Constitutional Courts: Topics in Comparative Law

(4 Credits)

Constitutional courts represent a relatively new institutional innovation that has now proliferated across the globe. Today, they enjoy a high degree of prominence given their role in shaping jurisdictions, particularly in overseeing and reviewing the executive and legislature, and in defining and enforcing fundamental rights. This course adopts a comparative perspective, examining constitutional courts across both common law and civil law jurisdictions, including the U.S., the UAE, and South Africa. It explores how constitutional courts function in theory and practice, highlighting their jurisprudential approaches and broader impact. Topics include constitutional interpretation, the impact of European and international law on domestic jurisprudence, and questions of legitimacy and public perceptions. The teaching material combines academic scholarship with primary sources, i.e., judgments from influential courts worldwide. This enables students to develop strong analytical and critical thinking skills, while gaining first-hand exposure to a diverse range of judicial constitutional reasoning.