JUR 2545 – Contemporary Constitutional Theory

This course covers the theory of the constitution and the theory of constitutional interpretation. It addresses the theory of sub-constitutions, supranational communities, federalism, and local citizenship. The course also examines the crisis of representation and popular participation, the legitimacy of constitutional jurisdiction, and democratic consensus. Finally, it explores the major theoretical currents of contemporary constitutionalism: institutionalism, concretism, and proceduralism in Germany, and republicanism and liberalism in the United States.

JUR 2546 – Ethics, Human Rights, and Constitutional Principles

Issues related to the relationship between the legal order and elements of a moral nature have been a central focus of Western legal-philosophical thought. The two traditional paradigms of legal philosophy—natural law and positivism—are distinguished by how they perceive the links between these two spheres of social life. This course also explores the contemporary proposal to overcome this dichotomy through the so-called post-positivist perspective.

After clarifying some key concepts of moral philosophy, such as ethics, morals, morality, and the values of 'is' and 'ought,' a brief historical overview will situate this field of issues. We will then evaluate the distinction between cognitivist and non-cognitivist ethics, with special attention given to the project of discourse ethics. With this general philosophical foundation, we will address the role and influence of human rights in proposing an ethical basis for the legal system. These considerations will be developed in reference to the heated debate involving universalist and relativist positions in the field of ethics. Finally, in view of the growing recognition of the principled nature of various contemporary constitutional texts based on fundamental rights, some of the constitutional principles of our supreme law will be examined in light of the modern understanding of the legal system as being composed of norms, subdivided into principles and rules.

JUR 2547 – Theory of Democracy

This course explores the invention of politics and the origin of the idea of democracy. It traces the history of democratic theory and practice in the 20th century, covering classical and neoclassical currents, normative and empirical conceptions, major authors, criticisms, institutions, and problems. It delves into the contemporary debate on liberal, republican, and deliberative democracy models. The course also addresses the end of the century and the third wave of democratization worldwide, and examines democratic theory and practice in the face of globalization challenges, including the most recent contributions from political theory, political economy, and international relations.

JUR 2548 – Research Seminar

This course covers the history of legal education, concepts of comparative law applied to legal research, and research methodology applied to law. It also includes jurisprudence research in Superior Courts and the preparation and presentation of a research project.