22-222.11 GLOBAL CONSTITUTIONALISM
Faculty of Economic and Social Sciences
University of Hamburg
Winter Semester 2011/2012
Convenor: Prof Antje Wiener, PhD AcSS
Monday 14-16 h
AP1 138
Chair’s Office
Allende Platz 1, 20146 Hamburg, Tel 040-428 38 -4086
Room 242
Secretary: Ms Christiane Krüger, Christiane.krueger@wiso.uni-hamburg.de
Research Assistant: Daniel Schlechter, Daniel.schlechter@wiso.uni-hamburg.de
Office hours: By appointment through the Chair’s Office only
Lecture/Seminar Programme
Please note that parallel to the seminar sessions, this class is conducted in connection with the Lecture
Series of the Centre for Globalisation and Governance (CGG). This lecture series addresses the theme of
Global Constitutionalism in its Fall/Winter series 2011-12. It therefore offers the students the
exceptional opportunity to obtain research information as it is presented by outstanding international
scholars in Hamburg. Students are advised to attend as many lectures as possible as part of their
problem-oriented learning and independent group-based research practice.
Week 1 – Oct. 17th:
Week 2 – Oct 24th:
Week 3 – Oct 31st :
Week 4 – Nov 7th:
.
Week 5 – Nov 14th:
Week 6 – Nov 21st:
Week 7 – Nov 28th:
Week 8 – Dec 5th:
Week 9 - Dec 12th:
Week 10 – Dec 19th:
Week 11 – Jan 9th:
Week 12 – Jan 16th:
Week 13 – Jan 23rd:
Week 14 – Jan 30th:
Welcome and Presentation of Seminar Outline
DIES ACADEMICUS
Lecture “Global Constitutionalism” (Prof. A Wiener)
Introduction of Problem-Oriented Learning Method & Selection Work Groups for
Problem-Oriented Learning: Functionalist, Normative, Pluralist Approaches
Independent Group Work (Library, IT, Discussion)
Feedback Session in Class: Presentation of Reading Selection and Group’s Guiding
Research Question
Preparation of Group Content Presentation
Preparation of Group Content Presentation
Presentation of research questions/presentation outline
Reading Week
Presentation of Work Group 1: Functionalist Approaches
Presentation of Work Group 2: Normative Approaches
Presentation of Work Group 3: Pluralist Approaches
Round-table: The Future of Global Constitutionalism – A Global Constitution?
Faculty of Social and Economic Sciences – Political Sciences
Allende-Platz 1, 20146 Hamburg
Teaching Method:
This is a research focused seminar. The teaching method is problem-oriented learning. Students will learn how
to conduct research independently and how to derive leading research questions through group discussions.
The method involves independent group work and in-depth teaching in class.
Language:
The module's weekly sessions including student presentations are held in English. Exams can be submitted in
either English or German. The reading material will be in English and weekly preparation requires reading at
least two or three articles in order to achieve a “pass” grade.
Readings:
According to the method of problem-oriented learning, there are very few ‘required readings’ listed in this
class. If and when they are noted then students must have read them because these readings provide the
necessary background knowledge for understanding the material and passing the take-home exam (THE).
In addition, a ‘reading list’ is provided at the end of this seminar outline to provide students with the body of
central readings for this class. Note that this list is however intended as start-off information only. Students are
encouraged to explore further sources based on their respective group discussions and research results.
Should students be unable to locate readings on the provided list - either on the internet (IT) or in the UHH
library - they are welcome to contact the research assistant for support. (Please allow a week’s response time.)
Assessment:
1 take-home exam/ 2.500 Words = 80 % of final mark
The take home exam consists of an essay in which one out of three questions is answered at home.
Take-home exam 9:00h Friday 13th January 2012 to 9:00h Monday 16th January 2012
Alternative date: 9:00h Friday 20th January 2012 to 9:00h Monday 23rd January 2012
1 Presentation (15-20 min) = 20% of final mark
The presentations are expected to offer a critical discussion of the readings marked as required, and a selection
of at least two of the additional readings, in addition the presenters are expected to include the CGG Lecture
listed for the selected seminar session. The presentation should offer first, direct references to the text
material and second, a critical discussion of these materials which raises a question in concluding.
A presentation outline is due a week before the assignment. This should be submitted by email to Ms Krüger
indicating clearly the module number and title in the subject line. The presentation will be marked based on
the outline, the PPT presentation, the hand-out and on the oral presentation.
To use PPT facilities you want to bring your own laptop, or, alternatively make arrangements with Ms Krüger
for using the university laptop. This needs to be arranged a week prior to your presentation.
Attendance is compulsory for obtaining a mark (or Schein); more than two missed sessions will lead to a fail
mark of 0%.
Please note that this seminar outline will be updated on a weekly basis on STiNE. Students are therefore
responsible to obtain any updates in their seminar preparations. Any queries should be directed to
Christiane Krüger at the LS Global Governance Office.
Faculty of Social and Economic Sciences – Political Sciences
Allende-Platz 1, 20146 Hamburg
Note on readings:
All books are available at the library:
“Handapparat” for Chair of Political Science especially Global Governance
All journal articles are available online. Use these steps to find your article:
1. Go to the campus catalogue search function and select “Erweiterte Suche” on the top of the site
2. Type in the name of the journal you are looking for (e.g. “International Organization”) under
“Titelstichwörter”
3. At the bottom of the page, you can choose the material type. Select only “Online-Zeitschriften” and
start the search.
4. Under the following links you should find the journal. Click on it and select the link beneath.
5. In the two columns you have to choose your institution. Choose “Hochschulbibliotheken” on the left
one, then “Hamburg - Bibliothekssystem Universität Hamburg” on the right. Click on “Anzeige für die
gewählte Institution”. Select the fitting link on the next page.
6. If you are not online via the university network, you have to enter your library account number and
password now.
7. You should have access to the webpage of the journal now to browse through the issues. Just look for
the issue that includes your article.
Approach
The approach to teaching applied in this class is called ‘problem-based learning (PBL)’. This approach
proceeds in three broad stages 1: Information, 2: Exploration and 3: Discussion.
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The first stage consists of lectures, data-collection, and media research.
The second stage involves problem-oriented learning in work groups on each of the three
main approaches to global constitutionalism, i.e. the functionalist, the normative and the
pluralist approach, respectively. It is based on the ‘open laboratory’ method involving group
work, data-collection, collective writing, guidance and Q & A at the Professor’s office and inclass presentation of research logs and questions).
The third stage involves presenting the research results and discussing the outcomes in class
(presentations in class with discussion).
A final step consists in a conclusive and critical ‘round-table’ discussion where all groups
present and compare their respective research output and leading questions.
Active participation in all sessions is compulsory for students wishing to obtain a grade in this
class.
Faculty of Social and Economic Sciences – Political Sciences
Allende-Platz 1, 20146 Hamburg
Detailed Seminar Outline
Week 1 – 17 Oct 11: Welcome
Presentation of seminar content, teaching method, discussion of expectations regarding student
input, work-load and so forth; e-learning facilities, research assistance, library facilities etc.
Week 2 - 24 Oct 11: No lesson due to the “Dies academicus”
Week 3 - 31 Oct 11: Introduction: Global Constitutionalism / Lecture: Prof A Wiener
Required Readings
Dunoff, Jeffrey L, and Joel P. Trachtmann. 2009. Ruling the World? Constitutionalism, International
Law, and Global Governance. Cambridge: Cambridge University Press, Ch 1.
Week 4 – 07 Nov 11: Introduction of Problem-Oriented Learning Method & Selection Work Groups
for Problem-Oriented Learning: Functionalist, Normative, Pluralist Approaches
Material:
Literature and other work material such as for example media files, PPTs and other materials will be
collected independently by each group. The groups are expected to discuss their individual approach
in independent work sessions which are to be scheduled each week among the group participants.
Each group will prepare summary reports of their meetings which are to be presented during the
third stage of this seminar, i.e. the DISCUSSION STAGE.
Required Reading
Barrett, Terry. 2005. What is Problem-based Learning? In: G. O'Neill, S. Moore and B. McMullin
(Eds.), Emerging Issues in the Practice of University Learning and Teaching. Dublin: AISHE.
Released under Creative Commons licence: Attribution-NonCommercial 2.0. Some rights
reserved.
Week 5 - 14 Nov 11: Independent Group Work (Library, IT, Discussion)
This week marks the beginning of problem-oriented group work in three teams.
Required Reading
Wendt, Alexander. 1998. On Constitution and Causation in International Relations. In: Review of
International Studies, 24 (5): 101-117.
Or:
Wendt, Alexander. 1999. Social Theory of International Politics. Cambridge: Cambridge University
Press.
Wiener, Antje. 2009. Enacting Meaning-in-Use. Qualitative Research on Norms and International
Relations. In: Review of International Studies, 35 (1): 175-193.
Faculty of Social and Economic Sciences – Political Sciences
Allende-Platz 1, 20146 Hamburg
Week 6 – 21 Nov 11: Feedback Session in Class: Presentation of Reading Selection and Group’s
Guiding Research Question
This session involves the presentation of each group’s guiding research question. The groups will
prepare a short PPT presentation (no longer than 10min) to introduce the research question and
prepare a 20min in-class discussion of their respective question.
Topics
- What is the group's leading question?
- Which presentations will the group's research focus be divided into?
Material:
Reading lists and research log, i.e. short summaries of each source presented in tables (for input on
STINE)
Week 7 – 28 Nov 11: Preparation of Group Content Presentation – Group work, not in class
You/groups may contact Prof. Wiener in her office during lesson hours.
Required Readings
Select your key readings from the reading list which is grouped according to the three leading
themes of functionalist, normative, and pluralist approaches to global constitutionalism.
Week 8 – 05 Dec 11: Preparation of Group Content Presentation – Group work, not in class
You/groups may contact Prof. Wiener in her office during lesson hours.
Each group prepares queries and questions to be addressed in class. This class offers guidance and
back-ground information for the completion of each group’s final presentation of their respective
research findings.
Week 9 – 12 Dec 11: Presentation of research questions/presentation outline – IN CLASS
This week’s work involves independent group work. Students are welcome to visit with the
instructor in her office to address questions and queries, or make any other work-related inquiries.
Week 10 – 19 Dec 11: Reading Week
This week is assigned for independent reading to prepare for the take-home exam at the end of the
semester.
This week’s working hours for this class are to be spent in the library and at your desk at home. The
purpose is to catch up with readings, prepare your presentations and, if you wish, take the
opportunity to write a mock-exam. The latter will offer you the chance to check on your writing and
will prepare you for the final take-home exam which will be formally assessed (the mock-exam will
be assessed only, should students specifically ask for marks.
Faculty of Social and Economic Sciences – Political Sciences
Allende-Platz 1, 20146 Hamburg
Week 11 – 09 Jan 11 : Presentation of Work Group 1: Functionalist Approaches
This week’s session is the first of three presentations of the problem-oriented research results.
Week 12 – 16 Jan 12: Presentation of Work Group 2: Normative Approaches
Presentation of problem-oriented research results - continued.
Week 13 – 23 Jan 12: Presentation of Work Group 3: Pluralist Approaches
Presentation of problem-oriented research results - continued.
Week 14 – 30 Jan 12: Round-table: The Future of Global Constitutionalism – A Global Constitution?
At this session a round-table discussion involving each group is organized to critically discuss and
compare research output and leading questions.
Reading List
General
Barrett, Terry. 2005. What is Problem-based Learning? In: G. O'Neill, S. Moore and B. McMullin
(Eds.), Emerging Issues in the Practice of University Learning and Teaching. Dublin: AISHE.
Released under Creative Commons licence: Attribution-NonCommercial 2.0. Some rights
reserved.
Beck, Ulrich, and Edgar Grande. 2007. Cosmopolitan Europe. Cambridge: Polity Press.
Bull, Hedley. 1977. The Anarchical Society: A Study of Order in World Politics. Basingstoke:
Macmillan.
Kratochwil, Friedrich V. 1989. Rules, Norms, and Decisions. On the conditions of practical and legal
reasoning in international relations and domestic affairs. Cambridge: Cambridge University
Press.
Rosenau, James N., and Ernst-Otto Czempiel. 1992. Governance Without Government: Order and
Change in World Politics. Cambridge et al.: Cambridge University Press.
Methodology
Bendix, Reinhard. 1963. Concepts and Generalizations in Comparative Sociological Studies. American
Socialogical Review 28 (4): 532-539.
Flick, Uwe. 2004. Triangulation. Eine Einführung. Wiesbaden: VS Verlag für Sozialwissenschaften.
Gadamer, Hans-Georg. 2010 [1960]. Wahrheit und Methode. Tübingen: Mohr Siebeck.
Garfinkel, Harold. 1967. Studies in Ethnomethodology. Cambridge: Polity Press.
Hansen, Lene. 2006. Security as Practice: Discourse Analysis and the Bosnian War. London:
Routledge.
Faculty of Social and Economic Sciences – Political Sciences
Allende-Platz 1, 20146 Hamburg
Milliken, Jennifer. 1999. The Study of Discourse in International Relations: A Critique of Research and
Methods. European Journal of International Relations 5 (2): 225-254.
Weldes, Jutta, and Diana Saco. 1996. Making State Action Possible: The United States and the
Discursive Construction of 'The Cuban Problem', 1960-1994. Millennium: Journal of
International Studies 25 (2): 361-395.
Wendt, Alexander. 1999. Social Theory of International Politics. Cambridge: Cambridge University
Press.
Wenger, Etienne. 1998. Communities of practice: Learning, meaning, and identity. Cambridge:
Cambridge University Press.
Wendt, Alexander. 1998. On Constitution and Causation in International Relations. Review of
International Studies 24 (5): 101-117.
Wiener, Antje. 2009. Enacting Meaning-in-Use.Qualitative Research on Norms and International
Relations. Review of International Studies 35 (1): 175-193.
Wiener, Antje. 2010. Zur normativen Wende in den IB: Triangulation of a Different Kind. Zeitschrift
für Internationale Beziehungen 17 (2): 335-354.
Zürn, Michael. 2010. Vier Modelle einer globalen Ordnung in kosmopolitischer Absicht. In: Politische
Vierteljahresschrift, 52 (1): 78-118.
Pluralist Approaches
Bogdandy, Armin von. 2008. Pluralism, direct effect, and the ultimate say: On the relationship
between international and domestic constitutional law. I*CON 6 (July/October): 396-413.
Brunnée, Jutta, and Stephen J. Toope. 2010 Legitimacy and Persuasion: The Hard Work of
International Law. Cambridge: Cambridge University Press.
Halberstam, Daniel, and Eric Stein. 2008. The United Nations, the European Union, and the King of
Sweden: Economic Sanctions and Individual Rights in a Plural World Order. Common Market
Law Review, Vol. 46, 2009.
———. 2009. The United Nations, the European Union, and the King of Sweden: Economic Sanctions
and Individual Rights in a Plural World Order. Common Market Law Review 46: 13-72.
Isiksel, N. T. 2010. Fundamental rights in the EU after Kadi and Al Barakaat. European Law Journal 16
(5): 551-577.
Kennedy, David. 2006. One, Two, Three, Many Legal Orders: Legal Pluralism and the Cosmopolitan
Dream. N.Y.U. Review of Law & Social Change 31 (64): 641-659.
Loughlin, Martin, and Neil Walker, eds. 2007. The Paradox of Constitutionalism - Constituent Power
and Constitutional Form. Oxford, New York: Oxford University Press.
Stone Sweet, Alec. 2010. Constitutionalism, Legal Pluralism, and International Regimes. Indiana
Journal of Global Legal Studies, Vol. 16, pp. 621-45, 2009.
Tamanaha, Brian Z. Understanding Legal Pluralism: Past to Present, Local to Global. Sydney Law
Review, Vol. 29, 2007.
Tully, James. 2008. Public Philosophy in a New Key, Vol. 1. Cambridge: Cambridge University Press.
———. 2008. Public Philosophy in a New Key, Vol. 2. Cambridge: Cambridge University Press.
Tully, James. 1995. Strange multiplicity : constitutionalism in an age of diversity. of John Robert
Seeley lectures. Cambridge, New York: Cambridge University Press.
Walker, Neil. 2002. The Idea of Constitutional Pluralism. The Modern Law Review 65 (3): 317-359.
———. 2009. Beyond the Holistic Constitution? SSRN eLibrary.
Wiener, Antje. 2008. The Invisible Constitution of Politics. Contested Norms and International
Encounters. Cambridge: Cambridge University Press.
Normative Approaches
De Burca, Grainne. 2009. The EU, the European Court of Justice and the International Legal Order
after Kadi. Harvard International Law Journal 1 (51).
Faculty of Social and Economic Sciences – Political Sciences
Allende-Platz 1, 20146 Hamburg
Eriksen, Erik Oddvar. 2005. Making the European Polity. London: Routledge.
Fassbender, Bardo. 2007. "We the Peoples of the United Nations: Constituent Power and
Constitutional Form in International Law." In The Paradox of Constitutionalism: Constituent
Power and Constitutional Form, eds. Neil Walker and Martin Loughlin. Oxford: OUP. 269-290.
Fischer-Lescano, Andreas, and Gunther Teubner. 2004. Regime-Collisions: The Vain Search for Legal
Unity in the Fragmentation of Global Law. Michigan Journal of International Law 25 (4): 9991046.
Grimm, Dieter. 1995. Does Europe Need a Constitution? European Law Journal 1 (3): 282-302.
Habermas, Jürgen. 1989. Moral Consciousness and Communicative Action. Cambridge: Polity.
Howse, Robert, and Ruti Teitel. 2011. "Humanity Bounded and Unbounded: The Problem of State
Borders and the Normative Regulation of Self-Determination and Secession in International
Law." Presented at the Constitutionalism in a New Key? International Conference
Cosmopolitan, Pluralist and Public Reason-Oriented, WZB Rule of Law Centre Humboldt
University of Berlin.
Functional Approaches
Dunoff, Jeffrey L, and Joel P. Trachtmann. 2009. Ruling the World? Constitutionalism, International
Law, and Global Governance. Cambridge: Cambridge University Press.
Kingsbury, Benedict, Nico Krisch, and Richard B. Stewart. The Emergence of Global Administrative
Law. SSRN eLibrary.
Krisch, Nico. 2009. Global Administrative Law and the Constitutional Ambition. SSRN eLibrary.
Zürn, Michael, and Christian Joerges. 2005. Law and Governance in Postnational Europe. Cambridge:
Cambridge University Press.
Zürn, Michael. 2000. Democratic Governance Beyond the Nation-State: The EU and Other
International Institutions. European Journal of International Relations 6 (2): 183-221.
Faculty of Social and Economic Sciences – Political Sciences
Allende-Platz 1, 20146 Hamburg
Annexe
Series Lecture am CGG im Wintersemester 2011/12
Global Constitutionalism: Thinking about Justice, Legitimacy and
Democracy in Global Terms
Mostly all lectures will take place: main building ESA 1 Hörsaal K (18:00 ct)
02/11/2011
Prof. Robert Howse, PhD & Prof. Ruti G. Teitel, PhD
New York University
Interpretation and Effectiveness in International Law
09/11/2011
This lecture will take place in Hörsaal B, VMP 6
Prof. Arlie Hochschild, PhD
University of California at Berkley
Global Care Chains: perceptions and realities of the care taker's care taker's
caretaker.
09/11/2011
Prof. Richard Bellamy, PhD
University College London
Are International Human Rights Conventions Democratically Legitimate?: Political
Constitutionalism and the Hirst Case
07/12/2011
Prof. Cecelia Lynch, PhD
University of California at Irvine
Christianity, Sovereignty and Universalism in International Relations
14/12/2011
Prof. Dr. Christoph Möllers
Humboldt Universität Berlin
How to know where Rule and Reason are? The Concept of Normativity in Empirical
Research
18/01/2012
Prof. Neil Walker, PhD
University of Edinburgh
Constitutionalism and Publicness in the new Global order: A Shifting Relationship
25/01/2012
Prof. Richard Ned Lebow, PhD
Darthmouth College (USA)
Identity, Justice and Globalization
Faculty of Social and Economic Sciences – Political Sciences
Allende-Platz 1, 20146 Hamburg