Global Constitutionalism: Asia-Pacific Perspectives

Course objectives

he course aims at providing the students with a general understanding of major developments, recent trends and challenges embedded in the democratic processes in the contemporary world, focussing on Asian Countries (India, China with Hong Kong, Japan, Singapore, Malaysia). The course seeks to achieve the following objectives: I. providing instruments for the comprehension of constitutional transitions and democratization, employing both the diachronic and synchronic methods of analysis typical of comparative constitutional law. II. enabling students to familiarize themselves with some recent trends in the development of rule of law and democratic pluralism in Asia III. Encouraging students to look critically at the various experiences of democracy and democratization processes in different social, political, ideological, and global contexts. Why the Focus on Asia? In the early 21st Century, Asian countries have developed increasingly vibrant practices of constitutional law and the overall intent of the course is that of offering an up-to-date and in-depth comprehension of recent institutional transformation occurring in the most important Countries in Asia – India, China and Hong Kong, Japan, Singapore, Malaysia - and appreciate the original Asian contributions to the ideologies of constitutionalism.

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ASTRID ZEI Lecturers' profile

Program - Frequency - Exams

Course program
About the Methods: The description of the process and the substance of Constitution making and further constitutional development in the most important Countries integrates knowledge from other disciplines, particularly historical studies and political sciences to better understand the contexts of each case – including the legacies of earlier colonial or imperial periods, the social composition, the cultural divisions, the religious issues and ideological commitments in framing constitutional debates and constitutional interpretation. Main Topics: 1. Constitution Making and Institution Building in Asia 2. Constitutional Cultures in Asia and their influence on the Style of Constitutionalism Before and Beyond the Courts 3. Systems of Government in India, Singapore, Malaysia, Japan, Hong Kong 4. Constitutional Change and Amendments 5. Forms and limits of political participation in Asia 6. The right to Equality and Equal Protection: Equality Before the Law; Positive Discriminations; Discriminations and Protection of Minorities 7. Religion and State: Western v. Asian Secularism
Prerequisites
Students are assumed to be familiar with the basic concepts of Public and/or Comparative Constitutional Law.
Books
- Mauro Mazza (Ed.), The Constitutional Systems of East Asia, The Hague, Eleven International Publishing, 2019 Alternative readings will be provided during the course for the attending students.
Teaching mode
Lessons will be held during the second semester (beginning by the end of February until the end of May).
Frequency
Attendance in class is warmly suggested. An attendance sheet will be passed at each class. In order to be considered as an attending student, the minimum attendance threshold is set at 2/3 of classes
Exam mode
The oral examination will be based on three open questions and will have an average duration of 20 minutes. Alternatively, students could attend an intermediate and a final written test/examination.
Lesson mode
Lessons will be held during the second semester (beginning by the end of February until the end of May).
  • Lesson code10606350
  • Academic year2025/2026
  • CourseGlobal Humanities
  • CurriculumSingle curriculum
  • Year3rd year
  • Semester2nd semester
  • SSDIUS/21
  • CFU6