Comparative Constitutional Law

3 units

This course will cover a series of topics arising in the comparative study of constitutional systems, with a degree of focus upon constitutional design and political outcomes. Each week, we will cover a different element of the constitution, including: the nature of a constitution, the preconditions for constitutionalism, forms of government, the foundations of judicial power, the role and design of courts, constitutional borrowing across regimes, and the evolution of constitutionalism on a global scale. We will discuss judicial methods of interpretation, including proportionality and rights balancing. We will also explore comparative rights jurisprudence in areas including freedom of expression, equality and non-discrimination, religion, privacy and the family. Finally, we will discuss doctrines of constitutional maintenance and survival, including militant democracy and the basic structure doctrine, and will consider why some constitutions endure while others fail. Ultimately, the aim of the course is to not only to expose students to different approaches to constitutionalism the world over, but also to help them better understand their own constitutional system. Grades will be based on attendance, class participation, and a final exam.