases another link between the Bologna Center and the CCSDD, and another avenue for students to become involved in the Center's work. Professor Frosini agreed to answer some lingering questions about the class as the semester begins.

1. Could you provide a brief description of the class and your goals for the semester?

Well, one just has to think of the events related to the 'Arab Spring' or the approval of the new and much debated Constitution of Hungary to realise that there have been some rather dramatic constitutional developments and legal reforms in recent years and therefore this course will examine the nature, fate and prospects for constitutional development and democratization. Employing both the diachronic and synchronic methods of analysis typical of comparative constitutional law, the goal I would like to reach during this semester is to address topics such as constitution-making and constitutional amendment; forms of state and forms of government as well as the role and functions of electoral management bodies and constitutional and supreme courts with the aim of getting students to understand how a given institutional framework may facilitate or obstruct transitions to democracy.

2. What are the expectations for the students? Could a student with little background knowledge in International Law take the course without difficulties

I believe this course will provide students with a greater comprehension of comparative constitutional law, but at the same time students with little background knowledge in law will not have great difficulties. During the first two lectures, which generally take on the style of in-class discussions, I devoted some time to clarifying certain legal terms and fortunately SAIS students are quick to catch on!

3. How is the balance in the class between country-specific case studies and theory?

Well the case studies are drawn from different parts of the world, with particular emphasis on Europe and Africa, but of course in order for students to fully comprehend the positive aspects and the shortcomings of the institutional framework adopted by a given country they need to understand fundamental concepts of constitutional law such as the difference between a presidential or parliamentary form of government, a centralized or decentralized model of constitutional review and so forth.

4. What is the role between the class and the work of the Center for Constitutional Studies and Democratic Development?

This course finds its roots in the research conducted at the CCSDD. Let me give you a few examples: during the third lecture next Monday, Bouchra Chakroune, who is a candidate for our Masters of Arts in International Affairs (MAIA) and was an intern at the CCSDD last year for our Arab Spring project will give a class presentation on the new draft Constitution of Tunisia.

That will be followed by class discussion on the new Egyptian Constitution, which was the object of an entire session of the conference the CCSDD organized with SAIS Washington's Protection Project last week here in Bologna.

Later on in the course we will be looking at the role of Constitutional Courts and Electoral Management Bodies in transitions to democracy, which are two topics that the CCSDD has been doing research on for some years.

5. What can students who are interested in this class get out of it that they would not be able to get from independent research? What do you hope that students take away from it?

For students who are interested in studying constitutional development and democratization, I am convinced that this course will provide them with the legal tools that are required to conduct scientifically rigorous research in this field. Again let me give an example concerning the new Egyptian Constitution: in addition to discussing whether Sharia should be a source of law or the Military should maintain the powers it had under the previous regime one cannot ignore that the actual text approved through a referendum in December contains a series of flaws from a legal standpoint which we will examine in class. My aim is that at the end of this course students will be able to examine constitutional texts with an expert eye and pinpoint the legal shortcomings they contain.