Course program
In defence of democracy and constitution
What is a constitution? Who and how should it be defended in an emergency? And what should be done if the emergency strategy actually proves ineffective? Can a democracy defend itself, in case of need, by anti-democratic means? The course will address these fundamental questions by discussing the two best-known twentieth-century debates on the subject, that on the guardian of the constitution (the Kelsen vs. Schmitt controversy) and that on militant democracy (Loewenstein).
Prerequisites
The course requires the level of formation that corresponds to the Bachelor of Arts in Philosophy. In particular, the following competences are required: a) the mastery of the basic philosophical lexicon; b) a basic knowledge of political philosophy.
Books
– C. Schmitt, "Il custode della Costituzione", Quodlibet, Macerata 2025.
– Hans Kelsen, "Chi dev’essere il custode della Costituzione?", in Id., "La giustizia costituzionale", Giuffrè, Milano 1981, pp. 239-291.
– Karl Loewenstein, "Democrazia militante e diritti fondamentali", Quodlibet, Macerata 2024.
– Maurizio Fioravanti, "Costituzione", il Mulino, Bologna 1999.
Frequency
Attendance is recommended.
Exam mode
To pass the exam, which consists in a standard interview, students will have: 1) to know the contents of all of the texts listed in the syllabus; 2) to be able to describe their contents in a clear way, by utilizing the specialized lexicon employed in them, and by locating those very texts in their appropriate historical-philosophical context; 3) to demonstrate the capacity to understand that allows elaborating original ideas; 4) to be able to develop an argument in unfamiliar areas and aspects in such a way as to show the capacity to reflect autonomously and critically on some topical themes of the discipline. Meeting requirements 1 and 2 is a necessary condition to pass the exam. Marks beyond 27 will be attributed to those whose interview will meet all four requirements.
Lesson mode
Standard classes, during which the texts listed in the syllabus will be contextualised, explained and discussed.
