ML: Between legal and political constitutionalism. On the foundations of modern democracies. WF-OB-WAK2

The course offers an in-depth philosophical examination of the foundations, structures, and challenges of modern constitutional democracies, with particular emphasis on the relationship between legal authority, political power, and the moral principles underlying constitutional government. It investigates competing approaches to constitutionalism, especially the distinction between legal and political constitutionalism, and considers how different understandings of the constitution shape the distribution of power among political institutions, courts, and citizens. The course begins with the problem of constitutional crises and the conditions necessary for maintaining institutional stability, examining the limits of political authority and the role of judicial power in safeguarding constitutional order.
A central part of the course concerns the philosophical origins of human rights and the relationship between moral claims and positive law. Drawing on the natural law tradition, students will explore the grounds for the universality of human rights and consider how ethical principles become incorporated into legal systems. Particular attention will be given to the right to life and the moral foundations of its protection, as well as contemporary controversies concerning same-sex marriage and the relationship between constitutional rights, democratic decision-making, and competing conceptions of justice. These issues provide an opportunity to examine the philosophical assumptions that inform constitutional interpretation and the role of moral reasoning in public law.
The course also explores the foundations of political legitimacy and the relationship between individuals and political communities. It examines the concepts of democracy, equality, political power, and the common good, asking how authority can be justified and what responsibilities citizens and institutions bear toward one another. Students will consider tensions between individual rights and collective interests, as well as the difficulties of reconciling personal freedom with social responsibility in pluralistic societies. The philosophical meaning of the constitution will be examined through questions concerning its origins, normative authority, and relationship to the political community: is a constitution primarily the discovery of fundamental principles or the outcome of deliberate philosophical and political reflection?
Historical and contemporary experiences of political rule provide a further dimension of the course. The transition from totalitarianism to the rule of law will be examined in order to identify the philosophical lessons of political oppression and the institutional conditions of constitutional government. Particular attention will be devoted to transitional justice, including the moral dilemmas involved in restoring legality, addressing past injustices, and reconciling the demands of justice with the requirements of political stability. These discussions will lead to an examination of the challenges involved in defending democracy, including the ethical questions surrounding war, killing, coercion, and the use of force in the protection of political communities.
In its concluding part, the course addresses the durability and vulnerability of contemporary liberal democracies. It examines the relationship between constitutional limitations, democratic self-government, and the emergence of authoritarian tendencies. Students will reflect on the moral and institutional resources required to preserve the rule of law, protect fundamental rights, and sustain legitimate political authority. The course emphasizes that constitutional democracy is not merely a set of institutional arrangements but also a political order dependent on underlying conceptions of justice, human dignity, responsibility, and the common good.
Combining philosophical analysis, conceptual clarification, and engagement with significant legal and political controversies, the course encourages students to critically examine the principles that structure modern constitutional government. It provides an opportunity to assess different approaches to the relationship between law and politics while developing a deeper understanding of the moral foundations, institutional tensions, and historical challenges of democratic constitutionalism. All classes will be conducted in English.