Learning outcomes of the curricular unit

In the 20th century and in the aftermath of totalitarian and authoritarian experiences, democratic constitutionalism prevailed. In the 21st century, however, many states face towering social and economic inequalities, toxic polarization, the underrepresentation of minorities and women, religious fundamentalism, xenophobia and the proliferation of anti-system parties. In this troubled context, worrying democratic backsliding has emerged in some states, which is revealed through forms of abusive constitutionalism or in the guise of illiberal democracies (e.g., with attacks on judicial independence, academic freedom, freedom of the press, and the activities of NGOs ). Democratic deterioration is a topic of great relevance today and which, in addition to the sociological analysis of its cultural-identity and economic causes, requires what we propose to do: a reflection through the lenses of philosophy of law, political philosophy and constitutional theory.

Syllabus

Part I – The Pillars of Democratic Constitutionalism
(Weeks 1 and 2 – 1st, 2nd, 3rd and 4th classes)
1. Matrix of Western constitutionalism
2. Major conceptions of constitutionalism

Part II – The 21st Century and the Erosion of Liberal Democracy
(Weeks 3 to 5 – 5th, 6th, 7th, 8th, 9th and 10th classes)
1. The 'illiberal' phenomenon of the last four decades
2. Threats to constitutional democracy:
2.1. Authoritarianism and extremism
2.2. Populisms
2.2.1. The roots of the populist phenomenon
2.2.2. Populist traits
2.2.3. Strategies for containing populist movements
2.3. Democratic resistance
2.3.1. Populism versus constitutionalism?
2.3.2. Left-wing/benign/inclusivist populisms versus right-wing/malignant/exclusivist populisms?
2.3.3. Democracy, Constitution and representation