Diagram 1 (The most important milestones in constitutional history)
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Constitutionalism in Europe Contribution to the courses Perbandingan Hukum Tata Negara (S1 Reguler) and Constitutional Law (IUP) |
28.06.23 |
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Semester 2, 2022/23 (S1 Reguler, IUP); Monday, 20.03., 27.03., 08.05.2023, 12:00 - 13:30, and Tuesday, 02.05.2023, 16:00 - 17:30, room B.7.1 (S1 Reguler); Tuesday, 21.03. and Friday, 31.03.2023, 13:00 - 14:40. (Class A) and 15:00 - 16:40, (Class B), room B.4.3 (IUP) |
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Final note
After the end of the courses this website has been finished. It will stay available for the purpose of deepening and repetition. Thank you for your interest and commitment. You are always welcome to contact me for any comments or questions. With best wishes for your future studies, yours Prof. Dr. Thomas Schmitz
Course Contribution Description
At the Faculty of Law of Universitas Gadjah Mada the courses are shared by several lecturers. This website informs about the contents of my lectures from March to May 2023. They complement those of my colleagues from the perspective of comparison of laws with a special focus on constitutional law in Europe, in particular German constitutional law. Comparative studies of constitutional law are valuable for a better understanding of the own constitutional law, its particularities and the alternatives, its strong and weak points and the perspectives of its development. Constitutionalism in Europe is an interesting field of studies because European experiences, the important contributions of European scholars and the jurisprudence of European constitutional courts have has inspired the development of constitutionalism in the world.
Due to the reduced number of lectures in all study programs in this semester, for the students in the IUP course Constitutional Law, § 4 and § 5 will not be taught in the lectures but are reserved for self-study. However, interested students are welcome to join us in the two last lectures in the course Perbandingan Hukum Tata Negara in the Regular Program. Moreover, every course participant is welcome to contact me with any questions at any time in my office (A.IV.11) or via WhatsApp or e-mail.
Downloads (PDF files)
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Diagram 1 (The most important milestones in constitutional history) |
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Diagram 2 (Introduction to the principle of the rule of law) |
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Slides
presented in
the lectures (®
aids for illustration) |
Contents (summary/details)
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§ 1 Introduction |
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§ 2 Basics of constitutionalism |
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§ 3 The European free and democratic constitutional state (1): fundamental constitutional decisions |
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§ 4 The European free and democratic constitutional state (2): fundamental rights (in the course Constitutional Law [IUP] for self-study) |
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§ 5 Constitutional jurisdiction (in the course Constitutional Law [IUP] for self-study) |
Bibliography (selection for this course contribution)
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Bogdandy, Armin von; Huber, Peter; Ragone, Sabrina (editors): The Max Planck Handbooks in European Public Law, vol. II: Constitutional foundations, 2023 (for in-depth studies) |
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Heun, Werner: The Constitution of Germany. A Contextual Analysis, 2011 |
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Robbers, Gerhard: Constitutional Law in Germany, 2017 |
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Bumke, Christian; Vosskuhle, Andreas: German Constitutional Law. Introduction, Cases, and Principles, 2019 |
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Kommers, Donale P.: German Constitutionalism: A Prolegomenon, German Law Journal 20 (2019), 534 ff |
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Robbers, Gerhard: An Introduction to German Law, 7th edition 2019 (cf. p. 32 ff.) |
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Zekoll, Joachim; Wagner, Gerhad (editors): Introduction to German Law, 3rd edition 2018 (cf. chapter 2) |
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Boyron, Sophie: The Constitution of France. A Contextual Analysis, 2012 |
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Paris, Marie-Luce; Foulon, Julie; Pouillaude, Hugo-Bernard ; Sterck, Julien: Constitutional Law in France, 2019 |
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Zoller, Elisabeth: French Constitutionalism / Le constitutionalism français, in: Henri Capitant Law Review / Revue du droit Henri Capitant 2018, no. special |
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Onida, Valerio; D'Amico, Marilisa a.o.: Constitutional Law in Italy, 3rd edition 2021 |
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Ruiz Robledo, Agustín: Constitutional Law in Spain, 2nd edition 2018 |
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Bovend'Eert, Paul; Kortmann, Constantijn: Constitutional Law in the Netherlands, 3rd edition 2018 |
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Popelier, Patricia; Lemmens, Koen: The Constitution of Belgium. A Contextual Analysis, 2015 |
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Rogowski, Ralf; Gawron, Thomas (editors): Constitutional Courts in Comparison: The US Supreme Court and the German Federal Constitutional Court, 2016 |
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Visser, Maartje de: Constitutional Review in Europe. A Comparative Analysis, 2014 |
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ECLR: European Constitutional Law Review, since 2005 |
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ERPL/REDP: European Review of Public Law / Revue Européene de Droit Public, since 1989 |
See also the comprehensive bibliography on comparative constitutional law from the course "Comparative Constitutional Law" (semester 1, 2022/23).
A. Links concerning the general subject of the course contribution
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Constitutions:
Basic Law for the Federal Republic of Germany of 1949,
French Constitution of 1958,
Italian Constitution of 1947,
Spanish Constitution of 1978,
Ukrainian Constitution of 1996
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Constitutional courts: Federal Constitutional Court [Bundesverfassungsgericht] (Germany), Constitutional Council [Conseil Constitutionnel] (France), Constitutional Court [Corte Costituzionale] (Italy), Tribunal Constitucional (Spain), others |
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Associations: SIPE (Societas Iuris Publici Europaei, association of European constitutionalists), EPLO (European Public Law Organisation) |
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Research institutions: Max Planck Institute for Comparative Public Law and International Law (Heidelberg, with huge library on public law in the world), Institute for European Constitutional Law (Trier), Center for Constitutional Studies and Democratic Development (Bologna) |
B. Links concerning special subjects
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concerning § 2 II: Jan-Werner Müller; Kim Lane Scheppele, Constitutional patriotism: An introduction, I*CON 6 (2008), 67 ff. |
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concerning § 2 IV: U.S. Supreme Court, Marbury v. Madison, 1803 (primacy of the constitution and constitutional review); Jutta Limbach, The Concept of the Supremacy of the Constitution, Modern Law Review 64 (2001), no. 1, p. 1 ff.; Christian Bumke; Andreas Voßkuhle, German Constitutional Law, 2019, no. 161 ff (on the interpretation of laws in conformity with the constitution) |
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concerning § 2 VI: Instrument of Government (England 1653), Déclaration des droits de l'homme et du citoyen (France 1789; French/Engl.) |
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concerning § 3 II: Council of Europe, Venice Commission (European Commission for Democracy through Law, expert commission of the Council of Europe); Thomas Schmitz, The fundamental values of the European Union (course material) |
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concerning § 3 III: Venice Commission (editor), The principle of respect for human dignity, Doc. no. CDL-STD(1998)026, 1998 |
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concerning § 3 IV: See the links on the principle of democracy from the course Electoral Law |
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concerning § 3 V: Thomas Schmitz, The rule of law - an often underestimated core principle of the modern constitutional state, guest lecture at UNDIP, Semarang, 18.03.2022; Venice Commission (editor), Rule of Law Checklist, 2016 |
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concerning § 4 III: art. 1(3) German Basic Law (fundamental rights as directly applicable law - today a standard of constitutionalism), Thomas Schmitz, On the terms "Human Rights", "Fundamental Rights" and "Constitutional Rights" (course material) |
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concerning § 5: German Bundesverfassungsgericht [Federal Constitutional Court], French Conseil constitutionnel [Constitutional Council] |
